Salami to know fate on September 7

Suspended President of the Court of Appeal, Ayo Salami.

The next move of the suspended President of the Court of Appeal, Ayo Salami, who is asking the court to set aside the decision of the National Judicial Council (NJC) suspending him from office, will remain unknown till September 7, as a Federal High Court in Abuja on Wednesday adjourned the matter till that date, for mention.

Mr Salami had filed a motion on notice praying the court to set aside the decision of the National Judicial Council, the 1st Defendant in the suit, reached on 18th August, 2011 purporting to suspend the applicant from office as the President of the Court of Appeal; recommending the applicant to Mr President to be retired from service and also directing the applicant to hand over to Justice Dalhatu Adamu.

Also, Mr Salami asked for “an order nullifying or setting aside any action or steps taken or being taken in the implementation or further implementation of the said decision” and for “an order generally restoring the status quo ante as at the date the said decision was taken by the 1st Defendant/Respondent.”

The defendants in the suit are: the Deputy Chairman of the NJC, NJC’s fact-finding committee, Justice Umaru Abdullahi, Justice Emmanuel Ayoola, Justice Dominic Edozie, Justice Michael Akpiroroh, Rakia Sarki Ibrahim, Justice Ibrahim Ndahi Auta, Justice Kate Abiri and Justice Peter Umeadi.

Yesterday, the counsel to Mr Salami, Akin Olujimi told the court that the plaintiff had three applications before the court namely: a motion ex-parte, a motion on notice for interlocutory injunction as well as the motion filed on August 22, 2011.

He said the third motion, which was asking the court to set aside the decision of the NJC to suspend Mr Salami; its recommendation to President Goodluck Jonathan as well as the appointment of the Acting President of the Court of Appeal, Justice Dalhatu Adamu, was necessitated by the fact that the NJC went ahead to suspend the plaintiff even though there was a pending motion for interlocutory injunction, which was duly served on the Council. He, therefore, prayed the court to hear the third motion first, due to its urgency.

Counsel to the NJC, Aliyu Saiki, argued that it will be in the interest of justice for the other 10 defendants to be served before any step is taken on the matter. He submitted that, “if the plaintiff insists on going on with the third motion, the 1st defendant will have no option in the circumstance but to ask for an adjournment”, even as he asked for the withdrawal of the ex-parte motion, since the defence was already in court; a position that was conceded to by the plaintiff counsel.

In his ruling, presiding Judge Donatus Okorowo held that, the motion was not ripe for hearing, since the 5th to 11th defendants were yet to be served, and also because the plaintiff intended to apply for the processes to be pasted on the premises of the NJC. He held thus, “motion is not ripe for hearing. By consent of all counsel, the case is adjourned till September 7 for mention.”

Punishment for disrespect

It would be recalled that Mr Salami was suspended by the NJC following his disregard of the Council’s directive to tender apologies to the NJC and the Chief Justice of Nigeria (CJN), Aloysius Katsina-Alu.

The council, at the end of its seventh emergency meeting, headed by Abubakar Bello, President of the Customary Court of Appeal, which effected the suspension with immediate effect, also recommended Mr Salami for retirement from the Federal Judicial Service Commission with immediate effect.

The Council in its resolution sent a recommendation to President Jonathan to retire Salami from service with immediate effect.

Mr Salami was directed by the Council to hand over all the property of the appellate court in his possession to the most senior justice of the court.

A statement signed by Eugene Odikwu, NJC Director of Administration, at the end of the 7th emergency meeting of the council, announced the suspension.

The statement read: “Pursuant to the powers conferred on the National Judicial Council in the Constitution of Nigeria, 1999 as amended, Hon. Justice Isa Ayo Salami, OFR, President of the Court of Appeal has been suspended from office with effect from today 18th August, 2011.

The decision was reached at the 7th Emergency Meeting of the Council held on 18th August, 2011.

The decision reached at the National Judicial Council further directs that Hon. Justice Salami should hand over the affairs of the Court of Appeal to the next most senior justice of the court.

”

President Jonathan, acting on the advice of the NJC, asked Mr Salami to proceed on suspension and appointed Dalhatu Adamu as acting President the Court of Appeal.