TheCable

Keziah Ogbonnaya, judge of a federal capital territory (FCT) high court in Zuba, has refused to recuse herself from a libel suit filed by Geoffrey Onyeama, a former minister of foreign affairs. 

Onyeama had preferred a libel suit against Lillian Onoh, a career ambassador in the ministry of foreign affairs, who is also a sister to his ex-wife, alleging that she defamed him in a series of memos sent to him while he was in office.

However, Onoh filed an application seeking the recusal of the judge on the grounds of bias.

At the resumed trial on Monday, Richard Aneke, counsel to Onoh, told the court that a petition is pending before the chief judge of the FCT high court, seeking a reassignment of the case to another judge.

Aneke said his client also petitioned the National Judicial Council (NJC), asking that disciplinary measures should be taken against Ogbonnaya for being overtly partial in her handling of the suit.

Onoh accused the former minister of influencing the transfer of the case from the former judge, Eleojo Enenche, to Ogbonnaya, to get a favourable decision since they are both from Enugu state.

Responding, Onyeama through his counsel, Agada Elachi, expressed surprise over the petition.

“I am shocked to hear this from the defence lawyer. It is within counsel’s right to say what he has said, but the purported petition in its entirety is based on hearsay,” Elachi said.

He said the defendant had never witnessed the judge conduct proceedings in the case.

“She has never had any opportunity of witnessing my lord conduct proceedings to show that this court is biased,” he said.

He argued that there was no legal basis for Ogbonnaya to recuse herself from the suit, adding that Onoh’s petition was “a ploy to frustrate the hearing of this matter”.

“We urge the court to continue with the proceedings pending when the truth of this petition will be unravelled,” Elachi added.

In her ruling, the judge refused the application for recusal.

“No judge assigns cases himself, it is the chief judge of the FCT high court that assigns cases. It is the same chief judge that tells a judge to stop hearing a particular case,” she said.

“Unless and until the chief judge sends a copy of the petition to me for response, this case will go on.

“Since the chief judge has not ordered for the reassignment of this case, this matter shall continue in this court. That is the order of this court.

“The emissaries take this message to her that this court has ordered that this matter shall go on and this judge will not recuse herself.

“She did not assign the case to me. This matter shall continue to go on.”