ABUJA – Justice Ebeye Isele of the National Industrial Court, Abuja, on Tuesday fixed May 25 for hearing in a suit against Joint Admissions and Matriculation Board (JAMB) over termination of employment.
The claimant, Mr. Cletus Uloko, through his counsel, Ifeanyi Chukwu, had filed the suit on Jan. 29 over unlawful termination of his appointment in October 2013.
He is seeking for a declaration that the purported termination of his appointment was unlawful, illegal and not in accordance with the provisions of the Public Service Rules.
Uloko wants an order reinstating him immediately as a staff and payment of all his salaries in arrears, allowances and emolument.
In addition, he is demanding the sum of N25 million as general damages and N250, 000 for the prosecution of the case.
The defence counsel, Mr. Sunday Adeagbo, in his argument on the notice of preliminary objections, said the court should disregard the suit because it was statute-barred.
Adeagbo said that the defendants were public officers and were entitled to the provisions of Section 2A of the Public Officers Protection Act of 2004.
According to him, when an action was statute-barred, the action loses the right to enforce the cause of action by judicial process because the period of limitation had lapsed.
Adeagbo said the claimant was supposed to make a complaint within three months after his appointment was terminated, but he waited for over two years before instituting the suit.
“The law is elementary that when an action is statute-barred, the action loses the right to enforce the cause of action by judicial process because the period of limitation had lapsed.
“When a statute of limitation prescribes a period within which an action must be initiated, legal proceedings cannot be properly and validly instituted after the expiration of the prescribed period,” he said.
The claimant’s counsel, in his reply, said that the court should discountenance the preliminary objection raised by the defence counsel.
Chukwu said the claimant was not just relaxing after his termination.
He said there were provisions for appeal in the JAMB employment condition and the claimant needed to exhaust it before coming to court.
Chukwu said there were exceptions to the three months limitation period to commence action against a public officer, urging the court to discountenance the application.
“There are, however, exceptions to the three months limitation period for commencement of action against public officers.
“These exceptions are for instance, where a public officer fails to act in good faith, or acts in abuse of office, or maliciously, or with no semblance of legal jurisdiction.’’
The case was adjourned to May 25 for further hearing