“Section 2 (a) of the Ekiti State Public Officers (Protection) Law provides as follows:
“2. Where any action, prosecution, or other proceeding is commenced against any person for any act done in pursuance or execution or intended execution of any law or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such law, duty or authority, (he following provisions shall have effect:-(
a) the action, prosecution or proceeding shall not lie or be instituted unless it is commenced within three months next after the ceasing thereof
Provided that if the action, prosecution or proceeding be at the instance of any person for cause arising while such person was a convict prisoner, it may be commenced within three months after the discharge of such person from prison.”
The proviso to Section 2 (a) of the Public Officers (Protection) Law does not apply to this case. However the provision of the law is very clear, and that is, where any action, prosecution or proceeding is commenced against any person, for any act done in pursuance or execution of any law or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such law, duty or authority, the action, prosecution or proceeding shall not lie or be instituted unless it is commenced within three months of the act neglect or default complained of or in the case of a continuance of damage or injury, within three months next after the ceasing thereof. PER P.A.GALINJE, J.S.C in
