PUBLIC OFFICERS PROTECTION LAW — Limitation of Actions — Public Officers Protection Act — Action Commenced Outside Three-Month Period Is Statute-Barred and Robs Court of Jurisdiction
Ratio Decidendi
Per Mukhtar, JSC, in FRIN v. Gold (2007) NLC-123-40-2004(SC) at pp. 10–12; Paras B–D:
"The dismissal of the respondent having taken place in 1988, the respondent's cause of action arose three months thereafter, and not three years after. … the respondent having not brought the action within the time prescribed by the Public Officers Protection Act supra, he was definitely statute-barred from commencing the action. The action he brought, (having been outside the prescribed period) is against the provisions of the said law and so does not give rise to any cause of action. Again, the High Court was bereft of jurisdiction to hear the matter, as the law governing the action has not been complied with."
Explanation / Scope
Under the Public Officers Protection Act, an action against a public officer for acts done in execution of duty must be commenced within three months of the cause of action arising. Failure to do so renders the action statute-barred and robs the court of jurisdiction. The limitation period is strict and cannot be extended. Any proceedings commenced outside this period are a nullity.