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HON. SUNNY OBI-AKEJULE & ORS. v. DELTA STATE GOVERNMENT & ANOR.

(2008) JELR 45360 (CA)

Court of Appeal  •  CA/B/243/2006  •  19 Jun 2008  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA ESONDU NWOSU-IHEME JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Honourable Justice Z.A. Smith sitting at High Court of Justice 2, Asaba, Delta State in Suit No. A/117/2005 delivered on the 30th of March 2006 wherein he struck out the Appellants' Suit on the ground that it was STATUTE-BARRED having been brought outside the three months period allowed by S.2 (a) of the Public Officers Protection Law, Cap 137, Laws of Bendel State of Nigeria, 1976 applicable to Delta State.

The facts that led to this appeal are as follows: -

The Appellants who instituted this action as Plaintiffs, were the Councilors elected into the various local government Councils of the Delta State in 1999 under the Delta State Local Government Law, 1999 on full time basis and became entitled to salaries, allowances etc under the Delta State Remuneration, Salaries and Allowances, Gratuities and Pension of Certain Public Offices and Bodies Law, 2000.

On 18th April, 2005 th…

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