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June 5, 2020 10:07 am
"Now, the protection under the POPA has its own exception. Thus, a criminal action, outside the public officer's duties, will not fall within the scope of Act, Attorney - General of Rivers State and Anor (pt.149), paras F-C. In Kwara State Pilgrims Welfare Board v Jimoh Baba (2018) LPELR-43912 (SC), it was held pointedly that:
It is not and cannot be the intention of the law to compensate dishonest public officers with statutory protection that defeats the essence of probity in service. Doing otherwise, would amount to incentivizing dishonesty in service by encouraging potential violators of public trust to benefit and reap the evil fruits of their dishonest behavior at the expense of national good and public morality.
Scholars are, also, unanimous on this issue that POPA will not apply when the public officer engages in act of criminality, see, for example, I. Peters, "Public Officers' Protection Act/Law cannot be Invoked to Protect Fraudulent Public Officials. DNL Legal & Style, retrieved from <https://dnHeqalandstvle.com/2018/public-officers-protection-act-law-cannot-be-invoked-to-protect-fraudulent-public-officials&source=gmail&ust=1591435819795000&usg=AOvVaw0T-K1NB4P_xdajOK8PciD A"> https://dnHeqalandstvle.com/2018/public-officers-protection-act-law-cannot-be-invoked-to-protect-fraudulent-public-officials > (accessed 02, 2019); A. Odusote, The Nigerian Public Officers Protection Act: An Anachronistic Legislation Yearning for reform, 225 – 240
The learned counsel for the appellant had cited Abah v Belgore [2004] 8 NWLR (pt 875) 336 and Nwankwere v Adewumi (supra) as authorities for his proposition that the respondent was acting outside his colour of his office or statutory duty by relying solely on the non- existent law, Banks (Freezing of Accounts) Act of 1984.
With due respect, this proposition is, clearly, outlandish. First, I am compelled to repeat this court's view that the law will not apply when the public officer engages in acts of criminality and money looting. In Kwara State Pilgrims Welfare Board v Jimoh Baba (2018) LPELR-43912 (SC), this court observed that:
It is not, and cannot be, the intention of the law to compensate dishonest public officers with statutory protection that defeats the essence of probity in service. Doing otherwise, would amount to ' incentivizing dishonesty in service by encouraging potential violators of public trust to benefit and reap the evil fruits of their dishonest behavior at the expense of national good and public morality.
-PER C. C. NWEZE, 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
suit no: SC.68/2010
Legalpedia Electronic Citation: (2019) Legalpedia (SC) 42611
