MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Osun State delivered on 16th April, 2010 at the Ila Judicial Division in Suit No HIR/4/2004 between the parties herein in that Court. The Appellants were the 2nd and 3rd Defendants respectively while the 1st Respondent herein was the Plaintiff.
The Plaintiff had claimed by his Writ of Summons and Statement of Claim sundry reliefs against the Appellants and the 2nd - 5th Respondents and on the grounds that the nomination, election and appointment of the 5th Respondent as the Orangun of Ila was wrongful, fraudulent and invalid.
The trial Court dismissed the objection of the Defendants that the suit was statute barred by virtue of Section 2 (a) of the Public Officers Protection Act/Law and held that the objection was premature and could only be considered after evidence had been led by either side as to the date of the accrual of the cause of action, Upon settlement…