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Minna --His Lordship, Hon. Justice S. O. Adeniyi of the National Industrial Court of Nigeria, sitting in Minna on Wednesday 17th October 2018 in a judgment dismissed suit filed by YAHAYA A. DANIYA against NIGER STATE JUDICIAL SERVICE COMMISSION challenging termination of his appointment from service for being statute barred.
This action was commenced by a Complaint filed on 19th April, 2018 wherein the Claimant claimed against the Defendant among others; A declaration that the purported termination of the Claimant’s Appointment from the Niger State Judiciary as a permanent and pensionable staff, which is covered by the letter dated 14th January, 2013 is ultra vires, unlawful, null and void having regards to the Niger State Civil Service Rules. A declaration that the purported termination of the Claimant’s Appointment is also unconstitutional, null and void for want of fair hearing and compliance with the laid down procedures for termination of appointment of a Niger State Civil Servant.
Likewise, An Order re-instating the Claimant to the employment/services of the Niger State Judiciary with all rights and privileges attached thereto and without loss of promotion with effect from the date of the purported termination.
He was a Senior Staff of the Defendant until 14th January, 2013 when his appointment was terminated. The Claimant alleged that his appointment was without recourse to any notice of allegation, query or misconduct either oral or written. He further alleged that he was not invited to any committee or panel to answer to any query and neither was he given notice or salary in lieu of notice.
The Claimant also alleged that he approached the Defendant to intervene but that he did not receive any positive response in spite of his request to the Defendant.
The learned counsel for the Defendant, Ahmed Yusuf Esq., had hinged his arguments principally on the ground that the limitation law, that is the Public Officers (Protection) Act, caught up with the suit, in that the Claimant commenced the action after the time permitted for filing an action against the acts of a public officer complained of had lapsed.
This action was filed on 19/04/2018 which was five years after the Claimant became aware of his termination of his employment. Learned counsel submitted further that the action is statute barred having been instituted outside the three (3) months allowed by the Act that is, from the date of the accrual of the cause of action. And in that instance, the Court lacked jurisdiction to entertain the suit and that the suit is liable to be struck out.
In his arguments on the issue of jurisdiction raised suo motu by the Court, the learned counsel for the Claimant, E.N. Jiya Esq., posited that there are exceptions to the applicability of the provisions of the POPL of Niger State which provisions is in pari materia with Section 2(a) POPA.
After reviewing the argument of both parties, the Court Presided by Hon. Justice S. O. Adeniyi expressed thus;
“An action which is not brought within the prescribed period offends the provisions of the law and thus could not give rise to a cause of action.
“Arising from the foregoing therefore, I cannot help but agree entirely with learned Defendant’s counsel on the fact that the element of bad faith, malice, ill motive, illegality, deliberate exercise of power without authority and such like conduct raised against the Defendant can only be raised if the suit is filed within the three (3) months period.
“In the final analysis, my decision is that the filing of the Complaint five (5) years after the cessation of the act complained of clearly offends Section 2 (a) of the Public Officers Act. I find in the result that this Court lacks jurisdiction to entertain this suit. The same shall be and is accordingly dismissed.” Justice Adeniyi Declared.
