DEACON GOKE OJEDIRAN V. THE GOVERNOR OF OYO STATE & ANOR

OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): The appeal in this case is over a decision of the High Court of Oyo State in Suit No. I/753/2003 that the appellant could not maintain his action against the respondents by reason of the limitation period stipulated in the Public Officers Protection Act.

The appellant was the plaintiff in the lower court. His case as gathered from the Amended Statement of Claim before the lower court in summary is this: by a letter dated 30/12/99 he was appointed a full-time member of the Oyo State Independent Electoral Commission. Under the Constitution of the Federal Republic of Nigeria 1999, the tenure of his appointment was a period of 5 years. The Constitution also provided for the way and manner in which he could be removed from office. He accepted the appointment, served as a member of the said Independent Electoral Commission and earned his salary and allowances up to the end of May, 2003. On 1/6/2003, the Governor of Oyo Stat…