CIVIL PROCEDURE — Limitation of Actions — Public Officers (Protection) Law — Effect of Statute-Bar on Jurisdiction
Ratio Decidendi
Per Ogbuagu, JSC, in Nasir v. Civil Service Commission Kano State & Ors (2010) NLC-123-144-2003(SC) at pp. 16–17; Paras A–B:
"Where a statute provides for the institution of an action within a prescribed period, proceedings shall not be brought after the time prescribed by such statute. Any action that is instituted after the period stipulated by the Statute is totally barred as the right of the plaintiff or the injured person to commence the action would have been extinguished by such law."
Explanation / Scope
This principle establishes that actions instituted after the prescribed limitation period are totally barred. The plaintiff’s right to commence the action is extinguished by the statute. The principle applies where a limitation statute applies. It ensures that claims are brought within the prescribed time. The principle reflects the policy behind limitation statutes. It prevents stale claims. The court must determine if the action is statute-barred. The principle provides guidance on the effect of limitation periods. It ensures that the limitation period is strictly enforced.