IMMEDIATE past President of the Court of Appeal, Justice Ayo Isa Salami, yesterday asked the Federal High Court, Abuja Division to join President Goodluck Ebele Jonathan in the suit, which he filed against the National Judicial Council (NJC), challenging the report of its Probe Panel that indicted him for perjury and misconduct.
The hearing into the suit commences today as it has been assigned to a vacation judge, Mr. Judge Donatus Okorowo. But under the rules, except all parties concede no matter can be taken by a vacation judge.
Meanwhile, the partisan dimension of the public fury trailing Salami's suspension was palpable in the comments of the Action Congress of Nigeria (ACN) and the Peoples Democratic Party (PDP) in the South-West yesterday.
While ACN in the zone declared that the judiciary had failed Nigerians because of its handling of the matter, the PDP described as shameful a protest organised in Ado-Ekiti by the Conference of Nigerian Political Parties (CNPP) against Salami's removal. The party said it was clear to all that it was the ACN masquerading as CNPP to hold such a protest, adding that Salami ought to be facing trial over alleged miscarriage of justice.
In the application brought under Order 56 of the Federal High Court rules, Salami seeks to void the recommendation for his suspension made by NJC and the consequent approval by President Jonathan.
The substantive suit seeks the following reliefs:
• An order setting aside the decision of the 1st defendant (NJC) 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 that the applicant to hand over to Hon. Justice Dalhatu Adamu;
• an order nullifying or setting aside any action or steps taken or being taken in implementation or further implementation of the said decision; and
• an order generally restoring the status quo ante as at the date the said decision was taken by the 1st defendant/respondent.
In a statement yesterday, the ACN Director in the South-West, Ayo Afolabi, said the feud between Chief Justice of Nigeria (CJN), Aloysius Katsina-Alu and Salami was a test case for the judiciary, which it poorly handled.
Afolabi said: "In the scenario presented by this case, the outgoing Chief Justice of Nigeria, Justice Katsina-Alu, who by virtue of his position as the chairman of the National Judicial Council (NJC), is the accuser, the prosecutor and the judge in his own case. It has been a major test case at the apex of the nation's judiciary and the returned verdict, in one voice, is failure."
The party also berated President Goodluck Jonathan over the appointment of Justice Dalhatu Adamu as the acting President of the appellate court.
Afolabi said the action of the President not only casts a thick cloud over his "good-boy" image, it depicts a travesty of justice.
In Ado-Ekiti, hundred of youths took to the streets to protest the removal of Salami as the President, Court of Appeal.
The protesters that were co-ordinated by the (CNPP) along with Artisans and Motorcycle Association of Nigeria, described the sack of Salami as dangerous for Nigerian democracy.
The placard-carrying protesters, who gathered at Fajuyi Square at 8.00 a.m., poured invectives on Katsina-Alu and members of the NJC over the removal of Salami, positing that the step was politically-contrived to rid the system of credible judicial officers.
The state Chairman of the CNPP, Mr. Tunji Ogunlola, who read the communiqué at the Governor's Office, demanded the immediate recall of Justice Salami to his duty by Jonathan.
Governor Kayode Fayemi, who received the protesters, said the last had not been heard about the action of the NJC, assuring that such judicial coup would not be allowed to stand.
The Conference commended the Inspector-General of Police, Mr. Hafiz Ringim, for restoring Salami's Police escorts despite the attempt of the NJC topnotch to strip him of security and make him vulnerable.
The Guardian