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AN ACTION IS STATUTE BARRED WHERE BROUGHT OUTSIDE THE TIME ALLOWED

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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)