Court rejects bid to stop suit by sacked electoral chief

AN Awka High Court 3, presided over by Justice Hope Ogugua Ozoh, on Monday struck out a motion filed by the Anambra State government and the Anambra House of Assembly, which challenged his jurisdiction to entertain the suit filed by Prof. Titus Eze, over his removal on September 6, 2011, as chairman of the Anambra State Independent Electoral Commission (ANSIEC).Justice Ozo, in striking out the motion by the defendants, viz the government and the state Assembly, held that the plaintiff contravened no law for not serving a pre-action notice on the House of Assembly before joining the Legislature in the substantive suit.He further averred that the House of Assembly was neither the state nor a public officer as enunciated in the Section 11(2) Anambra State Procedure Laws and was, therefore, not entitled to any pre-action notice before a suit is commenced against it.The state Attorney General and Commissioner for Justice, Emmanuel Chukwuma, who filed the motion on behalf of the state, had urged the court to strike out the suit, arguing that the law required that the House of Assembly must be served a pre-action notice before it is dragged to court.
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