Citizen Fights Back: Court Orders Substituted Service on Supreme Court Chief Bailiff in Defamation Case

Today, Mr. Justice M.B Idris of the High Court of the Federal Capital Territory (sitting in Nyanya) issued an order for the chief bailiff of the Supreme Court, Ukor Michael Akan, to be served court papers in a suit against him by substituted means i.e. by posting them on the door or notice board at his office at the Supreme Court (his last known address).

It would be recalled that on 21 August 2021, I made a Freedom of Information (FOI) application at the Supreme Court to know the status of, Speaker, Ondo House of Assembly v. Martins Alo filed since 2018 (the first FOI matter at the Supreme Court seeking to make FOI applicable at the state level) and got no response at all in clear breach of the FOI Act.

I wrote them letter of complaint about their noncompliance with the law, which was rather unfortunate. Again, I got no response, and was compelled to sue in the matter of Sesugh Akume v Supreme Court of Nigeria and Chief Registrar, Supreme Court of Nigeria in a suit marked FHC/CS/ABJ/1161/2020 at the Federal High Court, Abuja on 14 September 2020. They were served the court papers but did not respond until 9 months, numerous hearing notices, and adjournments later.

When on 25 June 2021, they finally responded, the Supreme Court chief bailiff, Ukor Michael Akan, in his testimony lied under oath that he did inform me that they were unable to fulfill the application within the stipulated 7 days, and that I understood clearly. He further lied that I was at a point ‘loudly quarrelsome’ and made ‘boasts’, and other malicious things he said, all without the slightest shred of proof.

He further besmirched my character by claiming that I was ‘merely fishing for claims he boasted to extort from the 1st and 2nd Respondents whether jointly or severally upon cheap and bogus allegations’, among other things.

I had never been this shocked, blatantly lied about, abused, and insulted in my entire life. I felt violated and for a period suffered a level of depression, angst, and trauma.

Upon my instructions therefore, my lawyers filed an action at the High Court of the Federal Capital Territory (marked FCT/HC/CV/2087/2021) praying the court to make him prove his allegations, or in the event he is unable, compel him to depose to another affidavit stating the facts as they are and correcting his lies, also tender an unreserved apology in 5 national dailies, pay N500,000,000 (five hundred million naira) in damages, etc.

When he was served the court papers, he collected them but refused to acknowledge receipt according to the oath deposed to by the high court bailiff. When the matter came up on 24 January 2022, he neither showed up, had legal representation, nor had anything filed.

Today the court granted the motion ex parte FCT/HC/NY/M/16/2022 for the court papers to be posted on the door or notice board, deeming him to be properly served ahead of the case which comes up on 22 February 2022.

Sesugh Akume

3 February 2022

Abuja