MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the leading Judgment): At the Federal High Court Abeokuta, the respondent instituted a civil action. In his Statement of Claim dated 18/7/2007 in Suit number FHC/AB/CS/20/2007, he is claiming as follows:
(a) The sum of N5,000,000.00 (Five million Naira)
(b) Cost of this action.
The summary of the fact leading to the Suit is that the daughter of Gbonjubola Ajayi a student of the appellant (Federal College of Education Osiele, Abeokuta Ogun State) died in an inferno that engulfed the room allocated to her in the student hostel of the institution (the appellant) in the early hours of Sunday the 11th day of March 2007.
The suit was set down for hearing before the court below. The appellant by way of a notice of preliminary objection challenged the jurisdiction of the trial court on the ground that the action is statute barred and relying on Section 2(a) of the Public Officer Protection Act, Cap. p.41. Laws of Federation of Nigeria 2004 and urg…