LIMITATION LAW ā Limitation Periods ā Accrual of Cause of Action ā Action Founded on Speculation
Principle Statement
Where an employee is dismissed for allegations for which he is standing trial, his right of action for reinstatement accrues only upon his acquittal. Any action instituted before acquittal would have been founded on mere speculation.
Ratio Decidendi (Source)
Per Tabai, JSC, in NPA v. Ajobi (2006) NLC-123-402-2001(SC) at pp. 16ā17; Paras DāA.
"Where an employee is dismissed for allegations for which he is standing trial in a criminal court, his right of action for reinstatement accrues only upon his acquittal and discharge of the criminal allegations. Any action instituted before his acquittal and discharge would have been founded on mere speculation."
Explanation / Scope
Pre-acquittal action would be speculative and premature. The principle applies to limitation law.
