Ortom’s libel suit: Court dismisses Akume’s application

A Makurdi High Court has dismissed Sesugh Akume’s application for a stay of proceedings in the N150 million libel suit filed by Benue State Governor Samuel Ortom.

Omoleye Sowore, the publisher of Sahara Reporters, is also named as a defendant in the case.

Akume filed the application for stay of proceedings through his counsel, Lubem Ukpo, pending the hearing and determination of his appeal at the Appeal Court against an earlier ruling of the court dismissing his motion for the judge to recuse himself from hearing Governor Ortom’s suit.

The Presiding Judge, Justice Augustine Ityonyiman, ruled on the application, saying that a stay of proceedings can only be granted in special and exceptional circumstances.

According to Justice Ityoyinman, paragraph 6 of the affidavit simply stated that the petition is still pending before the National Judicial Commission, and thus there will be a conflict of interest in the matter.

The judge emphasised that no correspondence from the National Judicial Commission (NJC) exists that demonstrates a conflict of interest and why it exists.

He emphasised that a stay of proceedings application is not granted as a matter of cause linked to the filing of an appeal.

He went on to say that the applicant must show that there are special and exceptional circumstances that force the court to grant the application.

“The application is totally devoid of merit, it fails, and it is hereby dismissed,” Justice Ityoyinman said.

As a result, the judge adjourned the case until June 28, 2022, to allow for the defence.