NBA withdraws from NJC, faults Jonathan's action
Soyinka seeks part-time legislature
PRESIDENT Goodluck Jonathan's approval of the removal at the weekend of Justice Ayo Salami as the President of the Court of Appeal yesterday came under criticisms from political parties, lawyers and the civil society.
Also strongly condemned by the stakeholders was the appointment of Justice Dalhatu Adamu as the appellate court's Acting President. The firing and hiring breached the Constitution, the stakeholders argued.
The Nigerian Bar Association (NBA) accused Jonathan of abuse of rule of law and due process by the abrupt appointment of Adamu as Salami's successor
The association said it had resolved to be more proactive and vociferous in the battle against what it described as self-centred, reactionar forces, "who in conspiracy or collusion seek to undermine the very fabric of the state: Good governance, rule of law, separation of power, and an independent judiciary." It ordered its members in NJC not to participate until further notice in the Council's activities.
NBA President, Joseph Bodunrin Daudu (SAN) stated this yesterday at the opening ceremony of the association's yearly conference in Port Harcourt, Rivers State.
A group, the Socio-Economic Rights and Accountability Project (SERAP) went beyond condemning the President's action to filing a suit in court, seeking its reversal.
To the Action Congress of Nigeria (ACN), Jonathan violated his oath of office by appointing Adamu as Acting President of the Court of Appeal, even when "there is no vacancy in the office and the whole process failed to meet constitutional stipulations."
Some lawyers under the platform of the Coalition of Civil Society Organisations in Port Harcourt, River State yesterday staged a peaceful protest at the venue of the ongoing NBA conference over the alleged breach of rule of law by the National Judicial Council (NJC) in suspending Salami and recommending him for retirement, which Jonathan had endorsed.
The coalition made up of Lawyers of Conscience, Social Action and the Youths of the Country, described the NJC's recommendations as disappointing and demanded for the immediate dissolution of the Council.
But the International Society for the Civil and the Rule of Law (Intersociety) urged proper investigation into the judicial imbroglio between the outgoing Chief Justice of Nigeria, Justice Aloysius Katsina-Alu and Salami.
It said in Awka, Anambra State yesterday that the crisis had been badly politicised, accusing them of being card-carrying members of some political parties.
Amid the protests, Justice Katsina-Alu yesterday swore in Justice Adamu as the Acting President of the Court of Appeal.
In a statement yesterday, the Deputy Director at the Supreme Court, Mr. Akande Festus, said: "Justice Dalhatu Adamu was sworn in at exactly 8.40 a.m. on Monday, August 22 in the Supreme Court of Nigeria in acting capacity, as the former incumbent, Justice Ayo Isa Salami, was suspended from office by the National Judicial Council (NJC) on Thursday, August 18, 2011."
Akande quoted Katsina-Alu as admonishing the Acting President "to be forthright and focused as no one is a repository of wisdom."
He also advised Adamu to "listen to wise counsel and follow the dictates of his conscience and Constitution of the Federal Republic of Nigeria."
Present at the NBA confab were the Governor of Rivers State, Chibuike Amaechi, Prof. Wole Soyinka, Adekunle Adeyemi, who represented the Speaker of the House of the Representatives, Attorney-General of the Federation and Minister of Justice Mohammed Bello Adoke (SAN), former presidents of the NBA, and over 5,000 lawyers.
Daudu recalled that the NBA National Executive Committee had on Sunday advised Jonathan that because of the pending suit by
Salami against the NJC, he should decline to act on the Council's advice and order the NJC to revert to status quo ante. "But regrettably two hours after NBA resolutions were made public, the President appointed Justice Adamu.
"What is significant is that once again the President has lost a clear opportunity to range himself on the side of due process and rule of law. As stated earlier, these measures only reinforce our resolve not to be cowed or overwhelmed," he said.
Daudu announced the immediate withdrawal of all members of the Bar from the NJC because its participation had been unproductive, cosmetic and merely a veneer of legitimacy for unwholesome policies of the administration of justice in the country by the judiciary's highest authority.
The NBA President said when he assumed office, he raised an alarm over the pervading corruption in the country, particularly in the judiciary, noting that judges even at the highest levels were not only corrupt but incompetent and ignorant, "but I was castigated for this observation."
According to him, "events since then leading to the face-off between the Chief Justice of Nigeria and the President of the Court of Appeal have proved the Bar correct."
Daudu asserted that the danger in this is that once the third arm of government shows sign of deep rooted cracks; it follows that if urgent restorative steps are not taken, the entire edifice will collapse.
He asserted that while an efficient and incorruptible judiciary would guarantee a vibrant, just and egalitarian society, a crooked, corrupt and inefficient judiciary would promote disunity, insecurity, anarchy and strife in the polity.
The NBA boss noted that the face-off between the CJN and Salami had eroded the confidence of Nigerians in the judiciary. He however, reassured that the Bar's understanding of hallowed constitutional and legal principles would not be in vain.
He declared that never again, should any authority in Nigeria, particularly judicial institutions which ought to know better, undermine the hallowed principles of the rule of law and due process.
Daudu recalled that during the avoidable military interregnum, which came with the culture of totalitarianism and absence of constitutionalism, the Bar was in the forefront of the very perilous battle against the culture of undemocratic governance, unbridled and unrepentant regime of ouster clauses in legislation and disobedience of court orders.
On the proposed constitutional amendment, Daudu lampooned the Senate for supporting it and insisted that the decision to amend the constitution must proceed from the people and not from elected politicians like the President.
Soyinka, in his keynote address: "Sustaining an enduring democracy," noted that the 1999 Constitution, which was a product of a military mafia was never intended for a nation that truly wants to democratise.
He recommended that Nigeria should adopt a system that decentralises power and part time representative. According to him, the current political structure of the country is lopsided, anti democratic and inflicted with moral and physical bankruptcy.
Amaechi described the practice of true fiscal federalism as a panacea to an enduring democracy. He accused the judiciary of supporting the enactment of various obnoxious laws and called for self-cleansing.
Adoke urged the Bar to continue to protect free speech and independence of the judiciary.
In a statement issued in Lagos yesterday, the ACN National Publicity Secretary, Alhaji Lai Mohammed, said the President's action, which is "clearly subjudice, amounts to a repudiation of the oath he took to protect the constitution of Nigeria and uphold the rule of law."
The party said the action had confirmed speculations that the President might have been secretly pushing for the removal of Justice Salami through some "hawks in the NJC over fears that the petition by the Congress for Progressive Change (CPC) presidential candidate, Muhammadu Buhari - which is being handled by the Court of Appeal – may go against him (Jonathan)."
The ACN said apparently the last straw for Jonathan was the strong stance of the NBA, which asked the President to ignore NJC's recommendation on the retirement of Salami, adding: ''Indications are that the unequivocal action of the NBA jolted the President to act quickly to effect Justice Salami's removal, in line with the prepared script.''
The party said Jonathan exhibited executive recklessness when he acted on an issue that is pending before the court and also relied on a section of the Constitution that deals with appointment, rather than removal, to get rid of Salami.
''By rushing to remove Justice Salami on the strength of Section 238, the President has committed the same faux pas as the NJC clique and violated the Constitution. He has filled a post in which no vacancy exists, and allowed himself to be guided by political expediency, rather than the provisions of the Constitution,'' it said.
SERAP in the suit it filed at the Federal High Court, Ikeja, against the Federal Government and the NJC, argued that Salami's suspension and removal were unlawful.
The group in the suit brought under the Fundamental Rights (Enforcement Procedure) Rules 2009, the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights, which it filed yesterday through Adetokunbo Mumuni, listed President Jonathan, Adoke and the NJC as defendants.
In the suit marked FHC/IKJ/CS/174/211 and supported by a 17-paragrap affidavit sworn to by Adetola Adeleke, a litigation clerk, SERAP sought an order directing the respondents individually and/or collectively to grant to Salami the right to an effective remedy, including restitution and adequate compensation for the violation of his constitutional and internationally recognised human rights.
No date has been fixed for the hearing of the suit.
Spokesmen of the coalition that stormed the NBA meeting, Che Oyinatumba, Celestine Akpobari, and Debo Adeniran, said it was disheartening that the NJC, which ought to be the vanguard and bulwark of rule of law and judicial integrity adopted a cavalier method to redress its grievances.
Based on the above, the group demanded that a probe be conducted into the affairs of NJC and every other individual who contributed to the unfortunate judicial recklessness and be sanctioned accordingly.
The Guardian