Rumble in the judiciary as Salami goes to court

Posted by admin Judiciary, Latest Politics Saturday, August 20th, 2011

The embattled President of the Court of Appeal, PCA, Justice Isa Ayo Salami, yesterday, approached a Federal High Court in Abuja for an order setting aside his suspension by the National Judicial Council, NJC.

The PCA who described his removal from office as a ‘judicial joke’, contended that the council was bereft of the statutory powers to sack him, noting that it is only President Goodluck Jonathan that is permitted by the 1999 constitution as amended, to recommend his removal as President of the Court of Appeal.

Consequently, the PCA yesterday sought an order restraining the Attorney General of the Federation, AGF, Mohammed Adoke Bello, SAN, and the National Assembly from taking any action on the basis of what he termed “an illegal decision that was reached by the NJC at its 7th emergency meeting of August 18, 2011”.

Justice Isa Ayo-Salami

He equally beseeched the High Court for “an order setting aside such decision, same being arbitrary, unconstitutional, ultra-vires and a gross abuser of judicial process.”

Justice Salami stressed that the position of the law is that only the President can recommend the removal of the CJN, the PCA and the Chief Judge of the Federal High Court, from their respective offices.

Counsel to Justice Salami, Chief Niyi Akintola, SAN, who confirmed the filing of the court process to Saturday Vanguard on phone, maintained that the NJC overarched its powers when it ordered Justice Salami to hand over the affairs of the appellate court to the next most senior justice of the court.

Akintola argued that the action of the council amounted to contempt of court in view of the fact that the subject matter of the NJC probe verdict that ab-initio, mandated the PCA to apologize to the Chief Justice of Nigeria, CJN, Justice Aloysius Katsina-Alu, was already a subject of litigation before a court of competent jurisdiction.

It would be recalled that the NJC on Thursday, ordered justice Salami to vacate his office for his second in command, Justice Dalhatu Adamu, a directive that was ignored by the PCA yesterday.

Investigations revealed that Justice Salami who promptly resumed duties yesterday morning, left office around 5:30 pm in his official car marked FG-01-CA.

NJC had in a statement signed by its Director of Administration, Mr. E.I. Odukwu, held that, “Pursuant to the powers conferred on the National Judicial Council in the Constitution of the Nigeria, 1999 as amended, Hon. Justice Isa Ayo Salami, OFR, President of the Court of Appeal has been suspended from office with effect from today 18th August, 2011.”

The council added that, “the decision which was reached at the National Judicial Council further directs that Hon. Justice Salami should hand over the affairs of the Court of Appeal to the next most senior justice of the court. Meanwhile a recommendation has been forwarded to the President, Dr. Goodluck Jonathan to retire him from service.”

Meantime, negative reactions have continued to trail the decision of the NJC suspending the PCA, with the Congress for Political Change, CPC, describing it as a tragicomedy.

CPC via a statement it issued in Abuja yesterday, maintained that, “what is unquestionably discernible in this entire saga is that it was not Justice Salami that is the target but the CPC Presidential Petition which his court is adjudicating on”.

According to a statement signed by its National Publicity Secretary, Mr Rotimi Fashakin, the CPC said it is “horrified by the meeting of the National Judicial Council (NJC) of Thursday, 18th August, 2011, wherein Justice Isa Ayo Salami, President Court of Appeal (PCA) was suspended and ordered to hand over to the next in seniority.

“In a manner reminiscent of a witless regurgitation of prepared script, the NJC carried out a hatchet job that careful watchers had anticipated for quite a while. It is still mind-boggling that the same NJC that admitted the intervention of the Chief Justice of Nigeria (CJN), Justice Aloysius Katsina-Alu, in the Sokoto governorship petition appeal suit, which was clearly outside his judicial powers; went ahead to pronounce a ‘guilty as charged’ sentence on Justice Salami for daring to challenge the impunity of his boss. In a 23-member body where the CJN accounts for the appointment of 20 members (including himself), it is hardly conceivable that the same body can ever apprehend the CJN for any malfeasance!

“Indeed the preponderant view within the polity is that this ignoble decision has opened a new vista in Nigeria’s season of anomie. The 3rd Schedule I (21b) of the constitution states that the NJC shall: “Recommend to the President the removal from office of the Judicial Officers specified in Sub Paragraph (a) of this Paragraph and to exercise disciplinary control over such officers.” Salami is specifically seeking, “An order of interlocutory injunction restraining the Defendants/Respondents, (either jointly or severally) acting through their agents, privies and/or delegates from taking any step or action directly or indirectly in consequence or in implementation of the recommendation of the 1st Defendant/Respondent made at its meeting held in Abuja on 18th August, 2011 as it affects the plaintiff/applicant herein pending the determination of the substantive suit before this Honourable Court.

“An order of interlocutory injunction restraining the Defendants/Respondents, (either jointly or severally) acting through their agents, privies and/or delegates from directing or compelling the Plaintiff/Applicant to take any step or perform any action in consequence or in implementation of the recommendation of the 1st defendant/respondent made on the 18th August, 2011 pending the determination of the substantive suit before this Honourable Court.

“An order of interlocutory injunction restraining the Defendants/Respondents, (either jointly or severally) acting through their agents, privies and/or delegates from taking any action, reaching any conclusions or issuing any directive(s) in any form whatsoever in respect of the findings and recommendations of the 1st Defendant made on the 18th August, 2011 pending the determination of the substantive suit before this Honourable Court.

“An order of this Honourable court setting aside the recommendation of the 1st defendant/respondent made at its meeting of 18th August 2011 against the plaintiff during the pendency of this suit which the 1st defendant/respondent has the foreknowledge of….”p

Joined as defendants are, NJC, the deputy chairman, National Judicial Council, Hon. Justice Musdapher Dahiru, the Hon. Chief Justice of Nigeria,Hon. Justice Alloysius Katsina-Alu, Hon. Attorney General of the Federation and Minister of Justice, the Senate President, Senator David Mark, Clerk of the National Assembly of Federal Republic of Nigeria and the National Assembly of Federal Republic of Nigeria.wp_posts