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The Presiding Judge, Kano Judicial division of the National Industrial Court, His Lordship, Hon. Justice E. D. Isele has dismissed the suit filed by Mr Musa Bari challenging his dismissal from service of Rogo Local Government Council against Kano State Ministry For Local Government and 2 others for being filed out of time.
The court held that the matter was brought four months after the cause of action arose against the 3 months period allowed by Public Officer Protection Law of Kano State.
From fact, the Claimant averred that on January 2018 he was served with a letter of dismissal dated 17th of October, 2017 by the second defendant citing abscondment from duty and he was not given fair hearing before the dismissal letter was issued to him neither was he issued with any query. He maintained that since 1997 he has not received salaries.
The Defendant filed Preliminary Objection that the matter is Statute barred for filing out of time thereby robs the Honourable Court of jurisdiction to entertained the case by virtue of Public Officers Protection Law.
The Claimant argued that the matter was brought within the prescribed period allowed by law that the Complaint of Summons and or Originating Motions were of paramount importance urged the court to dismiss the objection.
Delivering the ruling, the trial Judge held that time of action began to run from 2nd January 2018 when the claimant received the letter of dismissal, that the window of time as spelt out in the limitation law of the Public Officer (Protection) Law Cap 121 of Kano State states that every action or other proceedings commenced against a Public Officer must commence within three months next after the act.
“It is abundantly clear to me that by the time the Claimant filed this action on the 13th April 2018 the action had become Statute barred. If the action had been filed on the 2nd of April, or 30th March or thereabout it probably would have been within time. But the 13th April 2018 had gone into a 4th Months clearly outside the 3 Months limitation period.†Justice Isele ruled.
