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SANI
V.
OKENE L.G. TRADITIONAL COUNCIL

(2008) JELR 56590 (SC)

Supreme Court 30 May 2008 Nigeria
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Case Details

Suit Number:SC.215/2005
Judges:NIKI TOBI JSC (Presided and Read the Lead Judgment) DAHIRU MUSDAPHER JSC GEORGE ADESOLA OGUNTADE JSC SUNDAY AKINOLA AKINTAN JSC FRANCIS FEDODE TABAI JSC
Counsel:Hon. Tony Anyanwu - for the Appellant. -*- Fola Ajayi Esq. - for the Respondents.

TOBI JSC (Delivering the Lead Judgment): The Kogi State Government in a letter dated 17 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 19 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 11 June 1998. On 1 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 vol. 3, Laws of Northern Nigeria, 1963. They argued that, the action was statute-barred in that it was not commenced within three months afterthe act complained of. The appellant opposed the motion. The learned trial Judge upheld thepreliminary objection and dismissed the action. An appeal to the Court of Appeal was dismissed. He has come to this court. Briefs were …

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