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

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment)

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.