OKUNOLA, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Gbadeyan, J, of the High Court of Kwara State, holden at Ilorin, delivered on 15th day of March, 1995, wherein the court A overruled the objection on Public Officers (Protection) Law Cap. III of LNN 1963, as applicable to Kwara State. The appellants, in the course of the proceedings, also raised objection on the fact that the whole action was statute-barred by virtue of the limitation Act, 1623 as the action was instituted outside the 6 years prescribed by the law.
In overruling the appellants’ objection, the learned trial Judge held at page 150 of the record thus: “In the peculiar circumstance of this case, therefore, this action is notstatute-barred, as the official was not acting officio colores .” The facts of this case, briefly put, were as follows: The respondent herein is an electrical contractor. He was awarded some works at G.S.S. Agbamu, Kwara State in 1979/80 to wit, the erection of 29…