N150m suit: Makurdi High Court dismisses Akume’s application for recuse

A Makurdi High Court, presided over by Justice Augustine Ityonyiman, has dismissed a motion filed by Mr. Sesugh Akume, seeking the trial Judge to recuse himself from the N150million libel suit instituted by Governor Samuel Ortom of Benue State against him (Akume) and the publisher of Sahara Reporters, Mr. Omoyele Sowore.

Mr. Akume had filed a motion seeking the Judge in the case to disqualify himself from hearing the matter and return the file to the Chief Judge of the state based on a petition he had written to the National Judicial Council, NJC, against the Judge in the instant case and another, alleging impunity, bias and violation of the code of conduct.

At the last adjournment, Counsel to Governor Ortom, Richard Ayilla urged the court to dismiss the application as it was based on apprehension and bias.

He submitted that Exhibit ‘one’ filed by Akume was dated October 22, 2021 and on November 11, 2022, Mr. Akume’s counsel participated fully in the proceedings in the instant case and cross examined the two witnesses called by the plaintiff.

In his response, counsel to Mr. Akume, Lubem Ukpo urged the court to grant his application, arguing that as at the time he fully participated in proceedings and cross examined Governor Ortom’s witnesses, the apprehension had not arisen.

In his ruling, the trial Judge, Justice Ityonyiman pointed out that, Exhibit ‘one’ attached to the application, which was the hub upon which the application was hinged was dated October 22, 2021.

He held that, if the fear and apprehension expressed in the instant suit had not arisen, then the application for the court to recuse itself could not be grounded on the basis of exhibit one attached to the application.

Justice Ityonyiman also pointed out that, “Exhibit ‘one’ which was dated October 22, 2021 preceded the hearing of November 11, 2022 which Mr. Akume’s counsel fully participated in was unconnected to the suit in MHC/294/2020.

The Judge held that there was no issue raised pertaining the instant suit to warrant the call for the court to recuse itself.

He noted that “by paragraph 4 of the affidavit, it is clear that the said apprehension has arisen because the second defendant (Mr. Akume) in the suit is to appear before the court for his defense.”

The trial judge held that “the exhibit one attached to the affidavit is addressed to the Chairman, National Judicial Council, NJC, Abuja, and what is therefore pleaded is not what has been front-loaded.”

Justice Ityonyiman dismissed the application and adjourned hearing to March 25, 2021 for the commencement of defence.