LEGAL PRINCIPLE: ADMINISTRATIVE LAW — Immunity of Public Officers — Scope of Protection — Protection Applies Only to Acts Done in Execution of Public Duty
PRINCIPLE STATEMENT
For a defendant to avail himself of the protection afforded by section 2 of the Public Officers Protection Law, he must, as a public officer, have done something by way of action, deed, neglect or default in the discharge or execution of his public duties for which he is sued. If he has done nothing in the discharge of his public duties for which he was sued, the protection does not apply.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Yare v. Nunku & Ors (1995) NLC-1861992(SC) at p. 24; Paras. C–E.
"For a defendant to avail himself of the protection afforded by section 2 of the Public Officers Protection Law, he must, as a public officer, have done something whether by way of action, deed, neglect or default in the discharge or execution of his public duties for which he is sued and in respect of which he may seek protection… In the present case, the appellant had done nothing in the discharge of his public duties for which he was sued."
EXPLANATION / SCOPE
The Public Officers Protection Law only protects acts done in the execution of public duties. If the defendant did nothing in his official capacity for which he is sued, the protection does not apply. The principle applies to all claims against public officers. The plaintiff must allege that the defendant acted in the discharge of public duties. The rule prevents the misuse of the law by public officers who are sued for personal actions. The court will examine the nature of the claim against the officer. The protection is not a blanket immunity.