The Presiding Judge, Ibadan Judicial Division of the National Industrial Court of Nigeria, Hon. Justice Dele Peters, has dismissed the suit filed by one Bankole against the Oyo State Universal Basic Education Board and the Attorney General of Oyo State, challenging his summary dismissal from service for being statute-barred.
Justice Peters held that Bankole commenced the action outside the five-year limitation period prescribed under the Limitation Law of Oyo State, and that the Court therefore lacks jurisdiction to entertain the suit.
From facts, the Claimant, Bankole, had submitted that he was employed in 1994 as a Personnel Assistant II and later rose to the position of Finance Officer at the Oluyole Local Government Universal Basic Education Authority under the Oyo State Universal Basic Education Board.
Mr Bankole further stated that he received a query accompanied by suspension through a letter dated July 2017, responded and appeared before a panel, before he was eventually dismissed from service through a letter.
In defence, the Defendants – Oyo State Universal Basic Education Board and the Attorney General of Oyo State submitted that the suit filed by Bankole is statute-barred under the Limitation Law of Oyo State, and hence Bankole lost his right to seek judicial redress.
Counsel argued that the cause of action arose in August 2017 when Bankole was dismissed from service, while the present action was instituted in September 2024, which is clearly outside the five years allowed by law for instituting such actions, and urged the Court to dismiss the suit.
In opposition, counsel to Bankole did not file any written address despite the directive of the Court that parties should address it on the issue of jurisdiction.
In a well-considered ruling after examining the processes before it, Hon. Justice Dele Peters stated that jurisdiction is the legal capacity of a Court to adjudicate over a matter and that where a Court lacks jurisdiction, any effort made in the determination of the matter becomes an exercise in futility.
The Court further held that Section 18 of the Limitation Law of Oyo State provides that actions founded on contract must be brought within five years from the date the cause of action accrued.
Justice Peters held that Bankole had five years within which to approach the Court, but waited for about seven years before filing the present action, thereby bringing the suit outside the limitation period allowed by law.
“The cause of action of the Claimant arose in 2017. Claimant has 5 years within which to seek judicial intervention. For reasons best known to him, his Counsel, or both, he waited for about 7 years before approaching this Court for intervention. This action is barred by the statute and unfortunately this Court cannot help the Claimant. The effect of an action that is statute barred is that it renders the action barren, sterile, incompetent and the Court is robbed of the exercise of its judicial powers.” The Court ruled.
