Kaiser Konfa George V. Petroleum Training Institute, Effurun & Ors. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIOMA EGONDU NWOSU-IHEME, (Ph.D), J.C.A: (Delivering the Leading Judgment)

This is an appeal against the Ruling of Justice I.N. Auta of the Federal High Court Benin which ruling was delivered on the 30th of April, 2002 dismissing the Suit on the ground that it was statute barred by virtue of Section 2 of the Pblic Officers Protection Act Cap.379 Laws of the Federation 1990.

The Appellant, Kaiser Konfa George was offered admission into Petroleum Training Institute, Effurun (1st Respondent) for a Higher National Diploma in Petroleum Engineering in the 1994/1995 Academic Session. The academic requirements of the said Institute was that a student who failed to make a minimum G.PA of 1.75 at the end of two successive semester examinations may be asked to withdraw from the Institution. The Appellant scored a G.PA of 1.62 at the end of two successive semester examinations in 1994/1995 academic year and was therefore advised to withdraw from the Institution vide Respondent’s letter Ref. No. REG/AC/ER.10/VOL.1/19 dated the 22nd January, 1996.

By a Writ of Summons dated and filed on the 15th of April, 1998, the Appellant claimed against the Respondents thus:

“…………………… On or about the 26th day of January, 1996, the Defendants caused the Plaintiff to be served with a letter signed by the 2nd Defendant on behalf of all other Defendants, advising the Plaintiff to withdraw from P.T I. The Plaintiff took up the matter with the Head of Department who advised the Plaintiff to go on with his courses; and the Plaintiff proceeded, took all courses, examinations and wrote his project which was approved by his Head of Department. It was when the Plaintiff wanted to register for and Semester HND II courses that the Officer at the Exams and Records Unit notified him verbally of his expulsion from the Institute (P.T.I.). The Plaintiff was never invited to appear before a Panel neither did he perform below the required academic standard.

WHEREFORE by reason of the premise that Plaintiff claims against the Defendants jointly and severally as follows:

(a) A DECLARATION that the letter of the Defendant dated 22/1/96 by which said letter the Defendant advised the Plaintiff to withdraw from the Petroleum Training Institute is illegal, null and void for being in violation of the rights of the Plaintiff as contained in the various regulations governing the relationship between the Plaintiff and the Defendants.”

(b) A DECLARATION that the Plaintiff is still a bona fide student of the Petroleum Training Institute (P.T.I.) with all rights, privileges and benefits of all bona fide students of the Institute.

(c) AN ORDER directing the Defendants, their agents, privies and/or persons acting through or under them to release all results of the Plaintiff in the HND programme at P.T.I. in respect of Examinations which the Plaintiff actually sat for.

(d) AN ORDER directing the Defendants to release the certificate as well as the results of the Plaintiff upon the Plaintiff satisfying all requirements of the Institute (P.T.I.) for the release of the results and certificate.

(e) AN ORDER of injunction restraining the Defendants, their agents, privies and or persons acting through or under them from further interfering with the activities of the Plaintiff as a student in the Higher National Diploma (HND) programme in the Petroleum Training Institute.

(f) Cost of instituting and maintaining this action.”

The Respondents (Defendants at the lower court) upon service of the Statement of Claim, filed a joint Statement of Defence on the 14th of June 2001, whereby they pleaded that the suit was statute barred, being that it was not filed and initiated within three months from the 22nd of January, 1996 as provided for by the Public Officers Protection Act.

By a motion dated and filed on the 14/6/2001, the Respondents urged the court below to set down the points of law raised in the Statement of Defence for hearing. After hearing both parties, the court in a considered ruling delivered on the 30th of April, 2002 dismissed the suit for being statute barred.