Energy Marine And Industrial Ltd. V. Minister Of The Federal Capital Territory & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A (Delivering the Leading Judgment)

This is an appeal against the Judgment of the High Court of the Federal Capital Territory, Abuja in Suit No. FCT/HC/CV/198/07 delivered on the 23rd day of July 2008.

The Appellant as Plaintiff by an action commenced at the lower Court claimed against Respondents the following reliefs:-

“(i) A declaration that the demolition of the Plaintiff’s property at Plot 49, Aminu Kano Crescent, Maitama District, Abuja by the Defendants herein and allocating same to the 3rd party in spite of approval given to the Plaintiff prior to construction is unjust, arbitrary, high-handed, oppressive, wrongful and amounts to breach of contract between the Plaintiff and the Defendants having regard to the terms of allocation of the said Plot in the letter of offer dated 22nd February 2001 from the Defendants to the Plaintiff herein.

(ii) An Order directing the Defendants herein to pay the Plaintiff a total sum of (=N=45,000,000.00) Forty-Five Million Naira only compensation being the value of the Plaintiff’s property as at 25th May 2005 before demolition as contained in the valuation certificate carried out in this regard.

(iii) Exemplary damages in the sum of =N=20 Million against the Defendants for reckless manner, oppressive, arbitrary and untold hardships caused the Plaintiff as a result of demolition of its property after given (sic) approval for the construction.

(iv) Cost of this action assessed at =N=5 Million.”

In response to the suit instituted against the 1st and 2nd Respondents, they filed a Preliminary Objection against the Suit on the ground inter-alia that same is statute barred having regard to the provisions of the Public Officers Protection Act which prescribed 3 months period for institution of action against Public Officers.

In a considered Ruling, the Learned Trial Judge upheld the Preliminary Objection and dismissed the Plaintiff/Appellant’s case on the ground that same was statute barred.

The Appellant being dissatisfied with the said Ruling of the lower Court now appealed to this Court.

The Learned Counsel for the Appellant formulated a sole issue for determination set out as follows:-

“Having regard to the fact of this case, whether the provision of section 2(a) of Public Officers Protection Act is applicable to warrant dismissal of the Plaintiff/Appellant’s case.”

On the other hand, Learned Counsel for the 1st and 2nd Respondents adopted the sole issue formulated by the Appellant.

At the hearing Learned Counsel for the Appellant adopted and relied on his brief of argument in urging the Court to allow the Appeal.