THOMAS JCA (Delivering the Lead Judgment): The appeal is against the decision of the Federal High Court, Umuahia in suit No.
FHC/UM/C8/250/2001 delivered on 6th December, 2002 whereby the appellant’s suit was struck out on the ground that the suit was statute barred. The brief facts as can be ascertained in the record of appeal is that the appellant was a Deputy Comptroller of Prisons and he was compulsorily retired in June 1996. He protested his compulsory retirement through many letters. The 2nd respondent then informed him that a ministerial panel would consider his complaints and was asked to wait for the outcome. The expected review never came out. Appellant then filed the suit in 1998, a period of over 2 years when he was compulsorily retired.
When proceedings began, the 2nd respondent’s counsel, raised a preliminary objection on the ground that, the action was statute barred and relied on section 2 of the Public Officers Protection Act, Cap. 379 Laws of the Federation of Nigeri…