The PDP candidate in the Jan 13, 2014 council elections in Ihiala, Anambra, Mr Chukwuebuka Iloh had prayed the state High Court sitting in Ihiala to commit the Attorney General of the state to prison.
Counsel to Iloh, Mr Okey Muo-Aroh said the prayer followed the disobedience of the Anambra government to obey the court order which nullified the council election in Ihiala.
The candidate of the All Progressives Grand Alliance (APGA) in that election, Mr Chigozie Awugosi was declared winner by the Anambra Independent Electoral Commission (ANSIEC) before it was nullified by the court.
Muo-Aroh argued that the Anambra government had contempted the court more so when Awugosi’s appeal had been dismissed for lack of merit by Court of Appeal Enugu Division on Sep. 30, 2015 .
He further argued that the judgement still subsisted even after the two year tenure had elapsed and wondered why fresh election was not conducted as directed by the court.
Muo-Aroh said the Attorney General and Commissioner for Justice in Anambra, Mr Chudi Anali being the chief law officer of the state had fragrantly disobeyed the orders of the court on the matter.
“An order for your committal to prison for having disobeyed and continuing to disobey the orders of the court made on June 19, 2014 directing that Chigozie Awugosi vacate the office as chairman of Ihiala LGA.
“That Anambra Independent Electoral Commission should conduct fresh election for the office of the chairman of Ihiala LGA according to provisions of local government law within three months.
“That the orders of the court made on June 19, 2015 are still subsisting and enforceable”, he said.
In his response, counsel to Anali, O.J Nnadi (SAN) said the hearing of the matter could not proceed as he had objections.
Nnadi then file a motion of Preliminary Objection which was admitted by the court.
The presiding Judge, Justice Emeka Nweze agreed with the position of the defense counsel and adjourned the suit to Oct. 13 for hearing of the preliminary objection.