LEGAL PRINCIPLE: CIVIL PROCEDURE – Limitation of Actions – Time Bar Under Public Officers (Protection) Law
PRINCIPLE STATEMENT
An action against a protected person under section 2(a) of the Public Officers (Protection) Law for an act done in execution of a public duty must be instituted within three months; an action filed outside this period is statute-barred and liable to be dismissed.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ibrahim v. Judicial Service Committee, Kaduna State & Anor (1998) NLC-1301990(SC) at pp. 13-14; Paras A–B.
"Where an action is commenced against a person protected under section 2(a) of the Public Officers (Protection) Law for an act done in execution of a public duty, the action must be instituted within three months next after the act, neglect or default complained of. An action filed outside this period is statute-barred and liable to be dismissed."
EXPLANATION / SCOPE
The Public Officers (Protection) Law provides a short limitation period of three months. The period runs from the date of the act complained of. The defence can be raised at any stage. The court must dismiss a statute-barred action. The principle protects public officers from stale claims. The plaintiff must file within the prescribed period. The court has no discretion to extend the period. The rule applies to acts done in execution of public duty. The plaintiff must show that the action was filed within time.
