Background
This case involves the appellants, who were employees of the University of Agriculture, Makurdi. Their appointments were terminated for failure to return after overseas training. The appellants filed an action for relief against the university, alleging that their termination was unlawful.
Issues
The Supreme Court was tasked with addressing two main issues:
- Whether the appellants' action was statute-barred under section 2(a) of the Public Officers Protection Act.
- Whether the court erred in raising the issue of jurisdiction suo motu.
Ratio Decidendi
The court upheld that the action was indeed statute-barred, emphasizing that actions against public officers must be commenced within three months of the alleged act. The appellants waited well beyond this period.
Court Findings
The court found:
- The appellants' cause of action arose on 30 April 1999, but they did not file until 17 July 2000, which was over 15 months later.
- That the actions taken by the University were within the scope of powers delegated to them and were therefore valid.
- The issue of jurisdiction raised by the lower court was relevant and justified, as the trial court was bound to assess its jurisdiction based on existing statutes.
Conclusion
The Supreme Court dismissed the appeal, affirming the concurrent findings of the lower courts. The appellants were found to have not acted diligently in pursuing their claims, resulting in their case being statute-barred.
Significance
This ruling highlights the importance of adhering to limitation periods in legal actions involving public officers in Nigeria. It underscores the principle that the right to legal recourse can be forfeited due to inaction, and reinforces the authority of courts to address jurisdictional issues proactively.