The plaintiff, who brings and prosecutes this action by her next friend BENADETH ALIRI, is a native of and resident at Umudim Ohekelem Ngor Okpala, Owerri within the jurisdiction of this court. As at the day of the incident-giving rise to this suit, the plaintiff was a Primary Five pupil of Community Primary School, Ohekelem. She was then aged eleven (11) years. The 1st Defendant was at the date of the incident subject-matter of this Suit, a teacher at the said Community Primary School, Ohekelem. The 1st Defendant is a teacher under the employment, discipline and control of the second and third defendants at all times and on all dates material to this suit and was deployed by the 2nd and 3rd Defendants as a teacher in the said Community Primary School, Ohekelem.

On or about the 2nd day of December 1985, the plaintiff as a pupil of the said Community Primary School, Ohekelem, a school under the control and management of the 2nd and 3rd defendants, reported for classes. She was a pupil in class 5 of the said school. Her class teacher was the 1st defendant who was employed by the 2nd and 3rd defendants and deployed to the said school and was in the employment of the said 2nd and 3rd defendants on the said date.

On the said date, there was an incident of theft in nearby a Palm produce Depot. The thief was caught and was being beaten up by irate members of the public who gathered as soon as he was caught. The 1st defendant instructed his class pupils, including the plaintiff to go and see how thieves are treated so as to learn a lesson therefrom. The plaintiff together with other pupils in the class obliged and went to the said depot.

Soon after the bell rang for resumption of classes and all the pupils, including the plaintiff began to run back towards the class. Suddenly, the 1st defendant picked a cane and began to flog the pupils as they ran into the classroom.

As the plaintiff attempted to run into the classroom the 1st defendant aimed at her face and discharged his cane right across the face of the plaintiff. The cane landed on the plaintiff’s left eye and the plaintiff cried out in pain and anguish. The plaintiff lost balance and collapsed on the floor. The 1st defendant ignored the cries of the plaintiff and continued to flog the other pupils.

On the 12th day of April 1988, the 1st Defendant filed a motion on Notice under Order 29 Rules 1 and 2 of the High Court Rules of Eastern Nigeria then applicable to Imo State, praying the court to dismiss the plaintiff’s claim on the grounds:

“That the action instituted by the Plaintiff/respondent against the first Defendant/Applicant is a nullity as it is statutorily time-barred under Section 2 of the Public officers protection Law, Cap.106. Law of Eastern Nigeria, 1963 as applicable to Imo State.”

The plaintiff/respondent filed a counter-affidavit and opposed the motion.

The learned trial Judge held that the appellant is a public officer but that the appellant/applicant’s action in causing permanent injury to the left eye of the respondent is a felonious act which disentitled the appellant/applicant to the protection afforded public officers by the Public Officers Protection Law, Cap. 106. He accordingly dismissed the application and ordered the appellant/applicant to file his statement of defence within twenty one days of the said ruling.

Dissatisfied with the ruling the appellant appealed to the Court of Appeal which unanimously agreed with the decision and order of the trial court and dismissed the appeal.