IDRIS LEGBO KUTIGI, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal. And the issue to be decided falls within a very narrow compass. It is whether or not the defendants/appellants who were (and the 1st appellant still is) public officers at the time of the action complained of are protected by section 2(a) of the Public Officers' Protection Law Cap.114 Laws of Lagos State 1973. In other words the issue is whether or not the action against the appellants is maintainable in law in the circumstances of the case.
The plaintiff/respondent had in the Lagos High Court issued a writ of summons against the defendants as follows:-
"The Plaintiff claim against the defendants is for the sum of FIVE HUNDRED THOUSAND NAIRA (N500,000.00O) being general and special damages suffered as a result of a conspiracy by the defendants and a libel of the plaintiff by the first and second defendants in a letter dated 21st March 1978 addressed to the Inspector-General of Police and rep…