BASIS UPON WHICH A PUBLIC OFFICER WILL NOT ENJOY THE PROTECTION OF SECTION 2(A) OF THE PUBLIC OFFICERS PROTECTION ACT
Topic starter June 5, 2020 10:09 am
"Indeed, case law on the issue is to the effect that where it is shown that the public officer acted outside the scope of his authority, he will not enjoy the protection of Section 2(a) of the Public Officers Protection Act. See: Hassan Vs Aliyu (2010) 17 NWLR (Pt. 1223) 547; Offoboche Vs Ogoja (2001) LPELR - 2265 (SC) @ 17 - 18 A; A.G. Adamawa State Vs A.G. Federation (2014) LPELR - 23221 (Sc) (5) 32 - 33 C - A.
The onus was on the appellant to show that the respondents acted outside the scope of their authority. It was held in Offoboche Vs Ogoja (Supra) (5) 17 B - P.
"The burden is on the plaintiff to establish that the defendant had abused his position or that he has acted with no semblance of legal justification. Evidence that he may have been over zealous in carrying out his duties or, that he had acted in error of judgment, or in honest excess of his responsibility, will not amount to bad faith or abuse of office. Abuse of office is abuse of power to achieve ends other than those for which the power was granted, for example/ for personal gain, to show undue favour to another or to wreak vengeance on an opponent, to mention but a few."
- PER K. M. O. KEKERE-EKUN, J.S.C IN ALHAJI ABBA MOHAMMED SANI VS THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA & ATTORNEY GENERAL OF THE FEDERATION
suit no: SC.68/2010
Legalpedia Electronic Citation: (2019) Legalpedia (SC) 42611
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