The Statute of Limitations Law in Nigeria

Generally a statute of limitations is a law that stipulates the time frame within which an individual can initiate legal proceedings over any particular issue.

The main aim of having a limitation law is to ensure that all claims are promptly and diligently presented while the evidence in support of the claim or defence to the claims are available and the memories of any witnesses are still fresh.

The statute of limitations varies for different matters, certain criminal offences have statute of limitations attached to them and if legal proceedings are initiated in order to prosecute the offender after the required time frame a proper defense to raise in challenging such an action would be to state that such proceedings were time barred because the courts no longer have jurisdiction over such matters, this would also apply for civil suits. This does not apply to all crimes as most crimes for example murder are not covered by any statute of limitations and an individual can be prosecuted at any time.

Under international law, war crimes, genocide and crimes against humanity have no statute of limitations, according to the Convention of the Non Applicability of Statutory Limitations to War crimes and Crimes against Humanity and Article 29 of the Rome Statute of the International Criminal Court, crimes against humanity are not covered by any statute of limitations.

Legal Claims and Limitation Periods in Nigeria

There are different limitation periods for different claims and they include the following:

• Action based on any legal instrument under seal, especially when such legal instrument relates to an interest or charge on land, or the enforcement of an arbitration award where the arbitration agreement is under seal, or the judgment of a competent court of law, or the arrears of an annuity charged on an immovable property etc, must be commenced within a period of twelve (12) years from the period when the cause of action arose or judgment was entered.
• Action based upon simple contracts, recovery of debt and arrears of interest, including tortuous malfeasance which includes damages for negligence or breach of duty of care etc, must be commenced within a period of six (6) years from the occurance of the breach, injury or damage

Limitation periods for other matters include:

1. Twelve (12) years to make any claim arising from a deceased person personal estate.
2. Two (2) years to recover any damages from concurrent wrongdoers under any civil enactment.
3. Three (3) months for any action against Public Officers.

Conclusion

It is advisable that in other for an individual seeking redress under the law not to loose his/her right of claim, such individuals must institute and seek timely legal action.

Note: This article is for informational purposes only and does not constitute legal advice. Please consult with a qualified lawyer from the link provided below

Regents & Regal Solicitors and Advocates