CHAPTER ONE
1.1 Background To The Study
Public Officers Protection Act/Laws
The Public Officer Protection Act
“provide for the protection against actions of persons acting in the
execution of public duties”, and commenced as a colonial Ordinance on
21st September 1916. The English Public Authorities Protection Act of
1893 was the source of the public officers protection Act which was
applied to Nigeria as a statute of general application until it was
repealed by the Public Officers Protection Act 1916.4 The provisions of
them Public Officer’s Protection Act are the same with that of the
Public Authorities Protection Act of 1893. The idea of limiting the time
within which to sue public officers for acts done in the discharge of
their public duties or responsibilities predates our colonial history.
It dates back to the feudal era in English history when the divine right
of the king was in full force.5 Gradually, the king waived his
privilege of giving consent to have his officers sued. By the end of the
15th century, the idea that the king’s agent could be held liable was
beginning to be recognized. Two hundred years later, the doctrine to the
effect that the king’s command affords no immunity to officers of the
king developed. High officers of the state and all their subordinates
must answer before the ordinary law for any wrong act committed by them.
Initially no time limit was required for instituting an action against a
public officer but later on, a statute of limitation dealing with
common law actions was enacted in 1623. Also, there were protective
provisions otherwise known as the special protections requiring notice
of action within a limited time and imposing a period of limitation for
bringing an action after the accrual of the cause of action against a
public authority or officer. The purpose of the notice was to give the
defendants an opportunity to tender amends. In 1893, these special
protections, especially those relating to periods of limitation were
consolidated in the Public Authorities Protection Act
- of 1893.6 This statute was made applicable to Nigeria as a statute
of general application until it was repealed by the enactment of the
Public Officers Protection Act of 1916. However, the 1916 Act adopted
verbatim the provisions of section 1 of the English Act of 1893. The
comparative jurisprudence on the material difference between the two
Acts as construed by the courts has always been until recently,7 that
while the purpose of the English Act was to protect public authorities
in their corporate personality when engaged in the discharge of public
responsibilities imposed by the
parliament,8 the Nigerian Act is aimed at protecting public officers in the discharge of their duties.
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1.2 Statement of the Problem
The evolution of the Public Officers
Protection Act was not backed with wrong intentions and objectives. As
it implies, the Public Officer Protection Act “provide for the
protection against actions of persons acting in the execution of public
duties”, and commenced as a colonial Ordinance on 21st September 1916.
The English Public Authorities Protection Act of 1893 was the source of
the public officers protection Act which was applied to Nigeria as a
statute of general application until it was repealed by the Public
Officers Protection Act 1916.The provisions of them Public Officer’s
Protection Act are the same with that of the Public Authorities
Protection Act of 1893. The idea of limiting the time within which to
sue.The many reported cases of misconduct and crimes alledgedly
committed by public officials under the act evoked public outcry over
the Act. Consequently The Nigerian Law Reform Commission submitted the
Proposed Bill for the Repeal of the Public Officer Protection Act
through the Committee for the Review and Reform of the Laws of the
Federal Republic of Nigeria set up by the Honourable Speaker, the Report
(including Proposed Bills) was submitted to the Hourable Speaker,
Dogara, on November 12, 2015.The problem confronting the research is to
proffer A Critical Comparative Review of Public Officers Protection Act .
1.3 Objectives of the Study
To proffer a Critical Comparative Review of Public Officers Protection Act
The Public Officer Protection Act
“provide for the protection against actions of persons acting in the
execution of public duties”, and commenced as a colonial Ordinance on
21st September 1916. The English Public Authorities Protection Act of
1893 was the source of the public officers protection Act which was
applied to Nigeria as a statute of general application until it was
repealed by the Public Officers Protection Act 1916. Public Officer’s
Protection Act are the same with that of the Public Authorities
Protection Act of 1893.
1.4 Research Questions
What is the Public Officers Protection Act?
What is the impact of the Public Officers Protection Act?
1.5 Significance of the Study
The study shall proffer A Critical Comparative Review of Public Officers Protection Act
1.6 Research Hypothesis-Not necessary
1.7 Scope of the Study
The study focuses on the Critical Comparative Review of Public Officers Protection Act
1.8 Limitations of the Study
The study was confronted by some constraints including logistics and geographical factor.
1.9 Definition of Terms
2 Public Officers Protection Act/Laws
3 The Public Officer Protection
Act “provide for the protection against actions of persons acting in the
execution of public duties”, and commenced as a colonial Ordinance on
21st September 1916. The English Public Authorities Protection Act of
1893 was the source of the public officers protection Act which was
applied to Nigeria as a statute of general application until it was
repealed by the Public Officers Protection Act 1916.4 The provisions of
them Public Officer’s Protection Act are the same with that of the
Public Authorities Protection Act of 1893