NJC denies suspension of Katsina- Alu, Salami

The National Judicial Council on Thursday denied newspapers reports that it had suspended the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu, and the President of the Court of Appeal, Justice Isa Salami.

The development came just as the NJC challenged the Independent National Electoral Commission and political parties to forward petition against any judge who allegedly granted frivolous ex -parte orders.

The NJC added that in the absence of any petition, it would not interfere in the judicial functions of any judge in the country.

The council disclosed this in a statement by its Secretary, Mr. Danladi Halilu. Halilu further said that the NJC had at its 5th emergency meeting in Abuja deliberated on the various petitions against the CJN, the PCA and some Justices of the Court of Appeal.

He added that after considering all the petitions and the comments by the CJN, the PCA and other justices of the Appeal Court, the NJC decided to constitute a five -man panel to investigate the allegations contained in the petitions.

According to Halilu, the members of the probe panel are the immediate former President of the Court of Appeal, Justice Umaru Abdullahi (the Chairman); a former Chairman of the Independent Corrupt Practices and Other Related Offences Commission, Justice Olayinka Ayoola; Justice D. O. Edozie; Justice M. E. Akpiroroh; and Hajiya Rakiya Ibrahim.

He said, “In view of the number of the petitions involved and the gravity of the allegations contained therein, council gave the panel a time-frame of two months within which to submit its report.

“However, contrary to the media publications, the CJN and PCA were not suspended as members of council, neither was there any disagreement on the list of members of the panel presented. Further, the time-frame given to the panel to investigate and submit its report to the council is not three months as published in the media.”

The NJC therefore advised that all information concerning it, particularly on its deliberations, should be confirmed before publication.

The council further stated that during the meeting, it also considered the provisions of the 1999 Constitution where the NJC was established as the body solely vested with powers, functions and responsibilities to recommend the appointment, removal and to exercise disciplinary control over the entire nation’s judicial officers.

The NJC said while it was conscious of its responsibilities, it reiterated that in the exercise of its constitutional powers to discipline, recommend the appointment and removal of judicial officers from office, it had always been guided by established rules, standards and procedures that must be complied with in obedience to the rule of law.

Speaking on the controversial attempted elevation of Justice Salami to the Supreme Court, the NJC stated that the PCA had withdrawn the suit he filed concerning the advice by the Federal Judicial Service Commission and his letter indicating that he did not wish to be considered for such appointment adding that, “consequently, council decided not to recommend Justice Salami, for such appointment and the matter was therefore closed.”

Meanwhile, the NJC has said that it has deliberated on the complaint by the Chairman of INEC, Prof. Attahiru Jega, and members of some political parties over the alleged abuse of ex-parte orders and conflicting orders by some judges.

It added that the council was yet to receive any petition from aggrieved stakeholders on the issue, saying that the NJC could only act if such complaints were brought to it for necessary action.

The council added that, like his predecessors, the CJN had at different occasions and by various circular letters, warned judicial officers against granting frivolous injunctions, saying that the development was “a misconduct under rule 2a (2) of code of conduct for judicial officers of the Federal Republic of Nigeria.”

The NJC said, “It is on record that eight judicial officers who had granted frivolous ex-parte injunctions in the past were dismissed from service on the recommendation of the NJC.

“The council, however, observed that no specific report, complaint or petition has so far been forwarded to it against any particular judicial officer involved in granting frivolous injunctions and or conflicting orders, to enable it consider and take appropriate disciplinary action in that regard.

“It is to be stressed that in the absence of any proof of misconduct against a judicial officer, council has no power to interfere with his judicial functions.”

The crisis of confidence between the CJN and the PCA began when the latter rejected his controversial ‘elevation’ to the Supreme Court on the grounds that that the elevation was a Greek gift and meant to remove from him from the Appeal Court.

The PCA later filed a legal action before a Federal High Court in Abuja against the CJN and named the NJC, the Federal Judicial Service Commission and the Attorney -General of the Federation as co-defendants to the suit.

But the PCA further claimed in an affidavit he personally deposed to that the CJN asked him to compromise over the controversial Sokoto State governorship tussle. Justice Salami later withdrew the suit, following the intervention of prominent Nigerians just as the elevation was shelved b y the NJC.