The Statute of Limitation in Nigeria plays a critical role in civil litigation by setting a legal time frame within which lawsuits must be filed. Once the prescribed time elapses, the claim becomes statute-barred, and courts will refuse to hear the case.
However, Nigerian law recognizes several important exceptions where limitation laws do not apply.
What is a Statute of Limitation?
The Court of Appeal in Adenle & Ors v. Olaleye & Ors (2024) LPELR-62499(CA) defined a statute of limitation as a law that prescribes the specific period within which a lawsuit can be filed. According to the Court:
“It is a basic principle of law that a limitation law removes the right of action or right to judicial relief and leaves the Plaintiff with a bare and empty cause of action which he cannot enforce if such cause of action is statute barred.”
This means that a claimant may still have a valid grievance, but if the legal action is not filed within the timeframe stipulated by law, the courts will refuse to entertain the case.
When Does Time Start Running?
Time begins to run from the date the cause of action accrues—that is, the day the facts giving rise to the claim happened. The Court in Aiylewumi & Ors v. Owoniya & Ors (2021) LPELR-54565(CA) stated:
“The basic is to determine the precise date that the cause of action accrued because it is from then that the time will start to run.”
Legal Consequences of Filing Outside the Limitation Period
In Folarin v. Agusto (2023) LPELR-59945(SC), the Supreme Court reiterated that once a court finds that an action is caught by the statute of limitation, the plaintiff loses the right to enforce the claim through a judicial process. Simply put, the court will strike out or dismiss the suit for being statute-barred.
Similarly, the Court of Appeal in Aiylewumi & Ors v. Owoniya & Ors (2021) LPELR-54565(CA) emphasized that:
“A limitation statute sets out clearly the time frame within which an action must be brought… The purpose is to require diligent prosecution of known claims, providing finality and ensuring claims are resolved while evidence is fresh and available.”
When Limitation Laws Do Not Apply: Recognized Exceptions
Despite the general rule, Nigerian courts recognize several statutory and judicial exceptions to limitation periods.
1. No Cause of Action, No Limitation
In APC v. Maggaji & Ors (2022) LPELR-59247(CA):
“Where there is no cause of action, there can be no limitation of time… Limitation time can only run for the filing or commencement of a legally recognizable cause of action.”
2. Public Officers Acting Outside Their Legal Authority
Both NCS Board v. Ijachi (2024) LPELR-62285(CA) and Okolie & Ors v. INEC (2017) LPELR-43405(CA) highlight that public officers or government agencies acting outside the scope of their statutory duties cannot rely on limitation laws for protection.
In Okolie v. INEC, the Court held that:
“INEC’s suppression of the Aniocha North II State Constituency… was clearly not in execution of its statutory duties and the respondent cannot plead the limitation law as its defence.”
This principle applies broadly to government agencies acting unlawfully or beyond their legal mandate.
3. Fraud and Concealment
The Court in Thompson v. Ukotang & Ors (2016) LPELR-42050(CA) ruled:
“Where a cause of action is based on fraud or the right of action is concealed by fraud, the limitation period does not commence until the fraud is or could reasonably have been discovered.”
4. Disability: Infancy or Unsoundness of Mind
Again, in Thompson v. Ukotang, the Court held that limitation does not run while a claimant is:
A minor (infancy) Of unsound mind
Time starts running only when the disability ceases.
5. Continuing Damage or Injury
In NCS Board v. Ijachi, the Court affirmed that where the injury or damage continues over time, the limitation clock does not start until the wrongful act ceases.
6. Pension and Retirement Benefits
Claims for pensions and other benefits under the Pension Reform Act 2014 are excluded from limitation periods. Section 107(4) of the Act provides:
“No limitation of time shall apply to actions for the recovery of contributions, penalties, and other benefits under this Act.”
7. Burden of Proof in Limitation Defense
In Ekeoparah v. Governor of Lagos State & Ors (2019) LPELR-50716(CA), the Court held:
“Where the defendant alleges that the claim is statute-barred, the burden is on the defendant to prove that the cause of action arose outside the limitation period.”
These exceptions help prevent injustice in cases where applying limitation laws would allow lawlessness or constitutional breaches to go unchallenged.
Is the Statute of Limitation Unjust?
Some litigants often argue that limitation laws deny them justice on mere technicalities. However, the courts have firmly rejected this notion. In FMC Corporation & Anor v. SCOA Petroleum Services Ltd & Ors (2015) LPELR-40883(CA), the Court of Appeal held that limitation laws are neither unjust nor unconstitutional unless they are shown to conflict with the Constitution itself.
The Court stated:
“A statute of limitation does vibrant, consistent, and substantial justice and not technical justice.”
Common Limitation Periods in Nigeria
Below are some of the commonly applicable limitation periods under Nigerian law:
- Contract (Simple Contract):
The limitation period for actions founded on simple contracts is 6 years from the date the cause of action arose. This includes debt recovery, breach of contract, and other contractual claims.
- Tort (e.g., Negligence, Trespass, Defamation):
Actions founded on torts, such as negligence, trespass, or defamation, generally have a 6-year limitation period.
- Actions to Recover Land:
For suits seeking to recover possession of land, the limitation period is 12 years from the date the right of action accrued.
- Enforcement of Judgments:
The law allows a party to enforce a court judgment within 12 years from the date the judgment was delivered.
- Recovery of Rent Arrears:
For claims relating to arrears of rent, the limitation period is 6 years.
- Actions Against Public Officers (Government Ministries, Police, etc.):
Actions against public officers for anything done in the discharge of their duties must generally be commenced within 3 months from the date the cause of action arose. This is governed by the Public Officers Protection Act or similar state laws.
- Personal Injury or Death Claims (in Tort):
Actions for damages for personal injury or death must generally be filed within 3 years, though this may extend to 6 years in some states depending on the applicable state law.
- Actions for Recovery of Penalty or Forfeiture:
Where the action is for recovery of a penalty or forfeiture, the limitation period is 2 years.
- Actions Relating to Trust Property (Against Trustees):
There is no limitation period for actions arising from fraud by a trustee or for claims where the trustee has retained property in breach of trust.
These limitation periods are based on the Limitation Act, Cap L14 LFN 2004 (applicable in the FCT) and the respective State Limitation Laws, which may have slight variations.
Why Observing Limitation Periods Matters
Failing to file your case within the applicable limitation period can result in outright dismissal, no matter how strong your case may appear. This is why parties are strongly advised to seek legal advice early when a cause of action arises.
Final Word
Limitation laws in Nigeria are strict and leave no room for sentimental arguments. Courts are bound to apply them once raised, regardless of the merits of the case. The guiding principle is that justice delayed is often justice denied—not just to the claimant but also to the defendant who deserves closure after a reasonable period.
If you believe you may have a claim but are unsure whether it is still within time, it’s important to speak to a qualified legal practitioner as soon as possible.
Disclaimer:
This blog post is for general informational purposes only and does not constitute legal advice. While efforts have been made to ensure the accuracy of the information presented, readers are advised to consult a qualified legal practitioner for advice specific to their circumstances. Reliance on any information contained herein is solely at the reader’s own risk.