LIMITATION LAW ā Limitation Periods ā Accrual of Cause of Action ā Where Criminal Allegation Is Root of Dismissal
Principle Statement
Having caused the respondent to be charged, the appellant was bound to wait for the outcome. Time starts to run upon completion of the criminal case, not when the panel's report was out or when dismissal letter was received, since the criminal allegation was the root of the dismissal.
Ratio Decidendi (Source)
Per Mukhtar, JSC, in NPA v. Ajobi (2006) NLC-123-402-2001(SC) at pp. 14ā15; Paras DāA.
"The Appellant, having reported the offence to the Police and having caused the Respondent to be charged in a Court of law, it behoves it to wait for the outcome of the case. The exercise having started, it is on completion that the time prescribed in the limitation law would start to run, not the date the panel's report was out, or the date the Respondent received a letter of dismissal, since the criminal allegation was the root of the Respondent's dismissal."
Explanation / Scope
Limitation runs from completion of criminal proceedings, not dismissal. The principle applies to limitation law.
