Saturday, February 5, 2011

Rumble in the Bench: You can’t push me out of Appeal Court

 


…Salami, court president, tells Chief Justice
By Jide Ajani, Editor, Northern Operations& Innocent Anaba
The nation’s Bench appears to be rumbling after the president of the Court of Appeal, Justice Isa Ayo Salami, rejected his promotion to the Supreme Court by the Chief Justice of Nigeria (CJN), Justice Aloysius Katsina-Alu.
Justice Isa Ayo-Salami
Salami insinuated an “unholy move” to push him out of the Appeal Court, saying he preferred to remain in the “Court of Appeal to continue to give service to the nation to the best of my ability”. He also spoke of the presumption to replace him with the CJN’s minion or stooge, warning  Katsina-Alu against creating  a “dangerous precedent which may give rise to chained reactions”.
The Court of Appeal president’s rejection of his promotion to the Supreme Court which, according to him, “has no precedent in our legal history”, is contained in a letter to the CJN, dated 4 February 2011.
A Federal Judicial Service Commission source lent credence, yesterday, to Salami’s action, saying that the process of his elevation was irregular, hinting that a meeting of the Commission slated for Wednesday may discuss the issue.
The Appeal Court president’s letter to the CJN reads: “A few months ago, I heard of rumours going round that plans have been hatched in certain quarters to remove me from the post of President of the Court of Appeal. My reaction then was to dismiss these rumours as the talk shop gossip emanating from idle gossipers or mischief makers.
“Regretfully enough a few days ago, precisely on 2nd February, 2011 when I returned to Abuja from Ilorin where I had gone to attend the 8th day Fidau prayer of an aunt, information got to me that at the meeting of the Federal Judicial Service Commission held on 1st and 2nd February 2011, what was thought to be a rumour became a subject of serious discussion initiated by the Hon. Chief Justice of Nigeria.
“I was given to understand that even though the subject was not part of the agenda of the day, Your Lordship characteristically informed honourable members of the Council of your proposal to strengthen the Supreme Court by moving me to the Court and presumably to replace with your minion or stooge. It was sadly not deemed fit and proper to discuss the proposal with me.
Perhaps, my view did not count for anything. Neither was it expedient or decorous to place such an important matter on the agenda. No council paper was substituted.
“Interestingly, however, it was alleged that in giving reasons for this disturbing action, the CJN said that the appointment would add value to the Supreme Court. He further assured Council members that I would not lose my seniority. I regret to say that I am not taken in.
I am contented with being the President of the Court of Appeal. Indeed it is common knowledge that I had even in a more auspicious moment, declined for good reasons to be appointed to the Supreme Court. Nothing has changed since then. I prefer to remain in the Court of Appeal to continue to give service to the nation to the best of my ability.
“Finally, I prefer to follow in the wake of my worthy predecessors who inspite of their experiences retired as President of the Court of Appeal with their honour and reputation unsullied. The present unholy move to push me out of the Court of Appeal for whatever reason has no precedent in our legal history. I do not therefore think that it will be fair for the Chief Justice of Nigeria to seek to create a dangerous precedent which may give rise to chained reactions.
“Needless to say that the environment is already over heated and in a state of flux. Let no one do anything to disrupt the status quo. Nigeria is after all greater than all of us.
“I remain loyal and committed to the Federal Republic of Nigeria and the oath of my office.”
Alleged Irregularity
Meanwhile, a source close to the Council of the  Federal Judicial Service Commission, told Sunday Vanguard that the process of elevating Salami was entirely irregular, even as a meeting of the Council slated for Wednesday may put the issue on the agenda.
According to the source, the Salami issue  was not even listed on the agenda of the meetings of  February 1 and 2, 2011, where it was brought up by the CJN.
The source added that, like any elevation of such nature, the candidate’s name must be forwarded to the Federal Judicial Service Commission, which would screen the candidate, but that in the case of the Appeal Court president, nothing of such happened, vowing that the move would be resisted.
“It is like awarding the rank of Senior Advocate of Nigeria to a person, who, not only did not apply, but was also not screened. We will certainly oppose the move,” the source added.
Cordial Relationship
Sunday Vanguard learnt that although there are vacancies at the Supreme Court, the appointments ought to come from other geopolitical zones other than the north central where Salami hails from.
A source alleged that the Appeal Court president does not enjoy a cordial relationship with Katsina_Alu notwithstanding that both were said to be classmates at the law school.
Salami and Katsina_Alu were said to have parted ways when Salami constituted a panel to hear  an appeal from the Sokoto governorship election tribunal. The appeal panel had reportedly prepared a judgment which would have removed the incumbent governor of Sokoto State, Alhaji Aliyu Wamako.
The intervention of some justices of the Supreme Court reportedly settled the disagreement between the two.
It was also under Salami’s watch that two Peoples Democratic Party’s governors, Olusegun Oni and Olagunsoye Oyinlola of Ekiti and Osun State s respectively were removed by the Appeal Court.

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