Public Officer

For Section 2 (a) of the Public Officers (Protection) Law to avail any person, two conditions must be satisfied:-
(1) It must be established that the person against whom the action is commenced is a public officer or a person acting in the execution of public duties within the meaning of that law.
(2) The act done by the person is in pursuance or execution of any law, public duty or authority or in respect of an
alleged neglect or default in the execution of any such law, duty or authority.

The Black's law Dictionary, 9th Edition at page 1351 defines Public Office as a position whose occupant has legal authority to exercise a government sovereign power for a fixed period. An officer is defined by the same dictionary at page 1193 as follows: –
"A person who holds an office of trust, authority or command. In public affairs, the term refers especially to a person holding public office under a national, state, or local government and authorized by that government to exercise some specific function."

Generally, the scope and applicability of the Public Officers Protection Act was discussed in the case of KWARA STATE PILGRIMS WELFARE BOARD V. BABA (2018) LPELR-43912(SC) and Section 2(a) of the Public Officers Protection Act provides as follows: – “2.
Where any action, prosecution or other proceeding is commenced against any person for any act done in pursuance of execution or intended execution of any Law or of any public duty or authority or in respect of any alleged neglect or default in the execution of any such Law, duty or authority, the following provision shall have effect: (a) The action, prosecution or proceeding shall not lie or be instituted unless it is commenced within three months next after the act, neglect or default complained of, or in case of continuance of damage or injury, within three months next after the ceasing thereof…” In HASSAN V.
ALIYU (2010) 17 NWLR (PT. 1223) 547 AT 591 the apex Court while considering the scope of Section 2(a) of the Public Officers Protection Act, 1990, said: – “It is however correct that where a public officer acts outside the scope of his authority or without a semblance of legal jurisdiction, he cannot claim the protection of the provisions of the public officers Protection Act.” The facts to be produced must exist to enable the Court find the absence of semblance of legal jurisdiction, otherwise, once it is established that the action was instituted outside the statutory period of three months, the action is time barred and the Court will have no jurisdiction to entertain same.
It is in essence a limitation provision with the same effect as a limitation Law. PER NIMPAR, J.C.A.