| dc.description.abstract | In May, 1999, Nigeria commenced a journey in constitutional governance,
founded on the rule of law. Some of the important, universally validated
elements of the system are an independent judiciary; and the right of all
persons to approach the courts to ventilate their grievance. However, when
a grievance is provoked by an act or omission of the government or a
government agency, such a person is confronted with the Public Officers
Protection Act (POPA) which mandates that the action must be commenced
within a specific period. Obviously, the onerous task of governance
demands some level of protection for government officers in the course of
performance of public duty. However, POPA does not provide that actions
commenced against public bodies or officers should be brought within a
reasonable time. Rather, it requires such actions to be brought within the
shortest possible time; namely, within three months. Using
doctrinal/analytical methodology, this paper argues that POPA is
unconstitutional, as it constitutes an unreasonable and disproportionate
interference with the right of access to court; a right of fundamental
constitutional importance. | en_US |
