MRS. THERESA E. OBICHUKWU V. BOARD OF MANAGEMENT (UNIVERSITY OF BENIN TEACHING, HOSPITAL), BENIN CITY & 2 ORS

ESSIEN J (DELIVERING THE JUDGMENT): The defendant by a motion on notice dated 14^th November, 2016 and filed on the 15^th November, 2016 sought an order dismissing this suit No. NICN/EN/786/2016. The grounds upon which the motion is predicated is that;

1) This suit is statute-barred by virtue of section 2(a) of the Public Officers (Protection) Act Cap P.41 laws of the Federation of Nigeria 2004.

2) The action before the court was not properly initiated according to law.

In support of the application is a 4 paragraph affidavit and a written address of the defendant counsel.

The defendant also filed a further Affidavit on the 8^th June, 2017. The claimant in response to the defendant process filed a counter affidavit of 13 paragraphs on the 1^st June, 2017 annexed to the counter Affidavit is a written address of the claimant counsel.

In his written address the learned counsel for the defendant/applicant, Mr. N.L. Omorodion formulated two issues for determination –

1) Whether the suit of the claim…