A Benue State High Court sitting in Makurdi, on Thursday, dismissed a motion filed by Sesug Akume seeking the trial judge to recuse himself from the N150m libel suit instituted by Benue State Governor, Samuel Ortom, against him and the publisher of SaharaReporters, Omoyole Sowore.
Akume had filed a motion seeking a declaration that the judge should disqualify himself from hearing the matter and return the file to the Chief Judge of the state.
He said in the motion that the reason was based on a petition he had written to the National Judicial Council against the judge in the instant case and another alleging impunity, bias and violation of the code of conduct.
Counsel for the governor, Richard Ayilla, had at the last hearing urged the court to dismiss the application as it was based on appreciation and bias.
He submitted that Exhibit 1 filed by Akume was dated October 22, 2021 and on November 11, 2022, his counsel participated fully in the proceedings and cross-examined the two witnesses called by the plaintiff.
In his response, counsel for Akume, Lubem Ukpo, urged the court to grant his application, adding that as of the time he fully participated in the proceedings and cross-examined Ortom’s witnesses, the apprehension had not arisen.
Ruling on the matter, Justice Augustine Ityonyiman pointed out that Exhibit 1 attached to the application, 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 granted on the basis of the exhibit attached to the application.
Justice Ityonyiman also pointed out that the exhibit preceded the hearing of November 11, 2022, which Akume’s counsel fully participated in and was unconnected to the suit number MHC/294/2020.
The judge held that there was no issue raised pertaining to the instant suit to warrant the call for the court to recuse itself.
Justice Ityonyiman noted that by paragraph 4 of the affidavit, it was clear that the said apprehension arose because Akume, who is the second defendant in the suit, was to appear before the court for his defence.
The judge held that the exhibit attached to the affidavit was addressed to the Chairman, National Judicial Council, Abuja, and what was therefore pleaded was not what had been frontloaded.
Justice Ityonyiman accordingly dismissed the application and adjourned the case till March 25.
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