statute of limitation

Yes, because, generally speaking, statute of limitation does not apply to criminal proceedings. In so far as the prosecution has witnesses and evidence to prosecute the case, the case can always be tried. However, there are a few exceptions as certain offences have time within which their prosecution must be commenced.

i. Sexual offence- Rape and defilement of young girls and children must be prosecuted within 2 months of its commission – See Sections 218 and 221 of the Criminal code Act, Cap.38 Laws of the Federation of Nigeria, 2004. AJE V. THE STATE (2019) HELAR

ii. Treason and Treasonable Felonies must be prosecuted against the offender within 2 years of the commission of the offence see Section 43 of the Criminal Code Act, Cap.38 Laws of the Federation of Nigeria, 2004.

iii. Sedition Proceedings in respect of an offender must be commenced within 6 months of its commission. See Section 52 (1) Criminal Code Act, Cap.38 Laws of the Federation of Nigeria, 2004.

iv. All proceedings concerning acts or omissions with respect to Custom and Excise Management Act must be commenced within 7 years of the commission of the offence. See Section 176 (3) Customs and Excise management Act, Cap C45, Law of the Federation of Nigeria 2014.

Furthermore, by virtue of Section 92 of the ACJA, 2015 where a private person intends to prosecute a matter, the private complaint must be made within 6 years of the commission of the offence.

Again the charge for the conspiracy to commit any of the offences above is not affected by the statute of limitation. The Conspiracy to commit the offences remains chargeable always despite the fact that the substantive offense cannot be prosecuted. R.V. SIMMONDS (1967) 51CAR 316.

By virtue of Section 2 (a) of the Public Officers Protection Act, Cap.P41 LFN 2004, where any action, prosecution, or other proceedings is commenced against any person for any act done in pursuance or execution or intended execution of any act or law or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such Act, Law or authority, the following provisions shall have effect:-

The action, prosecution or proceeding shall not lie or be instituted unless it is commenced within three (3) months next after the act, neglect or default complained of, or in case of a continuance of damage or injury, within three months next after the ceasing thereof;

Provided that if the action, prosecution or proceeding be at the instance of any person for cause arising while such person was a convict prisoner, it may be commenced within three months after the discharge.

From the above, it may appear that public offences cannot be prosecuted after three months for offences committed in the cause of their discharge of duties. However, the court in YABUGBE V.C.O.P (1992)4 NWLR (PT 234) 152, stated that it could not have been the intention of the State to shield or protect public officers from criminal prosecution for offences committed by them in the guise of performing their official duties by limiting the time within which to initiate prosecution to only three (3) months. So, for this rule of limitation of action to apply it must be shown that the Civil Servant was actually truly and legally performing his official function, and not perpetrating fraud or undermining the law. PER AKPATA JSC at Pages 170-171. See also A.G FEDERATION V. A.G BAYELSA (2013) ALL FWIR (PT.699) 1087. ENERGY COMMISSION OF NIGERIA V. ANI (2018) HELAR.