PUBLIC OFFICERS (PROTECTION) ACT, 2004 - CONDITION PRECEDENT TO THE APPLICABILITY OF SECTION 2 OF THE PUBLIC OFFICERS (PROTECTION) ACT, 2004
Topic starter June 30, 2020 1:34 pm
"In the case of Akwa Ibom State University v. Ikpe (2016) 5 NWLR (Pt. 1504) 146 at 164 Paras. E-H this Court held that:- "For the Section of the Act to avail any person, two conditions must be cumulatively satisfied. These are:
(1) It must be established that the person against whom the action is commenced is a public officer or a person acting in execution of public duties within the meaning of that law.
(2) That the act done by the person in respect of which the action is commenced must be an act done in pursuance or execution of any law, public duties or authorities or in respect of alleged neglect or default in the execution of any such law, duty or authority. Where however there is continuing injury being suffered or the wrong is a continuing one, the position of the Law is that the Limitation period shall not apply". See also the case of A/G Rivers State v. A/G Bayelsa State (2013) 3 NWLR (PT. 1340) 123 at 135 Ratio 14."
PER A. M. BAYERO, J.C.A. IN MODIBBO ADAMA UNIVERSITY OF TECHNOLOGY, YOLA V IJANDIR ISAAC SAMUEL YARAI
suit no: CA/YL/164/2017
Legalpedia Electronic Citation: (2020) Legalpedia (CA) 19218