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Abuja---His Lordship, Hon. Justice Sanusi Kado of the National Industrial Court of Nigeria, Abuja Judicial Division on Friday 18th May in a ruling/judgment dismissed suit against Hon. Minister of Interior for being statute barred In accordance with Public Officers Protection Act in a case of MR. AFUJE RAYMOND CHUCKS & ORS Vs. THE HONOURABLE MINISTER OF INTERIOR CHAIRMAN CIVIL DEFENCE, FIRE, IMMIGRATION AND PRISONS SERVICE BOARD and 3 ORS.
The Applicants approach this Court via an Originating Summons dated1stday of August 2017 seeking among others; A DECLARAION that the continuous failure and or refusal of the 1stand 2ndRespondents to approve the issuance and issue to the Applicants the said Promotion Letters is unjustified and unlawful.
Likewise, AN ORDER OF MANDAMUS compelling both I" and 2nd Respondents to
immediately approve the issuance and issue to the Applicants, their Letters of Promotion having participated in the promotional examination and oral interview for promotion to the rank of Deputy Controllers-General of Prisons conducted by the 2nd Respondent and came out successful.
On The Ground that The Applicants were officers of the Nigerian Prisons Service and while serving in Having participated in the promotional examination and oral interview for promotion to the rank of Deputy Controllers-General of Prisons conducted by the 2nd Respondent in 2014 and came out successful, the 151 and 2nd Respondents are legally bound to issue Letters of promotion to the Applicants.
Upon being served with the originating processes commencing this suit, the 1st Respondent/Applicant, vide notice of preliminary objection submitted that failure by the Applicant to institute this action within three Months after their retirement from service is fatal and detrimental to their case urged the Court to dismiss this suit for lack of competence to entertain this suit on the ground that the Applicants/Respondents suit as it is presently constituted is statute barred.
Mr. Akinola Afolarin Esq, Counsel for the Claimants/Respondents, in opposing this application filed a written address and adopted same during the oral adumbration. Counsel place reliance on section 2 (a) of the Public Officer Protection Act and submitted that on the strength of this section that when there is a continuing wrong or injury, time cannot begin to run until such wrong or injury has ceased.
The counsel submitted further that the injury in the present case has not ceased and the action of the Applicants cannot therefore be said to be statute barred.
After reviewing the argument of the parties, the Court Presided by Hon. Justice Sanusi Kado expressed thus;
“I have carefully and painstakingly perused the originating processes commencing this suit, the notice of preliminary objection as well as the written addresses filed by Counsel for both parties for and against the preliminary objection. I have also listened attentively to oral adumbrations of the written address by Counsel.
It can be deduced from the submissions of Counsel for the Applicants/Respondents that they have conceded that the present action was not instituted within three Months from the date of the act, neglect, or default complained of (release of letters of promotion and entitlement accruing as a result of the promotion) by the Respondents/Applicants.
However, the alleged damage or injury as a result of the refusal to release letters of promotion did not continued going by the definition of ‘’continuous damage or injury; as defined by the Supreme Court in the cases cited above.
It is to be noted that from May 2015 to 1st August 2017, when this suit was instituted is a period of two years seven Months, this clearly shows that this action was instituted beyond the three Months allowed by the law.
In view of the reasons given above and the facts that the Respondents being public officers acting in pursuance of execution of public duty and the action against them having not been instituted within the time allotted by the law, is statute barred. Consequently, this suit is hereby dismissed.
