NIKI TOBI, JSC: (Delivering the Leading Judgment): The Kogi State Government in a letter dated 17th July, 1995 appointed the appellant a member of Okene Local Government Traditional Council, the 1st respondent. He took oath of office in accordance with the law. On 19th January 1998, the respondents served the appellant a letter removing him from office.
Angered by his removal as a member of the Traditional Council, appellant sued on 11th June, 1998. On 1st January, 2001 respondents filed a motion by way of preliminary objection challenging the competence of the action by virtue of section 2(a) of the Public Officers Protection Law, Cap 111 Volume 3, Laws of Northern Nigeria 1963. They argued that the action was statute barred in that it was not commenced within three months after the act complained of. The appellant opposed the motion.
The learned trial Judge upheld the preliminary objection and dismissed the action. An appeal to the Court of Appeal was dismissed. He has come to this …