I agree entirely with the Court below that in the absence of an Appeal against the ruling of the trial Court delivered on 20/12/2005, the orders made therein are valid and subsisting. The foundation of the appellant's motion for default judgment was the existence of a competent suit with parties properly before the Court. The service of originating processes on parties who ought to be served is indispensable in any adjudication. Failure to serve a process where service is required is so fundamental that the party not served and against whom any order is made in his absence is entitled to have the order set aside on the ground that a condition precedent to the exercise of jurisdiction by the Court has not been fulfilled. See: Obimonure Vs Erinosho (1966) 1 ALL NLR 250; Kida Vs Ogunmola (2006) 6 SCNJ 165 @ 174; National Bank of Nigeria Ltd. Vs Guthrie Nig. Ltd. & Anor. (1993) 3 NWLR (Pt.284) 643; Ihedioha & Anor. Vs Okorocha & Ors. (2015) LPELR-40837 (SC) @ 69 – 70 B -A.
The two conditions which must exist before a person can avail himself of the protection provided by Section 2 of the Public Officers Protection Law are – (1) The person must be a public officer. (2) The act done by the person in respect of which the action was commenced was an act done in pursuance or execution or intended execution of a law or public duty or authority. See CBN V. OKOJIE(2004) 10 NWLR PT. 882 PG. 488. Can the Respondents have a cover under this law?