As a result of an alleged misconduct, the appellant, who was an officer in the Nigeria Police, was issued with a query. The appellant did not send an answer to the query because, in his view, it was irregular. Consequently, the respondent compulsorily retired the appellant from the force. The appellant, therefore, instituted an action against the respondent in the High Court, Akure Judicial Division of the Ondo State of Nigeria. His claim against the respondent was as follows:-

Pleadings were subsequently filed and exchanged. The appellant filed a Statement of Claim and the respondent filed a Statement of Defence. The respondent subsequently filed a motion on notice praying that the appellant's claim should be dismissed as it was barred by the Public Officers Protection Act, Cap.168 of the Laws of the Federation, 1958. The learned trial Chief Judge heard the application and upheld it. He dismissed the appellant's claim on the ground that it was brought after a period of three months that the cause of action arose against the respondent. Dissatisfied with the ruling, the appellant has lodged an appeal against the ruling.