INTRODUCTION
The right to institute an action in court does not last
forever, most especially in civil matters. Matters must be brought before the
court within a given period of time as prescribed by the law, or else the right
ceased to exist.
However, with criminal cases, it can be reasonably argued
that Statue of limitation law does not apply save where the law provides
otherwise. Capital offences like murder can be prosecuted anytime
notwithstanding the time the offence was committed. It is reasonably expected that
criminal cases are to be prosecuted within a reasonable period of time for
obvious reasons that would later be discussed in this article.
STATUTE OF LIMITATION
Limitation laws by their nature are statutes which prescribe
a specified timeline within which an action may be filed. In other words,
Limitation laws of various states in Nigeria prescribed a period of time within
which a claimant can sue the defendant in court or a time frame within which a
person can enforce his right in court. Actions instituted outside the
prescribed period becomes statute barred.
It was aptly held in the case of Aremo 11 vs. Adekanye (2004) 13 NWLR (Pt891)572 at 592-593
that a claimant who might otherwise have
had a cause of action loses the right to ventilate it by judicial process once
the period of the time laid down by the limitation laws for instituting such
action has elapsed. The rationale or justification supporting the existence of
statutes of limitation includes the following:
a. long dormant claims have more of cruelty than justice in
them;
b. a defendant might have lost the evidence to disapprove a
stale claim;
c. persons with good causes of action should pursue them with
reasonable diligence and
d. to obviate the inconvenience and embarrassment to
defendants who may have been led to change their status due to the inordinate
delay in filing the action.
The above are the reasons and justifications for the claimant
to bring its case within a given period of time. For it is a public policy that
an unlimited and perpetual threat of litigation leads to disorder, confusion,
uncertainty and creates an anxiety, agitation and insecurity.
The above was judicially recognized by the Court of Appeal in
the case of Wema Bank plc vs. Alhaji
Adisatu Owosho (2018) LPELR-43857 (CA)
that ‘legal rights are not perpetual and should not last for eternity
for the public good and freedom from perpetual threat and harassment of legal
actions’
The doctrine that no lapse of time bars the King (nullum
tempus occurrit regi) has prevailed in
England to the extent that there are relatively few statutes imposing time
limitations on criminal prosecutions in English law. It can be reasonably
argued that the Nigerian position is not different from that of the English
law.
The major crimes that are subject to a limitation in Nigeria are Treason , Sedition and defilement
of girls under thirteen 2, six and
two months years generally within which
a prosecution can begin as provided in
sections 43 and 51 of the Criminal Code respectively.
Apparently no authoritative discussions exist as to why the
use of criminal
Statute of limitations is so restricted in Nigeria.
Conclusion
Assuming but not
conceding the fact the that Limitation Statute does not apply to Criminal
matters, it has been argued from some quarters that the limitation period
starts counting from when the offence was discovered to have been committed and
not when the offence was actually
committed. It is advisable that
prosecution of an offence should begin as soon as practicably possible when it
is discovered that an offence has been allegedly committed. This would prevent
a situation whereby a suspect will escape justice.
References
Covid 19 and the new normal
A case for freezing of Limitation Laws. Downloaded from Banwo &
Ighodalo.
30th, April, 2021.