NICN Rules on POPA Applicability in Employment Case

On December 19, 2025, the National Industrial Court of Nigeria (NICN) delivered a ruling in the case of Dr. Mr.

Regina Ez v. Federal Polytechnic Ohodo, Enugu State, concerning the Public Officers Protection Act (POPA).

The case, initiated on June 26, 2025, involved a claim for the suspension of an unlawful termination and reinstatement with payment of arrears and damages. The defense raised preliminary objections regarding the court's jurisdiction, citing a statutory bar under POPA.

The court analyzed whether the cause of action was barred by POPA, which it found did not apply to employment contracts. The court noted that the action was filed outside the three-month moratorium stipulated by POPA, as the cause arose on January 8, 2025, and the suit was filed on June 26, 2025.

The NICN ultimately distinguished this case from previous Supreme Court decisions, asserting that POPA does not apply to contracts of public employment.