Statutes of Limitations in Nigeria: A Comprehensive Guide
Introduction
Before taking ;legal action, it is crucial to understand the statutes of limitations in Nigeria as different types of action are subject to specific timeframes. A statute of limitations is a legal term that defines the period within which a lawsuit must be filed. Once this period has elapsed, the lawsuit will no longer be allowed to be filed after the time frame allowed by any statute of limitations has elapsed because it will then be illegal. The statutes of limitations (where applicable) invalidates a person’s right to seek legal redress.
The statutes of limitations in Nigeria serves to prevent a situation where a plaintiff can delay taking action indefinitely. It ensures that litigation occurs in a timely manner, fostering fairness and efficiency. In simple terms, the law does not allow a plaintiff to “sleep on their rights” indefinitely. Putting it in another language, by the Statutes of limitation, a plaintiff has not the freedom of the air to sleep or slumber and wake up at his own time to commence an action against a defendant.
The different Statutes of Limitation which are essentially founded on the principles of equity and fair play will not avail such a sleeping or slumbering plaintiff. He will be stopped from commencing the action and that is a just and fair situation. A limitation is necessary to make sure that all claims are made promptly and carefully while the witness’s memory is still intact, and the evidence is still available.
A defendant, therefore has the right to invoke the statute of limitations as a defense if the plaintiff attempts to file an action after the prescribed period. This ensures that the legal system is not burdened by cases where the passage of time has made it difficult to ascertain the truth.
Types of Limitations of Action
Nigeria’s legal landscape recognizes several distinct categories of limitations of action, each with its own specific timeframes. These include:
- Personal Injury and Death Claims: These claims, arising from physical harm or loss of life, typically have relatively shorter limitation periods. The precise time frame varies depending on the nature of the injury, the applicable statute, and any relevant legal doctrines.
- Contractual Claims: Breach of contract disputes are subject to specific limitations. The time period may be outlined in the contract itself or governed by general statutory provisions. In the absence of contractual terms, the default limitation period for contractual claims in Nigeria is generally six years.
- Property Claims: Disputes concerning ownership, possession, or use of property have their own set of limitations. The time frame can vary depending on the nature of the property, the legal basis of the claim, and any applicable prescriptive periods.
- Tort Claims: Torts, which are civil wrongs committed by one person against another, often have limitations similar to personal injury claims. However, specific types of torts may have their own unique timeframes.
- Criminal Proceedings: While the limitations for criminal proceedings are generally longer than for civil matters, there are certain exceptions and considerations. The prosecution may face challenges in proving a case if a substantial amount of time has elapsed since the alleged crime.
Factors Affecting the Limitation Period
Several factors can influence the specific time frame within which a lawsuit must be filed. These include:
- Nature of the Claim: Different types of claims have varying limitations, reflecting the unique characteristics of each legal dispute.
- Applicable Statute: The relevant statute governing the claim will determine the precise time period.
- Date of Accrual: The limitation period typically begins to run from the date the claim “accrues,” which generally occurs when the plaintiff becomes aware of the injury or loss.
- Tolling of the Statute: In certain circumstances, the statutes of limitations may be “tolled,” temporarily pausing its operation. This can happen, for example, if the plaintiff is a minor or is mentally incapacitated.
Claims and Limitation Periods in Lagos and Abuja
The statutes of limitations inNigeria differ slightly between jurisdictions. For example, Lagos and Abuja have specific rules governing different types of legal claims:
- Simple contract actions: 6 years.
- Negligence claims: 3 years.
- Slander claims: 3 years.
- Actions on instruments under seal: 12 years.
- State authority recovery of land: 20 years (twelve years in Abuja by virtue of section 15 of the Limitation Law).
- Actions for recovery of land (Individual): It must be commenced within 12 (twelve) years.
- Actions against public officers: 3 months.
- Political cases: Pursuant to the Section 2 (9) of the 1999 Constitution of the Federal Republic of Nigeria (Fourth Alteration), “every pre-election matter shall be filed not later than 14 days from the date of the occurrence of the event, decision or action complained of in the suit”. Consequent to the above provision of the Constitution, any lawsuit in respect of pre-election matters must be filed within 14 days of such event or act. An appeal from pre-election matter shall be filed within 14 days from the date of delivery of judgement in accordance with Section 2 (11) of the 1999 Constitution of the Federal Republic of Nigeria (Fourth Alteration). Furthermore, by virtue of Section 285 (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended): “an action petition shall be filed within 21days after the date of the declaration of result of the elections”. By virtue of the above provisions of law, any election petition not filed 14 days after the declaration of result shall become statute-barred; it implies it can no longer be filed again.
- Election petitions: The Section 285 (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) further provides that an appeal arising from the decision of any Election Tribunal shall also be filed, heard and disposed of within 60 days from the date of the delivery of the judgement of the tribunal or Court of Appeal.
Exceptions to the Rule of Claims and limitation Periods
Although statutes of limitations in Nigeria are generally rigid, certain exceptions apply, as recognized in the case of Aremo Ii v. Adehenye (2004) 42 WRN 1 at 21, that: “Legal principles are not always inflexible. Sometimes they admit of certain exceptions. The Law of Limitation of action recognizes some exception, Thus, where there has been continuance of the damage, a fresh case of action arises from time to time as often as damage is caused…”
The most common exceptions to the limitation periods are:
- Fraud cases, where the limitation period may be extended.
- Mistakes or errors, that affect the case.
- Involvement of minors at the time the cause of action arose.
- Cases involving parties unsound mind when the limitation period commenced.
- Customary law cases, which may have distinct rules regarding limitation periods.
Importance of Adhering to Statutes of Limitations
Failure to comply with the statutes of limitations in Nigeria can have serious consequences. A claim that is not filed within the prescribed timeframe may result in the plaintiff being barred from pursuing legal remedies. This can result in significant financial loss, emotional distress, and the denial of justice. Therefore, it is essential to be aware of the applicable limitations and to take timely action to protect one’s legal rights.
Conclusion
Statutes of limitations in Nigeria are an integral part of the legal system, balancing fairness, efficiency, and the integrity of the judicial process. While they prevent endless delays in legal proceedings, they also pose challenges for litigants seeking justice who may not be aware of the time constraints. By understanding these limitations and acting promptly, individuals can navigate the legal landscape more effectively. Collaborating with legal professionals ensures that your case is filed within the appropriate timeframe, maximizing the chances of a favorable outcome.
References
- Mercantile Bank of Nig. Plc. v. FETECO (Nig) Ltd.* (1998) 2 NWLR (PT. 540) 143 at 156-157, Tobi JCA
- INEC v. Ogbadibo Local Government & Ors (2015) LPELR-24839 (SC),
- Section 7 Limitation Act, Abuja and Section 8(1)(a) Limitation Law, Lagos.
- Section 8(1), Limitation Act, Abuja and Section 9 Limitation Law, Lagos.
- Section 9, Limitation Act, Abuja and Section 10, Limitation Law, Lagos
- Section 11, Limitation Act, Abuja and Section 12, Limitation Law, Lagos
- Section 16, limitation law Lagos
- Section 15 Limitation Act Abuja.
- Section 2(a) Public Officers Protection Act
- LIMITATION OF ACTIONS IN NIGERIA (resolutionlawng.com)
