Gamu Yare (Chun Mada) V. Alhaji Adamu Nunku & Ors (1995)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C.

The appellant was appointed the Chun Mada of Mada in Plateau State on the recommendation of the 4th, 5th and 6th defendants; the appointment was approved by the then Military Governor of Plateau State. Pleadings having been ordered were duly filed and exchanged; all the six defendants filed a joint statement of defence. Thereafter, the 1st defendant who is now the appellant before us filed a motion praying the court of trial, that is, the High Court of Justice of Plateau State for the following orders:

“(i) An order granting leave to set aside the service of Amended Writ of Summons dated 16/10/90, Statement of Claim dated 29/10/90 and Motion on Notice dated 5/11/90 as same were personally served on the 1st defendant on Saturday 17/11/90, being a public Holiday.

(ii) An order granting leave to strike out the suit for lack of jurisdiction.

(iii) An order granting leave to dismiss the suit for being statute barred.

(iv) And for such other order or orders as this Honourable Court may deem fit to make in the circumstances.”

The application was heard by Naron J. and in a ruling delivered on 19/4/91 he found: “I am constrained to observe that the submission of Mr. Akubo that the applicable law in this part of the country on limitation of action is the 1625 English Limitation Act is not only perverse but intriguing and strange. With the coming into effect of Decree No. 88 of 1966, the Limitation Act, 1623 became dead, buried and to rise no more. However, careful perusal of the Decree reveals that it is of no application to the present action. We are therefore, left with the Plateau State Limitation Edict, 1988, sections 18, 42 and 44 of which are relevant to the instant case.

It is further, the submission of Mr. Akubo that the 1st defendant having not been installed, is not entitled to any protection under the Public Officers (protection) Law. There is no premise for this submission. A person elected or selected into the office of Chun Mada does not require any installation to become a Public Officer. All that are vital to his becoming a Public Officer are the approval and endorsement of the Plateau State Council of Chiefs and the Governor respectively.

The installation is a mere formal handing over of staff of office to the officer duly elected or selected. The Public Officers (Protection) Law provides for the protection against actions of persons acting in the execution of public duties. There is nothing which would necessitate the exclusion of the Plateau State Government or any of its agents from application of the law. The office of the Chun Mada was created in 1980 and has remained so ever since. The 1st defendant though elected/selected on the 6th June, 1990 is merely performing the functions of an office which came into existence in 1980 and is covered by the provisions of the law.”

He concluded thus:

“Having failed to challenge the Law which was an infunction on their rights within three months (as required by the Public Officers (Protection Law) or five years in accordance with the Limitation Edict, 1988, when the cause of action arose in 1980, cannot be heard now to challenge the law, as such action is statute barred.”

I do not agree with Mr. Akubo that the cause of action arose only in 1990 when the 1st defendant was elected or selected or elected; their inaction cannot be visited on the 1st defendant. What if the last incumbent had not passed away

The sum total of all these, is that the preliminary objection succeeds. The action is statute barred and is hereby struck out.”

Being dissatisfied with this decision the plaintiffs (who are now respondents before us) appealed to the Court of Appeal (Jos Division). The Court of Appeal after hearing arguments allowed the appeal. Mukhtar J.C.A. in a lead judgment of the court, after citing section (1) of the Limitation Edict No. 16 of 1988 of Plateau State, and section 4(2) and (3) of Decree No.1 titled Constitution (Suspension and Modification) Decree 1984 observed: