ESSIEN J (DELIVERING THE RULING): The defendants by a notice of preliminary objection filed on 23rd March, 2017 sought an order of this court dismissing this suit filed on the 20th February, 2017 for being statute barred and also for non service of pre-action notice on 1st defendant. The grounds of the objection is that this suit was not filed within 3 months next after the act or default complained of in violation of S.2(a) of the Public Officers Protection Act. Also that it was not filed within 1 year next after the act or default complained of as stipulated under Section 37(1) of the Actions Law of the Revised Laws of Enugu State. In support of the objection is an affidavit of 6 paragraphs and a written address of the defendant’s counsel.
In response to the preliminary objection, the claimant counsel filed on the 18th April, 2017 a counter Affidavit of 19 paragraph. Attached to the affidavit are Exhibits A to Exhibits L. Also in support of the counter affidavit is the written addres…