The
National Judicial Council (NJC) Tuesday told a Federal High Court in Abuja that
it does not require President Goodluck Jonathan’s permission to recall the
President of the Court of Appeal, Justice Ayo Salami, who has been on
suspension since August 18, 2011.
National Judicial Council (NJC) Tuesday told a Federal High Court in Abuja that
it does not require President Goodluck Jonathan’s permission to recall the
President of the Court of Appeal, Justice Ayo Salami, who has been on
suspension since August 18, 2011.
It also
told the court that the continued stay in office of Justice Dalhatu Adamu as
the acting President of the Court of Appeal was illegal, unconstitutional and
invalid.
told the court that the continued stay in office of Justice Dalhatu Adamu as
the acting President of the Court of Appeal was illegal, unconstitutional and
invalid.
Responding
to a suit filed at the court by the Registered Trustees of Centre for the
Promotion of Arbitration, challenging the refusal of Jonathan to reinstate
Salami as recommended by the NJC, the council said it was against the
constitution for the president to continue to re-appoint Adamu as the interim
Appeal Court president.
The council also stated that it has the exclusive constitutional
powers to reinstate Justice Salami.
NJC’s counsel, Usman Isa Kana, said by virtue of Section 238(5) of the
Constitution, the fifth defendant (Adamu) cannot be re-appointed after the
expiration of three months without the recommendation of the third defendant
(NJC).
It, therefore, said Adamu’s continued stay in office was unconstitutional and
illegal.
powers to reinstate Justice Salami.
NJC’s counsel, Usman Isa Kana, said by virtue of Section 238(5) of the
Constitution, the fifth defendant (Adamu) cannot be re-appointed after the
expiration of three months without the recommendation of the third defendant
(NJC).
It, therefore, said Adamu’s continued stay in office was unconstitutional and
illegal.
The
plaintiff had asked the court to restrain Justice Adamu from further acting in
that capacity.
plaintiff had asked the court to restrain Justice Adamu from further acting in
that capacity.
It also
urged the court to determine five questions bordering on the interpretation of
the powers of the NJC vis-a-vis the powers of the president as it relates to
the exercise of disciplinary powers over justices of the Court of Appeal as
enshrined in the constitution.
urged the court to determine five questions bordering on the interpretation of
the powers of the NJC vis-a-vis the powers of the president as it relates to
the exercise of disciplinary powers over justices of the Court of Appeal as
enshrined in the constitution.
The
council argued that disciplinary powers and the recall of a suspended justice
of the Court of Appeal were exclusively vested in it.
council argued that disciplinary powers and the recall of a suspended justice
of the Court of Appeal were exclusively vested in it.
It
further argued that by virtue of Sections 153, 158(1) of the constitution and
the NJC’s powers to exercise disciplinary control over judicial officers, the
council was legally authorised to suspend and recall Justice Salami without any
recourse to the president.
further argued that by virtue of Sections 153, 158(1) of the constitution and
the NJC’s powers to exercise disciplinary control over judicial officers, the
council was legally authorised to suspend and recall Justice Salami without any
recourse to the president.
It said:
“By the combined provisions of Sections 153, 158(1) of the constitution and the
NJC’s powers to exercise disciplinary control over judicial officers contained
in Paragraph 21(1) of Part 1 of the Third Schedule of the constitution, NJC is
to unilaterally and exclusively exercise disciplinary control over judicial
officers, which we submit, include the taking of any disciplinary measures by
way of punishment, for instance, in the form of suspension, and lifting the
disciplinary measure taken, for instance, in the form of recalling and
reinstating the disciplined officer back to his position without recourse of
any sort to the president.”
“By the combined provisions of Sections 153, 158(1) of the constitution and the
NJC’s powers to exercise disciplinary control over judicial officers contained
in Paragraph 21(1) of Part 1 of the Third Schedule of the constitution, NJC is
to unilaterally and exclusively exercise disciplinary control over judicial
officers, which we submit, include the taking of any disciplinary measures by
way of punishment, for instance, in the form of suspension, and lifting the
disciplinary measure taken, for instance, in the form of recalling and
reinstating the disciplined officer back to his position without recourse of
any sort to the president.”
Kana
submitted that by virtue of Section 238(5) of the constitution, the fifth
defendant (Adamu) could not have been re-appointed after the expiration of
three months without the recommendation of NJC, as such, his continued stay in
office was unconstitutional and illegal.
submitted that by virtue of Section 238(5) of the constitution, the fifth
defendant (Adamu) could not have been re-appointed after the expiration of
three months without the recommendation of NJC, as such, his continued stay in
office was unconstitutional and illegal.
NJC
therefore urged the court to hold and resolve the issue against the plaintiff.
therefore urged the court to hold and resolve the issue against the plaintiff.
Others
joined as respondents in the suit are the Attorney General of the Federation
and Minister of Justice, NJC, Justice Salami and Justice Adamu, who are the
second and fifth defendants, respectively.
joined as respondents in the suit are the Attorney General of the Federation
and Minister of Justice, NJC, Justice Salami and Justice Adamu, who are the
second and fifth defendants, respectively.
When the matter was mentioned yesterday, counsel to the
plaintiff, Jiboto Akanike, told the court that they had served all the
respondents and asked the court to fix a hearing date.
Counsel to the fifth respondent, D.O Kanda, told the court that he had a
preliminary objection to the jurisdiction of the court. He prayed the court to
hear the objection first before going into the substantive suit.
plaintiff, Jiboto Akanike, told the court that they had served all the
respondents and asked the court to fix a hearing date.
Counsel to the fifth respondent, D.O Kanda, told the court that he had a
preliminary objection to the jurisdiction of the court. He prayed the court to
hear the objection first before going into the substantive suit.
Justice
Adamu Bello, however, fixed December 4 to hear the preliminary objection.
Adamu Bello, however, fixed December 4 to hear the preliminary objection.
The
plaintiff, among others, is asking the court for an order of mandamus directing
NJC to implement the recommendation of its three-man panel urging the recall of
Justice Salami forthwith.
plaintiff, among others, is asking the court for an order of mandamus directing
NJC to implement the recommendation of its three-man panel urging the recall of
Justice Salami forthwith.
It also
wants the court to declare that Jonathan has no power to exercise disciplinary
functions over the justices of the Court of Appeal and particularly Justice
Salami and that the further reappointment or approval of the extension of the
tenure of Justice Adamu is unconstitutional, illegal, null and void.
wants the court to declare that Jonathan has no power to exercise disciplinary
functions over the justices of the Court of Appeal and particularly Justice
Salami and that the further reappointment or approval of the extension of the
tenure of Justice Adamu is unconstitutional, illegal, null and void.
The
plaintiff is further seeking an order of perpetual injunction restraining
Jonathan from further re-appointing Justice Adamu and NJC from further
recommending to the president the extension or reappointment of Justice Adamu.
plaintiff is further seeking an order of perpetual injunction restraining
Jonathan from further re-appointing Justice Adamu and NJC from further
recommending to the president the extension or reappointment of Justice Adamu.
Source: Thisday
