CJN/Salami face-off: Why NJC should act promptly

But following the intervention of the NJC, the suit was withdrawn from the court and a panel was set up by the Council to investigate the matter. In its report the NJC pronounced the President of the Court of Appeal, Justice Ayo Salami guilty of gross misconduct for making false allegations against the Chief Justice […]

But following the intervention of the NJC, the suit was withdrawn from the court and a panel was set up by the Council to investigate the matter. In its report the NJC pronounced the President of the Court of Appeal, Justice Ayo Salami guilty of gross misconduct for making false allegations against the Chief Justice of Nigeria [CJN], and Justice Aloysius Katsina-Alu over the Sokoto Gubernatorial Appeal.

Accordingly, the Council which described Salami’s conduct as contrary to Rule 1[1] of the code of conduct for Judicial of the Federal Republic of Nigeria has directed him to within one week apologize to Justice Katsina-Alu and the entire members of the council in writing. The NJC took the decisions at the end of its emergency meeting in Abuja where members deliberated on the two separate Reports of its Committees on the allegations levelled against the Hon. Chief Justice of Nigeria, Justice Aloysius Katsina-Alu, the President, Court of Appeal, Justice Isa Ayo Salami, OFR and some Hon. Justices of the Court of Appeal.

While exonerating the CJN of any complicity on the issue, the Council found that Justice Katsina-Alu “acted in good faith and was motivated by the apparent urge to protect the administration of justice and avoid breach of peace when directed that the judgment in the Sokoto Gubernatorial Appeal be ‘put on hold’ pending the investigation of the petitions he had received on the matter.” Justice Salami had in a law suit filed against the CJN before a Federal high Court alleged in his sworn affidavit that he was approached by the CJN to compromise the Court of Appeal’s judgment on the Sokoto Governorship battle.

But the Council in its findings held that “ the allegation made by the Hon. President, Court of Appeal, Hon. Justice Isa Ayo Salami, OFR that the Hon. Chief Justice of Nigeria, Hon. Justice Aloysius Katsina-Alu, GCON, instructed him to direct the Sokoto Gubernatorial Appeal to dismiss the appeal by the Democratic People’s Party of Nigeria is not true.”

Justice Salami’s gross against the CJN is that he acted promptly by suspending proceedings at the appeal tribunal so that allegations of bias and the insinuations that the judgement of the appeal which was to be delivered was leaked can be investigated after Salami refused the CJN’s advice that he should do same. Salami in similar circumstance had disbanded an appeal panel Enugu, why is that of Sokoto different?

The CJN had, following the petition by Yahaya Mahmood and Mr. Alfred N. Agu  against Justice Salami and the Justices of the Court of Appeal, who sat on the appeal arising from the verdict of the Sokoto governorship election dispute  to the CJN alleging bias in the handling of the matter and that the outcome of the judgement which was billed to be delivered was leaked. On the receipt of the petition, the CJN was said to have called on the PCA and informed him on the need to disband or suspend the case until the matter is investigated, but Salami was alleged to have refused.

The CJN in order to uphold the trust in the judiciary was said to have written letters dated February 18 and 19, 2010, by which he asked Salami to put on hold the delivery of judgment on the Sokoto governorship election appeal pending the investigation of the petition at hand. Justice afterward went out with his affidavit where also accused the CJN of trying to influence the outcome of that judgement. As God will have it, the CJN has been exonerated. However instead of meting stiff punishment on the PCA for gross misconduct the NJC is treating the matter with kid gloves by merely asking him to apologise to the CJN.

It is based on this that I support the call by the Justice and Integrity Group that the Attorney General of the Federation and Minister for Justice, Muhammed Bello Adoke [SAN] should exercise his constitutional powers under section 174  (1) (a), to institute a criminal case of perjury against the President of the Court of Appeal, Justice Ayo Salami for lying on oath. I also support the body’s request that having been found guilty of gross misconduct by the NJC which is the disciplinary body for judicial officers, Justice Salami should honourably resigned from office because he is no longer a fit and proper person to hold the office.

The body’s call on the NJC to be courageous enough to review its decision of directing Justice Salami to apologize to the CJN to dismissal so as to serve as a deterrent to others was also apt. By its failure to mete out appropriate punishment in this case, it is setting a dangerous precedent. What happened to cases of misconduct by some justices of appeal court and other judicial officers who were investigated and dismissed in the past? Will the NJC review their case and have them return to the bench?

Akinyemi wrote in from Kurudu, Abuja.