It is the accrual of the cause of action that confers on the plaintiff the right to institute an action to enforce the cause or action or right to a judicial relief.[1]The effect of a statute of limitation is that it bars the right of action and not the cause of action. The cause of action refers to the facts or combination of facts which the plaintiff must adduce to entitle him to the relief(s) claimed while action or right to institute the action remains the means or medium affording the plaintiff the opportunity to ventilate his grievances โ cause of action or bundle of facts as variously described by the courts over the years. The effect of a statute of limitation on the action of a plaintiff therefore is that it takes away the right of the plaintiff to institute the action but leaves him with his cause of action intact, though, without the right to enforce same or right to judicial relief.[2]
[1] Alhaji Jibrin Hassan v Dr. Muazu Babangida Aliyu and 2 othersย (2010) LPELR โ 1357.
[2]Independent National Electoral Commission v Ogbadibo Local Government (2015) LPELR-24839(SC); Mohammed v Gov. of Kaduna State and others (2016) LPELR-41331(CA) 6-9 paras C-B.