Mr. Fidelis Okirika Agboroh V. The West African Examinations Council (Waec) (2016)

LawGlobal-Hub Lead Judgment Report

ITA GEORGE MBABA, J.C.A.

Appellant filed this Appeal on 29th January, 2014 against the decision of National Industrial Court, Owerri Division, in Suit NO. NICN/EN.156/2013, delivered on 15th January, 2014, by Hon. Justice O.Y. ANUWE, whereof, the trial Court struck out the Claimant’s suit for want of jurisdiction, following a preliminary objection, raised by the Defendant, that the suit was statute barred, pursuant to Section 2(a) of the Public Officers Protection Act, Cap P.41, Laws of the Federation of Nigeria, 2004.

The claims of the Appellant (who was the claimant at the Court below) filed on 12/7/2013, were for:
(a) A declaration that the purported dismissal of the claimant by the defendant via a letter of dismissal dated April 22, 2009 but received on 13th July 2009 is unconstitutional, illegal, null and void.
(b) A declaration that the claimant is still a staff of the Defendant and thereby entitled to all his salaries, allowances and remuneration from April 2009 till date.
(c) An order awarding the sum of five Million Naira (N5,000,000.00) only to the claimant as general damages suffered

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by the claimant for the psychological trauma and pains he was subjected to as a result of the illegal action of the defendant.
(d) And any other order or orders as this honourable Court may deem fit to make in the circumstances of this case,
(See pages 2 and 7 of the Records of Appeal)

The Defendant (now Respondent) filed its defence but also filed a motion on 28/10/13, praying for the following relief:
(1) An order setting down for hearing and determination the following preliminary point of law raised in paragraph 3 of the Defendants statement of Defence on record, that is:
That this suit is statute barred, in that the claimant commenced the Suit against the Defendant a public officer, more than three months after the cause of action arose contrary to the provisions of Section 2(a) of the Public Officers Protection Act, Cap P41, Laws of the Federal Republic of Nigeria, 2004, thus robbing this Honourable Court of the jurisdiction to entertain the suit.
(2) An order dismissing the suit for being incompetent.
Further take Note that the grounds upon which this motion is brought are as contained in

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the accompanying affidavit.

Appellant filed a counter affidavit on 4/11/13 to oppose the motion, and parties filed written addresses, which the trial Court considered upon the hearing of the application. The decision of the trial Court favoured the applicant and the suit was dismissed. The trial Court said on page 174 of the Records;
The claimant does not dispute the two basic facts above, namely the date the cause of action arose, and that on which he came to Court. He nonetheless argued that his case is not caught up by the limitation provided by Section 2a of POPA. His main defence is that the Defendant is not a public officer, therefore, not entitled to the protection under Section 2a of POPA. In the circumstances therefore, and for all the reasons given, I hold that the defendant is a public officer entitled to protection under Section 2a of the Public Officers Protection Act, Cap P41 LFN 2004. It is my holding that this action is statute barred, having been brought outside the three month period stipulated by Section 2a of the Public Officers Protection Act, Cap P41, LFN, 2004

That is the decision Appellant

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challenged in this appeal, as per the Notice of Appeal on pages 176 to 177 of the Records of Appeal, which disclosed 2 grounds of Appeal. Appellant filed his brief of argument on 8/4/15 and donated two issues for the determination of the appeal.

The Respondent field its brief on 25/5/15, which was deemed duly field on 29/2/16. In the Brief the Respondent raised a Notice of Preliminary objection, saying that the two issues for determination of the appeal, by the Appellant, did not arise from any of the grounds of appeal. He, however, in the alternative, donated a sole issue for the determination of the appeal, as follows:
Whether the Respondent is a public officer entitled to the protection offered by Section 2(a) of the Public Officers Protection Act
Appellants two issues for determination were:
(1) Whether the defendant is a public officer and thus entitled to enjoy the protection under Section 2 (a) of Public Officers Protection Act  (Ground 1)
(2) Whether the case is statute barred having commenced this case vide Lagos High Court suit No.LD/1845/09 of 5th November 2009 and not 12th July,

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2013. (Ground 2)