Storm gathers over move to scuttle Salami’s recall

Sunday Trust reliably gathered yesterday that the plan, which has already been kick-started with the recent upsurge of court cases against Salami, would further divide and polarize stakeholders in Nigeria’s judiciary if not checked.  Two separate suits seeking to stop the reinstatement of Salami were filed last week.   A lawyer, Wilfred Okoli and another […]

Sunday Trust reliably gathered yesterday that the plan, which has already been kick-started with the recent upsurge of court cases against Salami, would further divide and polarize stakeholders in Nigeria’s judiciary if not checked.  Two separate suits seeking to stop the reinstatement of Salami were filed last week.

 

A lawyer, Wilfred Okoli and another Abuja-based lawyer, Noah Ajare, had filed a suit at the Federal High Court, Abuja, to stop President Goodluck Jonathan from acting on the recommendation of the NJC, that Justice Salami be restored to the position from which he was suspended last August.

Penultimate Thursday, the NJC recommended to President Jonathan to approve the reinstatement.

Speaking with Sunday Trust yesterday in Lagos, a Professor of Law, Prof. Alfred Bamdele Kasunmu (SAN) declared that President Jonathan is playing politics with the recommendation of the NJC.

The Law professor said, during an exclusive interview, that ‘it does not take the President a day to act on the recommendation of the NJC since the same NJC that recommended the suspension has now recommended his recall’.

In a separate interview over the weekend, the Ijaw leader Chief Edwin Clark said the President has no choice but to act on the advice of the NJC and recall Justice Salami since there are three arms of government.

He, however, pointed out that the issue was not a political matter since the NJC that recommended Salami’s suspension has now recommended that he should be reinstated, hailing the Chief Justice of Nigeria (CJN) Justice Dahiru Musdapher for his demonstration of capability to bring stability to the judiciary.

“Many people have attempted to bring politics into Salami’s case, but it is a straightforward case. The NJC which is charged with the discipline of judges recommended the suspension and has now recommended the reinstatement, the President has no choice. The President cannot interfere with the judiciary; this is not a political issue. So, I was surprised when I see people demonstrating in Ekiti,” Clark said.

Also speaking with Sunday Trust yesterday, a re-known constitutional lawyer, Chief Fred Agbaje, said that President Jonathan should reinstate Justice Salami immediately. He said justice would only be seen to have been done to him if the president speedily approves his reinstatement in the same manner he did to remove him from office nine months ago.

However, Mr Jibrin Okutepa (SAN) expressed belief that Salami should not be reinstated pending the determination of all suits relating to the suspended President of the Court of Appeal.

Okutepa, who cautioned President Jonathan against the implementation of the latest NJC recommendations on Salami, said the point that he (President) heeded the first advice did not make it automatic for the President to do the same thing on the latter case.

He queried the decision of Salami to take the former Chief Justice of Nigeria (CJN) Justice Aloysius Katsina-Alu to court over his elevation to the Supreme Court.

“The President must be very careful in reinstating Salami. Justice is rooted in confidence….Will it be proper for Salami himself to come back to the judiciary having desecrated the same institution by the conduct he exhibited?

“There are millions of questions unanswered. Nigerians are people who act on sentiments rather the core issues involved. Was it right for Honourable Justice Ayo Salami to have gone to the Court to stop the purported appointment?

“Will he not have assumed the position before considering that he was being elevated against his will?  Would it not have been right, polite and dignified for him to go before the Senate and say I decline the offer?

“Where has the President of the Court of Appeal in any Commonwealth country goes to Court against the Chief Justice of Nigeria? Where? Can anyone among those clamouring that he should be recalled tell us? We are students of history,” Jibrin queried.