Hon. Sunny Obi-akejule & Ors. V. Delta State Government & Anor. (2008)

LawGlobal-Hub Lead Judgment Report

B HELEN MORONKEJI OGUNWUMIJU, J.C.A.

This is an appeal against the Ruling of Honourable Justice Z.A. Smith sitting at High Court of Justice 2, Asaba, Delta State in Suit No. A/117/2005 delivered on the 30th of March 2006 wherein he struck out the Appellants’ Suit on the ground that it was STATUTE-BARRED having been brought outside the three months period allowed by S.2 (a) of the Public Officers Protection Law, Cap 137, Laws of Bendel State of Nigeria, 1976 applicable to Delta State.

The facts that led to this appeal are as follows: –

The Appellants who instituted this action as Plaintiffs, were the Councilors elected into the various local government Councils of the Delta State in 1999 under the Delta State Local Government Law, 1999 on full time basis and became entitled to salaries, allowances etc under the Delta State Remuneration, Salaries and Allowances, Gratuities and Pension of Certain Public Offices and Bodies Law, 2000.

On 18th April, 2005 the Executive Governor of Delta State assented to the Delta State Local Government Law 2004 divesting the Councilors of the vested rights and entitlements to occupy their seats as full time Councilors and to enjoy the remuneration prescribed by the Delta State Remuneration, Salaries and Allowances, Gratuities and Pension of Certain Public Offices and Bodies Law, 2000.

The Appellants commenced this action by originating summons on 7th June, 2005, precisely one month three weeks after the law was given assent by the Executive Governor, praying the High Court to interpret the various laws and determine the following questions:

i. Whether the Local Government (Amendment) Law 2004 divested Plaintiffs of their vested rights and entitlements to occupy their seats as full time Councilors and enjoy the remuneration prescribed by the Delta State Remuneration, Salaries and Allowances, Gratuities and Pension of Certain Public Offices and Bodies Law, 2000?

ii. If yes, whether such law in designating Councilors as part time is valid, competent and or legal?

Appellants then sought declaratory and injunctive reliefs against the Respondents.

The Respondents challenged the jurisdiction of the High Court to adjudicate on the Suit filed by the Appellants by a NOTICE OF PRELIMINARY OBJECTION dated the 8th day of August, 2005 on the grounds that:-

1. That the Delta State Local Government Law, 2004 came into force on the 20th day of October, 2004
2. That this action was instituted/filed by the Appellants on the 7th day of June, 2005
3. That this action against the Defendants is STATUTE-BARRED by virtue of S.2 (a) of the Public Officers Protection Law, Laws of Bendel State 1976, also applicable to Delta State.
4. That this action is clearly outside the three months required, within which this action ought to have been brought.

After hearing counsel for the parties on the objection, the learned trial judge on 30th March 2006 upheld the objection and struck out the suit as being incompetent being statute-barred. The Appellants being dissatisfied have appealed to this court.

The Appellants filed appellants’ brief dated 19th January 2007 on same date. The Respondents filed Respondents’ brief on 7th March 2007 pursuant to order of court.

The Appellants’ Counsel C.A. Ajuyah Esq. identified two issues for determination, also agreed to by Respondents’ counsel.

Issue one is whether the learned trial judge was right in holding that the cause of action in this Suit accrued on 20th October, 2004 and not 18th April, 2005. Issue two is whether the learned trial judge was right in holding that the action is statute barred by virtue of the Public Officers Protection Law.