MUHAMMED SAIFULLAHI MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Hon. Justice Elelu-Habeeb J. of the State High Court, Ilorin, delivered on 16/05/2005 upholding the preliminary objection filed by the Defendant on the ground of the suit being statute barred. The Plaintiff now Appellant filed an action against the Defendant now Respondent.
A brief review of the facts that gave rise to the litigation will assist in further elucidating the appeal in this matter. The Appellant herein was in the employment of the Respondent herein. He was employed in the Department of Banking and Finance at the Kwara State Polytechnic, Ilorin, as an Editor of one of their magazines.
After some wrangling not unconnected with the cultists clash and after some investigation by the polytechnic authority he was expelled from the college on 5/8/2002 and the expulsion was published on 20th September, 2002.
On 14th day of September, 2004, the Plaintiff challe…