The Presiding Judge of the Ibadan Judicial Division of the National Industrial Court of Nigeria, Hon. Justice Dele Peters, has thrown out a lawsuit filed by Bankole against the Oyo State Universal Basic Education Board and the Attorney General of Oyo State, ruling that the case was filed too late under the law.
The Court held that Bankole initiated the suit outside the five-year limitation period stipulated by the Limitation Law of Oyo State, thereby stripping the Court of the jurisdiction needed to hear the matter.
According to the facts presented, Bankole was employed in 1994 as a Personnel Assistant II and eventually rose to the position of Finance Officer at the Oluyole Local Government Universal Basic Education Authority.
He explained that in July 2017, he received a query along with a suspension letter. After responding and appearing before a disciplinary panel, he was ultimately dismissed from service later that same year.
In response, the Defendants argued that the case was statute-barred, emphasizing that the cause of action arose in August 2017 when Bankole was dismissed. However, the suit was not filed until September 2024—well beyond the five-year legal window—thus invalidating his right to seek redress.
Notably, Bankole’s counsel failed to submit a written address on the issue of jurisdiction, despite being directed by the Court to do so.
In his ruling, Justice Peters stressed that jurisdiction is fundamental to any legal proceeding, noting that once a Court lacks it, any further action becomes meaningless.
He further cited Section 18 of the Limitation Law of Oyo State, which mandates that contract-related cases must be filed within five years from when the issue arose.
The Court concluded that Bankole exceeded this timeframe by nearly two years, making his claim legally invalid.
In a firm pronouncement, Justice Peters stated that actions filed outside the limitation period are considered “barren, sterile, and incompetent,” leaving the Court powerless to grant any relief.
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