Governor Ortom N150m Libel Suit: Bias Judge Confirms Partisanship Insists on Hearing Matter Himself, as Citizen Appeals

In an unprecedented decision, His Lordship, the Honourable Mr Justice Augustine Ityonyiman of the High Court of Benue State in Makurdi on 24 February insisted on himself hearing the Strategic Litigation Against Public Participation (SLAPP) lawsuit where the Benue governor, Samuel Ortom, falsely accuses me of libelously claiming in the media that he misappropriates local government which reduced him in the eyes of right-thinking people — whereas, I had in fact, sued challenging the obnoxious provisions of the Benue Local Government Law that authorise the governor (the office, not this individual, a temporary occupant of the office) to appropriate local government funds in the State Local Government Joint Account at his whims and caprices.

His lordship rejected my application urging him to disqualify himself from hearing the matter on the grounds that I had dragged him before the National Judicial Council (NJC) (along with another judge of the High Court of Benue State) for bias, professional misconduct, abuse of office, etc and to return this case file to the honourable chief judge for reassignment to a neutral judge.

It would be recalled that in a previous matter before this judge, I had sought to enforce my Freedom of Information (FOI) rights whereby my FOI applications respectively to the chairman, Logo Local Government Area, and the Benue commissioner of finance were denied. His lordship held that I lacked the locus standi (the right to sue) in a matter where my own FOI applications were denied!

He further held that considering that answering the questions I brought before him for interpretation could affect all public institutions in Benue (by making the FOI Act 2011 applicable to the state this making them respond to FOI applications) they all ought to have been joined in the suit. This is rather strange! Dissatisfied, I appealed the judgement. The matter is before the Court of Appeal, Makurdi.

Not done, I took the matter to the NJC asking it to look into the brazen misconduct of a judge gone rogue, who has no regard for the basic principles of law, enacted laws, legal authorities, judicial precedents, or even the code of conduct for judicial officers.

The standard procedure and good practice required therefore, is for the judge to have himself quietly withdrawn from hearing any matter pertaining to me, as my petition against him at the NJC is still pending, and more importantly, the ends is for justice not only to be done, but to be seen to be done. A neutral judge to hear the matter would have been ideal in this case. He refused.

I, therefore, being naturally apprehensive of appearing before this particular judge made an application to him through my lawyers to kindly recuse himself from this trial (which ought to have been done without needing to be told) but was roundly denied and application summarily dismissed!

The personal interest the Honourable Mr Justice Augustine Ityonyiman in hearing this matter remains a mystery.

My lawyers have therefore approached the Court of Appeal, Makurdi to challenge the unfortunate ruling. They have also notified the court of this appeal and further brought an application for the court to stay proceedings on the matter pending the outcome at the appellate court.

The next hearing date for the suit where this application is to be considered is 25 March.

Sesugh Akume