*Jonathan weighs options as the politics of reinstatement rages on
BY IKECHUKWU NNOCHIRI
Is President Goodluck Ebele Jonathan in danger of further creating more muddle than there already is within the Nigerian judicial system with his delay in the reinstatement of Justice Isa Ayo Salami as recommended by the National Judicial Council, NJC? Yes and No.
Yes because some Nigerians are expecting him to, with the same speed of light with which he removed Salami from office, reinstate him as recommended.
However, the flipside of the coin is that would the reinstatement of Salami not create doubts in some circles whenever he presides over a case as possibly going to have sympathy for the opposition?
That, in fact, is what brings us to the matter of justice being supposedly blind, impartial and powerful. A symbol of an ancient Roman goddess named ‘Justitia’ represents these concepts in our legal system. The goddess bears a sword (power), wears a blindfold (impartiality) and holds scales that represent fairness and equality. Remarkably, this image has been used to represent justice for hundreds of years, even before Nigeria was amalgamated in 1914.
Nonetheless, the cyclone of controversies that permeated our legal system in recent times has raised a lot of questions pertaining to the level of fair-mindedness and non-partisanship of those manning the justice sector of the Nigerian nation.
The travails of the President of the Court of Appeal, Justice Isa Ayo Salami, vis-à-vis the uncanny role that has been played by the National Judicial Council, NJC, in probing alleged judicial recklessness by a former Chief Justice of Nigeria, CJN, Justice Aloysius Katsina-Alu, has further served to fan the embers of distrust between the judiciary and the common man.
If the judiciary could treat one of its own that way, where then lies the hope of the pedestrian!
The NJC which is one of the Federal Executive Bodies created by virtue of Section 153 of the 1999 Constitution of the Federal Republic of Nigeria, had after an emergency rowdy session it held on August 18, 2011, axed Justice Salami, saying he should hand over to the most senior judicial officer at the appellate court.
What was his crime? The PCA, attempted to unveil one of the ugliest skeletons in the presumed sacred temples of the judiciary, by publicly accusing a sitting CJN of judicial impropriety.
Specifically, the PCA had in an affidavit he deposed before a Federal High Court in Abuja, revealed how the erstwhile CJN, Katsina-Alu, pressurized him to enter judgment in favour of the governorship candidate of the ruling Peoples Democratic Party, PDP, in Sokoto State.
Relationship between the duo who were classmates in the law school, soured after the PCA, blatantly refused entreaties by the ex-CJN that the panel of justice presiding over the case be disbanded as they were bent on nullifying the election of the PDP governor.
Though the Appeal Court had absolute jurisdiction over governorship appeal at that time, however, Katsina-Alu, wielded his powers and arrested the ready verdict of the Sokoto Division of the Appellate court, and subsequently entered judgment in favour of the PDP.
However, thence commenced the tribulation of the PCA!
To get back at the PCA for refusing to “play ball”, Katsina-Alu allegedly hatched plans to technically humiliate Salami by “pushing” him to the Supreme Court Bench, where in terms of judicial hierarchy, he would automatically become the least justice on the revered apex court Bench.
Upon getting wind of the uncanny plot to use him to fill the vacant slot of the South West geopolitical zone at the Bench, Salami, proceeded to court, describing his planned elevation as a “Greek Gift.”
Angered by the subterranean plot of Katsina-Alu, the PCA, via an affidavit he personally deposed to before a Federal High Court in Abuja, gave a bit-by-bit account of how the ex-CJN pressurized him to compromise standard in the Sokoto State election saga, saying it was the reason behind the conspiracy to “push” him to the apex court.
Meanwhile, to save the judiciary from imminent ridicule, NJC, urged Salami to withdraw the case, just as it constituted a panel to probe the feud between the warring parties.
Justice Isa Ayo Salami and President Goodluck Jonathan
The said probe panel which was headed by a former PCA, Justice Umaru Abdullahi, found Salami guilty, even as a review committee headed by the Chief Judge of the Federal High Court, Justice Ibrahim Auta, affirmed the decision, recommending that Salami should be asked to apologize to both the council and the ex-CJN.
Meantime, Salami who was cross-examined by the probe panel, insisted that the present CJN, Justice Dahiru Musdapher, was privy to the meeting where Katsina-Alu was begging him to alter the course of justice in Sokoto State, a claim Musdapher who was not a CJN then, refuted.
Following refusal of the PCA to recant his allegation, the NJC while announcing his suspension via a statement signed by its Director of Administration, Mr. E.I. Odukwu, maintained that: “having therefore established that the allegation/complaint by the President, Court of Appeal, Hon. Justice Isa Ayo Salami, OFR, against the Chief Justice of Nigeria, Hon. Justice Aloysius Katsina-Alu, GCON, regarding the Sokoto Gubernatorial Election Appeal was false, Council decided that it is misconduct contrary to Rule 1(1) of the Code of Conduct for Judicial Officer of the Federal Republic of Nigeria.
“Thus Council further decided as follows, that, (1) the Hon. President of the Court of Appeal should be warned for such unethical conduct which eroded the public confidence in the integrity and impartiality of the Judiciary.”
Among those who celebrated Salami’s suspension were former governors of Ekiti and Osun states, Chief Segun Oni and Prince Olagunsoya Onyilola, who were both sacked from office my separate appeal panels that were constituted by the PCA.
That was where President Jonathan entered the fray. It was a sweet relief for the President, who was at that time, finding it difficult to convince the presidential election petition tribunal panel headed by Justice Salami, to dismiss a petition that was lodged against his election victory by the Congress for Progressive Change, CPC.
Meanwhile, nine months after the NJC persuaded President Jonathan to appoint Justice Dalhatu Adamu as acting President of the Court of Appeal, it has suddenly realised its sins and has okayed that Salami be recalled from the judicial-Siberia where he was erroneously confined, especially whilst the major election petition cases lasted!
Though the Council has kept absolute mum regarding circumstances that precipitated the suspension of Salami, the decision that culminated in the reinstatement was reportedly brokered at a 2-day rowdy session the council held in Abuja last week.
Though the Council has kept absolute mum regarding circumstances that precipitated the suspension of Salami, the decision that culminated in the reinstatement was reportedly brokered at a 2-day rowdy session the council held in Abuja last week.
It was said that despite vehement protestations by a faction of the council against Salami’s recall, after a voting session that saw those in favour of the decision securing marginal victory, the CJN, Justice Musdapher, okayed that President Jonathan should be formally notified. Despite controversy and kicks emanating from various political hemispheres in opposition to the reinstatement proposal, a cross section of Nigerians have hailed the NJC for the unparalleled courage it exhibited by admitting its error in judgement and seeking public recompense.
What is however in doubt is the willingness of the presidency to act on the recommendation bearing in mind that Salami was perceived as an obstinate justice whose sympathy often tilted towards the opposition parties. Well, the questions to ask are: Is that tilt towards the opposition justifiable, within the context of the barefaced electoral brigandage almost always associated with the PDP? The judicial victories of the opposition against the PDP, can they stand the test of time in law? Has Justice Salami been perverting the cause and course of justice in giving victory to the opposition?
Moreover, the pessimism of those afraid that Jonathan may rather prefer retiring the suspended PCA than recalling him was further accentuated by confusion that has trailed the transmission and receipt of the NJC recall letter by the Presidency.
Whereas it reportedly took over five days for the letter which was even at a time, feared missing, to get to the presidency, no action has been taken on it.
This is really weird, considering that it took just about 24-hours after the NJC recommended the suspension of the PCA, for Jonathan to okay the decision by approving the appointment of an acting PCA.Though it may be argued that recalling Salami may tantamount to prejudice owing to some pending cases in court, however, it is also instructive to note that both the suspension and replacement of the PCA took place at a time when High Court was already seized of the facts of the case.
It is an elementary legal maxim that he who goes to equity must do so with clean hands! As it is said in law, “Justicia Cunctator est Justicia Denego” meaning “Justice delayed is justice denied.”
