Justice Yakubu Hassan of the Ibadan Judicial Division of the National Industrial Court has dismissed a suit filed by one, Oluyemisi Asunmo, against the Water Corporation of Oyo State, the AttorneyGeneral and Commissioner for Justice, and the Oyo State Pensions Board.

The judge dismissed the case for being statute-barred and lacking jurisdiction. According to the court, Oluyemisi failed to initiate her legal action within the period prescribed by the Limitation Law of Oyo State, thereby losing the right to enforce her claims. Oluyemisi had claimed she joined the Water Corporation of Oyo State in 1977, secured confirmation of employment in 1979, and rose to the position of Senior Officer.

She was suspended in August 2000 over allegations of misconduct. Despite being acquitted of the allegations by the High Court of Oyo State and a dismissed appeal against her acquittal, she was never reinstated or compensated, remaining on suspension until her retirement in 2012.

She sought declaratory and monetary reliefs exceeding seventeen million naira, including unpaid salaries, gratuity, pension arrears, leave allowances and lifetime pension.

The defendants countered that Oluyemisi had absconded from duty, failed to respond to official communications, and that her claim was filed several years too late. While Oluyemisi’s counsel argued that prior court actions extended the limitation period, Justice Hassan emphasized that limitation of action is a jurisdictional matter that can be raised at any stage.

The court clarified that her cause of action arose in 2012, the year she retired while still on suspension, and her October 2017 suit exceeded the five-year statutory period. Justice Hassan also rejected claims that the criminal proceedings against Oluyemisi postponed the civil cause of action, noting that civil and criminal cases can run concurrently. The court dismissed the entire suit and ordered that each party bear its own costs.