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CHIEF ENUKORA JOE OKOLI V. NIGERIA SOCIAL INSURANCE TRUST FUND MANAGEMENT BOARD & ANOR

(2016) JELR 40831 (CA)

Court of Appeal  •  CA/A/417/2011  •  21 Dec 2016  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; TINUADE AKOMOLAFE-WILSON JCA; TANI YUSUF HASSAN JCA;

Appearances
Abdulaziz Ibrahim, Esq. with E.E. Samuel, Esq., M. Buaza, Esq. and Mrs. Duana Davids For Appellant Olumuyiwa Akinboro, (SAN) with him, Boniface Bassey, Esq., Joseph Ameh, Esq., Kenneth Iweka, Esq., Tunde Arowolo, Esq., Oluwafe, Esq., Okunbo, Esq. and Christopher Iloka, Esq. - for the 1st Respondent. Dr. G.O.A. Ogunyomi with him, Ifeanyi P. Ndumnego, Esq. and Francis Genesis, Esq. - for the 2nd Respondent. For Respondent

Judgement

TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court, Abuja, delivered by his lordship, Hon. Justice A. Abdu-Kafarati on the 6th April, 2011 wherein the learned trial judge struck out the suit on the ground that it was instituted outside the three months period stipulated by the Public Officer Protection Act and therefore statute barred.

The brief facts of the case are that the appellant was the Managing Director and Chief Executive Officer of the Nigeria Social Insurance Trust Fund and also double as the chairman of the Board of Trust Fund Pensions plc, a company registered under the Companies and Allied Matters Act. The appellant's term of office was for four years beginning from 18th February, 2007.

On the 2nd of September, 2009, a petition was written by the Finance and General Purpose Committee of Trust Fund Pension plc to the Chairman of the Nigeria Social Insurance Trust Fund (NSITF) wherein, allegation…

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