Salami: Jonathan’s critics partisan –Presidency
General Politics, Judiciary, Latest Politics Thursday, August 25th, 2011The Special Adviser to the President on Media and Publicity, Dr. Reuben Abati, yesterday said critics of President Goodluck Jonathan over his approval of National Judicial Council (NJC)s suspension of the President of the Court of Appeal (PCA), Justice Ayo Salami are biased and partisan in their views. He accused them of ignoring the provisions of the law that kick against allowing a vacuum to exist until all matters pertaining to Salamis suspension have been legally resolved.
The National Judicial Council (NJC), had earlier suspended Salami over alleged misconduct and recommended him to President Jonathan for retirement. He was replaced by Justice Dalhatu Adamu, who was promptly sworn in as Acting President, on Monday.
Salami had headed to Court and on Wednesday began the case he instituted against the Chief Justice of Nigeria (CJN), Justice Aloysius Katsina-Alu and the NJC challenging his removal and subsequent replacement by Justice Adamu.
Addressing State House Correspondents, Abati debunked claims that those criticising the Presidents action were in the majority. He said that the reactions were unfair noting that, had President Jonathan not acted on the recommendations of the NJC, he would still have come under verbal attacks.
His words: Very quickly, on Sunday, I issued a statement on this Salami matter and the statement is very clear. It was just a two-paragraph statement and that statement says the action that has been taken is in pursuance with the rule of law. The relevant sections of the law are quoted in that document and it says the President had taken this action until all the matters have been fully resolved.
But I think in reacting to this development, people have been making all kinds of judicial pronouncements. Everybody in Nigeria has suddenly become a judge and Mr. President is being turned into a scape-goat in a matter in which he is completely innocent. I know you will say, well, I should explain it. Well, in terms of opinion, you said a lot of people have been attacking the President who have a different view. I have two documents in my file; a statement by Tayo Oyetugbo SAN. He is saying that the appointment was made to fill the vacuum created by Salamis suspension. The office of the President of the Court of Appeal is too important to be left in vacuum, Abati said.
He quoted Oyetugbo, the suspension created a vacuum to be filled. He (Salami) has taken the matter to court and he is entitled to challenge his suspension in court. Therefore, we cannot comment on that. The suspension is a fact, which has happened and which created a vacuum and that vacuum has to be filled because there are many statutory functions, which are needed to be performed by the President of the Court of Appeal and so there is need for that office to be occupied by somebody, so it cannot be left vacant. This is a Nigerian, Tayo Oyetugbo, SAN, expressing an independent opinion.
Abati reiterated that the Presidents action was backed by law and was to prevent a vacuum. The Acting President of the Court of Appeal is there in acting capacity until all the issues involved in this matter have been resolved. The President, as the leader of the country, has the responsibility to ensure stability. If he had not acted he would have been criticized; he has acted, he is also being criticized. But he has acted in the best interest of Nigerians to prevent a constitutional lacuna.
A situation whereby the headship of the Court of Appeal becomes vacant and no action is being taken to ensure stability on that level. That is one. He explained further: I have another essay here written by a gentleman called Emmanuel Ojebe. His own argument is that, simply under the Constitution, in Section 158, once the NJC acts in a particular manner in terms of discipline, appointment or recommendations, its authority cannot be restated by another authority. In other words, it is a self-independent body.
If the President had withheld the recommendations of the NJC, people who are criticing him now would have accused him of interfering with the work of the Judiciary. So, the principle of independence has to be respected. But at the same time, the President has even provided an opportunity just to stay within the law and fill that vacuum that has been created. It is the duty of the Judiciary, ultimately, within the framework of the law to resolve the matter.
Abati posited that, the President is not a partner to this conflict as had been described and would be unfair, most unfair to use him as a scapegoat. And the surprising thing is that the people who are struggling very hard to drag him into it are not looking at the specific recommendations in the Constitution; they are just making judicial pronouncements and dictating to the President what he should do outside the confines of the law and I believe they do so strictly for their own partisan interest.
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