Instant SSL

Okoye Chukwudi J

Okoye Chukwudi J

HELD:

"It is to be noted that abuse of office and bad faith have been held to be factors that would deprive a public officer of protection under the law.

HELD:

"In a recent decision of this Court in Sani Vs The President FRN & ANOR (2020) LPELR-50990 (SC) @ 6-7 F-A and 8-9 A-A, per Nweze, JSC, the purport of Section 2 of the Public Officers Protection Act (which provisions are in pari materia with Section 2(a) of the POPL), was further explained thus:

HELD:

"In Amadi & Anor vs INEC (2012) LPELR-7831 (SC) @ 31-32 D-E, it was held that the essence of a limitation law is that the legal right to enforce an action is not a right in perpetuity but a right generally limited by statute.

HELD:

"The effect of a limitation law was elucidated in the case ofEgbe Vs Adefarasin (1987) 1 NWLR (Pt. 47)1; (1987) LPELR- 1032 (SC) @ 33 E-F, per Oputa, JSC, thus:

HELD:

"Fair hearing or lack thereof is not an expression of mere rhetoric or empty verbalism but a fundamental right of a citizen guaranteed in the Constitution, and a breach of which will nullify the proceedings in favour of a victim.

HELD:

"Where an appeal, as in the instant case, is heard on the brief of one of the parties alone, allegation of breach of right to fair hearing must satisfy from the record that the right was indeed breached.

HELD:

"It is a general principle of law that a consequential order is essentially one which would make the principal order effectual and effective.

HELD:

"The problem the Appellant faces in this appeal is that he did not take steps to have the order made on the 3rd of June 2013; that the appeal be heard on the respondent's brief alone, discharged/set aside.

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