A
Federal High Court in Abuja will today decide whether the assent of President
Goodluck Jonathan is needed for the reinstatement of the suspended President of
the Court of Appeal, Justice Ayo Isa Salami.
Federal High Court in Abuja will today decide whether the assent of President
Goodluck Jonathan is needed for the reinstatement of the suspended President of
the Court of Appeal, Justice Ayo Isa Salami.
Lawyers are also calling on the duo of
President Jonathan and the Chief Justice of Nigeria, Justice Aloma Mariam
Mukthar to be cautious in the handling of the outcome of the judgment.
President Jonathan and the Chief Justice of Nigeria, Justice Aloma Mariam
Mukthar to be cautious in the handling of the outcome of the judgment.
Justice Adamu Bello had on January 17 fixed
today for judgment in a suit brought by a legal advocacy group, Registered
Trustees of Centre for the Promotion of Arbitration, after taking submission of
two principals but diametrically opposed defendants; the National Judicial
Council (NJC) and President Goodluck Jonathan.
today for judgment in a suit brought by a legal advocacy group, Registered
Trustees of Centre for the Promotion of Arbitration, after taking submission of
two principals but diametrically opposed defendants; the National Judicial
Council (NJC) and President Goodluck Jonathan.
In the course of proceedings, the council
sided with the plaintiff in its claim that returning Salami to office following
his pardon by NJC required no presidential assent, Jonathan as the appointing
authority, opposed the claim and submission.
sided with the plaintiff in its claim that returning Salami to office following
his pardon by NJC required no presidential assent, Jonathan as the appointing
authority, opposed the claim and submission.
Lawyers, under the aegis of Jurispudential
League, in a statement issued on Sunday, noted that the issues surrounding
Salami’s return to office were beyond today’s judgment, while insisting that
the issue of unethical communication against the jurist as established by the
police, must be accordingly treated.
League, in a statement issued on Sunday, noted that the issues surrounding
Salami’s return to office were beyond today’s judgment, while insisting that
the issue of unethical communication against the jurist as established by the
police, must be accordingly treated.
The statement signed by the league’s
chairman and publicity secretary, Muhammad Inde and Bose Kayode read in part:
“In furtherance of our advocacy on the cleansing exercise going on in the
judiciary, it has become imperative to call the attention of major
stakeholders, particularly President Goodluck Jonathan and the Chief Justice of
Nigeria, Justice Aloma Mariam Mukthar to the imminent judgment in a suit
seeking to reinstate the embattled President of the Court of Appeal, Justice
Ayo Isa Salami, fixed for today, March 11, 2013 by a Federal High Court in
Abuja and the implications of the likely outcomes.
chairman and publicity secretary, Muhammad Inde and Bose Kayode read in part:
“In furtherance of our advocacy on the cleansing exercise going on in the
judiciary, it has become imperative to call the attention of major
stakeholders, particularly President Goodluck Jonathan and the Chief Justice of
Nigeria, Justice Aloma Mariam Mukthar to the imminent judgment in a suit
seeking to reinstate the embattled President of the Court of Appeal, Justice
Ayo Isa Salami, fixed for today, March 11, 2013 by a Federal High Court in
Abuja and the implications of the likely outcomes.
“A judgment with declaratory substance can
only go in two ways; acceding or refusing the prayers of the plaintiffs. The
plaintiffs in the suit are into advocacy like us though that may not confer
locus standi to institute actions of which the outcome would not affect them in
any ways. It is not impossible that the realization of this fact, is the main
reason we did not approach the courts to push our issues and in its stead,
resorting to painfully-expensive but needful sacrifice of taking paid newspaper
adverts to reach the appropriate quarters.
only go in two ways; acceding or refusing the prayers of the plaintiffs. The
plaintiffs in the suit are into advocacy like us though that may not confer
locus standi to institute actions of which the outcome would not affect them in
any ways. It is not impossible that the realization of this fact, is the main
reason we did not approach the courts to push our issues and in its stead,
resorting to painfully-expensive but needful sacrifice of taking paid newspaper
adverts to reach the appropriate quarters.
“Because there were no serious objecting
parties in the suit, the assumption would be to say that it would go in favour
of the plaintiffs, who are asking the court to hold that NJC under the watch of
Justice Mukthar could reinstate Salami to office without the assent of the
appointing authority; President Jonathan.
parties in the suit, the assumption would be to say that it would go in favour
of the plaintiffs, who are asking the court to hold that NJC under the watch of
Justice Mukthar could reinstate Salami to office without the assent of the
appointing authority; President Jonathan.
“We are not really concerned about how the
judge resolves the matter, but the implication of such resolutions.
judge resolves the matter, but the implication of such resolutions.
“While we are desirous of an end to the
saga of Justice Salami, the painful reality now is that no favourable judgment
could peacefully see him back in office, even if all the cases against him, are
disposed off, let alone the fact that about four would still be pending after
today’s judgement.
saga of Justice Salami, the painful reality now is that no favourable judgment
could peacefully see him back in office, even if all the cases against him, are
disposed off, let alone the fact that about four would still be pending after
today’s judgement.
“If a suit by Noah Ajare, a celebrated
human rights lawyer could be dismissed for lack of locus standi, we are
watching if today’s would not be resolved the same way whether NJC concurred
with the plaintiffs or not. It is a case of what is trite in law unless those
involved would be confirming the rumours that there were agreements before this
suit for judgment was filed.
human rights lawyer could be dismissed for lack of locus standi, we are
watching if today’s would not be resolved the same way whether NJC concurred
with the plaintiffs or not. It is a case of what is trite in law unless those
involved would be confirming the rumours that there were agreements before this
suit for judgment was filed.
Beyond the judgment, the issue of unethical
communications established by the police must be implemented by Mukthar’s NJC
as did in the case of Justices Archibong and Naron.
communications established by the police must be implemented by Mukthar’s NJC
as did in the case of Justices Archibong and Naron.
“Anything less would be totally
unacceptable.”
unacceptable.”
“Justice Salami cannot return to office
until the burden of the established unethical communication is discharged.
until the burden of the established unethical communication is discharged.
“We also call on President Jonathan as the
Chief Security Officer of the country to ensure no recognition for Salami as
administratively required in an event that the NJC decided to put individual
interest before the nation’s and make sacred cows of some, in its self-imposed
but desirable “operation cleanse the judiciary”.
Chief Security Officer of the country to ensure no recognition for Salami as
administratively required in an event that the NJC decided to put individual
interest before the nation’s and make sacred cows of some, in its self-imposed
but desirable “operation cleanse the judiciary”.
We are determined not to rest until what is
right is completely done on the purging exercise”.
right is completely done on the purging exercise”.
Jonathan, through his lawyer, Mr Matthew
Echo, insisted that he acted in accordance with the 1999 constitution by
appointing an Acting President for the Appeal Court, pending final resolution
of all the issues that culminated in Salami’s ouster.
Echo, insisted that he acted in accordance with the 1999 constitution by
appointing an Acting President for the Appeal Court, pending final resolution
of all the issues that culminated in Salami’s ouster.
The council claimed that “the
exercise of disciplinary power and recall of a suspended Justice of the Court
of Appeal is exclusively vested in the NJC by the constitution.”
exercise of disciplinary power and recall of a suspended Justice of the Court
of Appeal is exclusively vested in the NJC by the constitution.”
Jonathan urged the high court to dismiss
the suit while the council urged the judge to grant all the reliefs sought by
the plaintiffs.
the suit while the council urged the judge to grant all the reliefs sought by
the plaintiffs.
Specifically, the plaintiffs are praying
the court for “an order of court directing the 3rd Defendant, National Judicial
Council, NJC, to recall the 4th Defendant, Salami, to resume his duties as the
President of the Court of Appeal forthwith.
the court for “an order of court directing the 3rd Defendant, National Judicial
Council, NJC, to recall the 4th Defendant, Salami, to resume his duties as the
President of the Court of Appeal forthwith.
“A declaration that the President of the
Federal Republic of Nigeria has no power whatsoever and/or howsoever to
exercise disciplinary functions over the Justices of the Court of Appeal and/or
Justice Isa Ayo Salami, the PCA.
Federal Republic of Nigeria has no power whatsoever and/or howsoever to
exercise disciplinary functions over the Justices of the Court of Appeal and/or
Justice Isa Ayo Salami, the PCA.
“A declaration that the further
reappointment and/ or approval of the extension of the tenure of the 5th
defendant (Justice Adamu) as the Acting PCA by the 1st defendant (Jonathan), is
unconstitutional, illegal, null and void.
reappointment and/ or approval of the extension of the tenure of the 5th
defendant (Justice Adamu) as the Acting PCA by the 1st defendant (Jonathan), is
unconstitutional, illegal, null and void.
