MUHAMMED LAWAL SHUAIBU, JCA (Delivering the Leading Judgment): This appeal is against the interlocutory ruling of the Federal High Court sitting at Calabar delivered on 6th June, 2018 wherein the court ordered that the preliminary objection of the appellant challenging the competence of the 7th respondent’s counter-claim be taken at the end of the trial.
By a notice of preliminary objection filed on 14/6/2018 and brought pursuant to Section 6(6) of the 1999 Constitution (as amended) the appellant as 4th defendant prayed the lower court for the dismissal of the 7th defendant/respondent’s counter-claim on the following grounds:-
(i) The 7th defendant’s counter-claim against the 4th defendant is in law not enforceable because the action is statute barred by virtue of Section 2(a) of the Public Officers Protection Act Cap. 41 Laws of the Federation of Nigeria, 2010.
(ii) The 7th defendant did not serve on the 4th defendant any pre-action notice as required by Section 93 of the Nigerian Ports…