N150 million libel suit: Court to rule on Akume’s motion for rescue February 24

A Makurdi High Court has fixed February 24, 2022, to deliver ruling on the motion for recuse, filed by Sesugh Akume through his counsel, Lubem Ukpo, in the N150 million libel suit instituted by Governor Samuel Ortom of Benue State.

Also joined in the suit is the publisher of Sahara Reporters, Omoyele Sowore as first defendant.

Mr Akume is seeking a declaration that the judge in the case should recuse himself from hearing the matter and return the file to the Chief Judge of the State based on a petition he has written to the National Judicial Council, NJC, against two Justices of the Benue State High Court.

When the case resumed Thursday, counsel to Akume, Lubem Ukpo drew the attention of the court to the motion for recuse, which he filed on January 13,2022.

Ukpo told the court that the issues canvased and the supporting address by Governor Ortom’s counsel, Richard Ayilla in his counter affidavit do not apply to the application.

He submitted that the attached exhibit does not apply to the case of the second defendant.
Counsel to Governor Ortom, Richard Ayilla told the court that his opposition to the application is a 12-paragraph counter affidavit.

He continued that accompanying the counter affidavit is Exhibit ‘A’ which is a judgement of the court.

Ayila submitted that Exhibit ‘1’ filed by Akume is dated October 22,2022 and on November 11,2022, Akume’s counsel participated fully in the proceedings in the instant case and cross examined the two witnesses called by the plaintiff.

He held that the second defendant was blowing hot and cold for bringing an application of this nature based on apprehension and bias.

Ortom’s counsel asked the Court to discountenance the submissions, arguments and refuse to grant the application.

Lubem Ukpo however argued that the he participated in the proceedings of November 11,2022 because the matter has not reached the point the second defendant will come to court to give evidence.

After listening to the arguments of both counsels, the presiding judge, Justice Augustine Ityonyiman adjourned the matter to February 24,2022 for ruling on the application.