Adio Suleiman V. Kwara State Polytechnic (2006)

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MUHAMMED SAIFULLAHI MUNTAKA-COOMASSIE, J.C.A.

This is an appeal against the Ruling of Hon. Justice Elelu-Habeeb J. of the State High Court, Ilorin, delivered on 16/05/2005 upholding the preliminary objection filed by the Defendant on the ground of the suit being statute barred. The Plaintiff now Appellant filed an action against the Defendant now Respondent.

A brief review of the facts that gave rise to the litigation will assist in further elucidating the appeal in this matter. The Appellant herein was in the employment of the Respondent herein. He was employed in the Department of Banking and Finance at the Kwara State Polytechnic, Ilorin, as an Editor of one of their magazines.

After some wrangling not unconnected with the cultists clash and after some investigation by the polytechnic authority he was expelled from the college on 5/8/2002 and the expulsion was published on 20th September, 2002.

On 14th day of September, 2004, the Plaintiff challenged his expulsion by filing a writ of summons and statement of claim as follows:

“(a) A declaration that the Plaintiffs expulsion by the Defendant is unlawful, and unconstitutional and

(b) An order of this honourable court directing the defendant (Kwara State polytechnic, Ilorin) to release the Plaintiff’s Certificate (HND) Certificate in Banking and finance.

(c) N100,000.00 (One Hundred Thousand Naira Only) special damages against the defendant.”

The Defendant now Respondent denied the claim, entered conditional appearance and filed a statement of defence and raised a preliminary objection, alleging that the action was statute-barred, as same was not instituted within the statutory period of three months after the accrual of the cause of action. In a nutshell the Defendant contended that the trial court lacks jurisdiction to exercise power on the Plaintiffs’ claims which were statute barred and urged that court to dismiss same as a flagrant abuse of courts processes.

The Learned trial Judge set the preliminary objection for hearing. After all rudimentary objections and counter objections the Defendant referred to paragraph 15 of the Statement of Defence which reads thus:

The defendant will at the trial of this action raised by way of preliminary objection that the plaintiff has no cause of action as his claims becomes non-justiciable by reasons of public officer protection Act.

Particulars of objection:

(a) The defendant is a public authority/person

(b) was expelled from the defendants institution on 5th August 2002; and he instituted this action on 14th September, 2004 a period of over 2 years.