A Makurdi High Court has dismissed Sesugh Akume’s application for a stay of proceedings in the N150 million libel suit brought by Benue State Governor Samuel Ortom.
Omoleye Sowore, the publisher of Sahara Reporters, is also a defendant in the case.
Akume filed the application for a stay of proceedings through his counsel, Lubem Ukpo, pending the hearing and determination of his appeal at the Appeal Court against a previous ruling of the court that dismissed his motion for the judge to recuse himself from hearing Governor Ortom’s suit.
The Presiding Judge, Justice Augustine Ityonyiman, ruled on the application, holding that a stay of proceedings can only be granted in special and exceptional circumstances.
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According to Justice Ityoyinman, paragraph 6 of the affidavit simply swore that the petition is still pending before the National Judicial Commission, and thus there will be a conflict of interest in the case.
The judge emphasised that there is no correspondence from the National Judicial Commission (NJC) indicating a conflict of interest or why it exists.
He emphasised that a stay of proceedings application is not granted solely on the basis of the filing of an appeal.
He went on to say that the applicant must show that special and exceptional circumstances exist that compel the court to grant the application.
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“The application is totally devoid of merit, it fails, and it is hereby dismissed,” Justice Ityoyinman ruled.
As a result, the judge adjourned the case for defence until June 28, 2022.
