WITHOUT prejudice to the suit filed by the President of the Court of Appeal, Justice Ayo Isa Salami, challenging the composition of the probe panel, which investigated allegation of abuse of office and judicial misconduct, the National Judicial Council (NJC) yesterday suspended him for refusing to apologise to the council and the Chief Justice of Nigeria, Justice Aloysius Iyorgher Katsina-Alu.
The said panel had found him guilty of perjury when he swore to an affidavit that Katsina-Alu asked him to pervert justice in the then Sokoto State Gubernatorial election appeal panel and ordered him to within seven days apologise to NJC and the Chief Justice.
But Salami challenged the competence of the panel, which he said was handpicked by the CJN and went to court to seek to quash its report.
But contrary to expectation, the suit did not deter NJC from taking disciplinary step against Salami for his perceived defiance.
The council in a statement signed by the council's Director of Administration, Mr. E.I. Odukwu directed Salami to handover to the next most senior justice of the Appeal Court.
The statement read: "Pursuant to the powers conferred on the National Judicial Council in the Constitution of the 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 was 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.
Meanwhile a recommendation has been forwarded to the President, Dr. goodluck Jonathan to retire him from service."
The council did not make any reference to the suit filed by Salami at the Federal High Court in Abuja, wherein he is challenging the report of the Justice Umaru Abduallahi panel which investigated him and Katsina-Alu for alleged misconduct.
Another sub-committee of the NJC, headed by the Chief Judge of the Federal High Court, Justice Ibrahim Auta recommended that Salami should tender a written apology to both Katsina-Alu and the council.
The Auta's committee also recommended that Salami be cautioned. A letter of caution had already been sent to him.
In arriving at its decision, the council based on the Auta's panel recommendation found Salami in breach of Rule 1(1) of the Code of Conduct for Judicial Officers. The Rule provides: Rule 1 "A Judicial Officer should avoid impropriety and the appearance of impropriety in all his activities. (1) A Judicial Officer should respect and comply with the laws of the land and should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."
Salami refused and headed for the court. In the suit, Salami is asking the Federal High Court in Abuja to set aside the proceeding and findings of the investigation panel headed by Justice Umaru Abdullahi retired and the recommendation of the panel headed by Justice Ibrahim Auta.
He asked the court to declare that the setting up of the NJC Investigation Committee and its composition were in gross violation of the principles of natural justice, and his constitutionally guaranteed right to fair hearing under Section 36 of the Constitution of the Federal Republic of Nigeria 1999(as amended) and is therefore unconstitutional, null and void.
He listed as defendants the following: the National judicial Council; Hon. Justice Dahiru Musdapher; Hon. Justice Aloysius Katsina-Alu; Hon. Justice Umaru Abdullahi; Hon. Justice Emmanuel Ayoola; Hon. Justice Dominic Edozie; Hon. Justice Michael Akpiroroh; Mrs. Rakia Sarki Ibrahim; Hon. Justice Ibrahim Ndahi Auta; Hon. Justice Kate Abiri; and Hon. Justice Peter Umeadi.
Senior Advocates of Nigeria (SANs), namely Chief Akin Olujinmi, Rickey Tarfa; and Chief Adeniyi Akintola filed the case on behalf of Justice Salami.
In a swift reaction, Salami's legal team said: "The legal team of the President of the Court of Appeal (PCA), Justice Isa Ayo Salami, OFR, was shocked to hear that the National Judicial Council (NJC), the first defendant in a suit instituted by the Hon. PCA against the NJC and other defendants, of which NJC had fore-knowledge, has gone ahead to act on the matter.
"That NJC had fore-knowledge of the suit was clear by its advertisement in newspapers of Thursday 18 August 2011, especially in the Nigerian Tribune, on pages 48 and 49, in which the NJC Administrative Secretary admitted and unequivocally confirmed the receipt of the suit papers.
"In the light of all these, we in the legal team of Hon. Justice Ayo Salami find the decision of the NJC to go ahead and take action against our client, in spite of the pendency of the action in court, as very, very unfortunate.
"In the meantime however, we want to assure the general public and Nigerians, both at home and abroad, that our client, Hon. Justice Salami, President of the Court of Appeal, has instructed us to go ahead and challenge this dire in fraction of the law by a body supposedly charged with the responsibility of protecting same.
"That instruction shall be carried out by us to the letter.
It was signed by Chief Akin Olujimi (SAN), Chief Ricky Tarfa (SAN), Chief Adeniyi Akintola (SAN), Chief Emeka Ngige (SAN) and Chief Adebayo Adelodun (SAN).
The Guardian