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NIGERIA CUSTOM SERVICE BOARD v. ECHY NIGERIA LIMITED

(2017) JELR 37744 (CA)

Court of Appeal  •  CA/L/34/2011  •  16 Jun 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): In a Ruling delivered on 13th of December, 2010, in Suit No. FHC/L/184/2001, the Federal High Court sitting at Lagos, dismissed the Appellants' preliminary objection to the competence of the Suit on the ground that it was statute barred by virtue of Section 2(a) of the Public Officers (Protection) Act, Cap 379, Laws of the Federation of Nigeria, 1990 (POPA)

Dissatisfied with the Ruling, the Appellant brought this appeal by a Notice and Grounds of Appeal dated 21st of December, 2010 containing a single ground.

In line with the Rules of the Court, learned counsel for the parties filed Briefs of argument in support of their respective positions, as follows: -

a) Appellant's brief was filed on the 11th of February, 2011 and

b) Respondent's brief was filed on 4th of April, 2011 and deemed on the 8th of April, 2013.

The briefs were adopted at the oral hearing of the appeal on the 27th of April, 2013 and the Court was urged to uphold…

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