A Makurdi High Court on Thursday dismissed a motion filed by one Mr Sesugh Akume, seeking the trial judge in a N150 million libel suit filed against him by Benue’s Gov. Samuel Ortom to recuse himself from the case.
Gov. Ortom filed the suit against Akume and Omoyele Sowore, publisher of Sahara Reporters for alleging in some online publications that he illegally deducted local government funds in the state.
The governor claimed in the suit that the allegation defamed his reputation, lowered his integrity and engendered hatred on him.
However, Akume filed an interlocutory application, praying the presiding judge, Justice Augustine Ityonyiman, to disqualify himself from further handling the suit.
Akume sought a declaration that the judge should refrain from hearing the matter and return the case file to the state’s Chief Judge for reassignment to another judge.
He argued in his submission that the application was based on a petition he had written to the National Judicial Council against the trial judge over his alleged impunity, bias and violation of code of conduct.
When the motion came up for hearing, Ortom’s counsel, Mr Richard Ayilla, urged the court to dismiss the application, arguing that it was based on apprehension and bias.
Ayilla submitted that Akume’s counsel had participated fully in the previous proceedings in the case and even cross-examined the two witnesses called by the plaintiff, so he could not accuse the judge of impunity.
Responding, Akume’s counsel, Mr Lubem Ukpo, urged the court to grant the application arguing that the apprehension had not arisen as of the time that he fully participated in the proceedings and cross-examined Ortom’s witnesses.
Delivering ruling, Justice Ityonyiman, dismissed the application.
He held that since the fear and apprehension expressed by Akume had not arisen when the defendants’ counsel participated fully in the case, the application for the judge to recuse itself could not be granted.
Justice Ityonyiman adjourned the case till March 25 for defence to begin.
