NJC plans to hasten Salami’s recall

Posted by admin Headlines, Judiciary Thursday, October 4th, 2012

National Judicial Council may have decided to assert its powers by taking steps to hasten the recall of the suspended President of the Court of Appeal, Justice Ayo Salami.

NJC is headed by the Chief Justice of Nigeria, Justice Aloma Mukhtar.

After voting to recall Salami, the NJC had written President Goodluck Jonathan, asking him to approve the PCA’s return to office.

The President had earlier endorsed Salami’s suspension and approved Justice Dalhattu Adamu’s appointment as Acting PCA after the NJC notified him of its decision to suspend Salami on August 18, 2011.

Having earlier approved Salami’s suspension, Jonathan refused to approve the council’s recommendation that the suspended PCA should be reinstated.

Jonathan acted on the advice of the Attorney-General of the Federation and Minister of Justice, Mr. Bello Adoke, who insisted that Salami’s recall was subjudice.

However, the NJC, has changed its position and is insisting that the President has no powers in Salami’s recall.

The NJC stated its new position in its written address in response to a suit when 11 human rights activists sued the body alongside Jonathan, the AGF and Adamu.

The plaintiffs are seeking an order of mandamus to compel Jonathan and the NJC to recall Salami.

Although it was listed as a defendant in the suit before a Federal High Court, Abuja, the NJC took sides with the plaintiffs in order to enforce its new position.

Our correspondent learnt that the move was aimed at resolving the Salami saga.

A source in the NJC said the plan was being supported by the leadership of the council.

In the suit, the plaintiffs, who are members of the Centre for the Promotion of Arbitration, asked the court to order the NJC to implement the report of a sub-committee of the Justice Muhammed Uwais-led judicial stakeholders reform panel, which recommended Salami’s reinstatement.

The Uwais panel was established by Justice Dahiru Musdapher, who reportedly tried spiritedly, but unsuccessfully, to reinstate Salami.

The source, who did not wish to be named, suggested that the NJC might be behind the suit in which the 11 human rights activists are asking for Salami’s reinstatement.

Even though it was listed as a defendant in the suit, the NJC asked the court to resolve the suit in favour of the plaintiffs.

The source said, “This is part of high-level plan to hasten Salami’s recall.

“The new position advanced by the council before the court was just to ensure that Salami returns soon enough.

“Besides, the new leadership of the NJC wants to chart a new course and in that line, there is a need to break from the past and you can’t achieve that without resolving outstanding issues.

“The Salami affair is the biggest outstanding issue in the judiciary today and it has lingered for too long.”

The source also insisted that the NJC’s new position “was the only right and proper one in law, as shown by the provisions of sections 153 and 158 (1) of the 1999 Constitution”.

The source added, “Because the council wrote the President ab-initio to recommend his suspension; so when the council investigated and did not find him guilty, they wrote the President to recall him but the President replied that the matter was in court.”

Justice Adamu Bello had adjourned the matter till December 4 for the adoption of written addresses by the parties in the suit.

Meanwhile, efforts to get the AGF to respond to the NJC’s new position were not successful as at the time of filing this report.

Calls to his mobile telephone did not go through.

His Chief Press Secretary, Mr. Ambrose Momoh, told our correspondent that the AGF was in the best position to respond to the NJC’s position.

He promised to get a clarification on the matter from his principal.

-Punchwp_posts