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.
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.
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.
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.
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.
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.
“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.
“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.
“We are not really concerned about how the 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.
“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.
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.
“Anything less would be totally unacceptable.”
“Justice Salami cannot return to office 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”.
We are determined not to rest until what is 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.
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.”
Jonathan urged the high court to dismiss 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.
“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.
“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.
Tribune
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