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A STATUTE BAR DEFENCE SHOULD BE PLEADED FIRST BEFORE BEING RAISED AS A PRELIMINARY OBJECTION

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In Akingbola v. Intercontinental Bank Plc (2025) 5 NWLR (Pt. 1984) 343 at 407—408, H—A, per Abiru JSC: ‘There are differing opinions on where the issue of statute bar stands on the jurisdiction index of a trial court. However, the dominant position of the law, as stated by the courts, particularly the Supreme Court, and restated over the years, is that limitation law or statute bar is a special defence and if available to the defendant at the time of the action, it must be specifically pleaded before it can be raised in the matter, either by way of a motion or otherwise.’

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AN ACTION IS STATUTE BARRED WHERE BROUGHT OUTSIDE THE TIME ALLOWED

The appellants’ contention is that the above provisions provide for a limitation period after which no application for judicial review can be made or granted. The effect of a statute limiting the period within which certain actions can be brought to Court is that failure to bring the action within the time stipulated by the statute renders the action invalid and the Court without jurisdiction to hear the action or claim. An action or application filed outside the prescribed period is said to be statute-barred. See: Abubakar Vs Michelin Motor Services Ltd. (2020) LPELR-50837 (SC) @ 6 E – G; Egbe Vs Adefarasin (1987) 1 NWLR (Pt.47) 1; Hassan Vs Aliyu (2010) 17 NWLR (Pt.1223) 547.

— K.M.O. Kekere-Ekun JSC. Umeano v. Anaekwe (SC.323/2008, Friday January 28 2022)

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ISSUE OF STATUTE BARRED CHALLENGES COURT JURISDICTION

It is also well established that when a party raises the issue that an action is statute barred, he is no doubt challenging the competence of the Suit and the jurisdiction of the court to entertain it.

– Oseji, JCA. SIFAX v. MIGFO (2015)