One of the wise sayings that never fails to intrigue me, is the tale about the tortoise, that was picked up by a superior force, he begged his captor to allow him a minute of freedom. When this was granted, the tortoise on being let down, went about unearthing and scattering the bushes around.
After he was done, he told his captor to carry on with his captivity. The astonished captor asked the reason for the action, the tortoise replied, that at least passersby will notice that two strong powers fought in that place. When two elephants fight the ground suffers, is a current saying, the testimony of it is the current bashing of the Nigerian legal system thanks to Justice Isa Ayo Salami and Justice Katsina-Alu. (Rtd).
A minor misunderstanding between two erudite jurists, sitting comfortably at the apex of the Nigerian Judicial System, Justice Aloysius Katsina Alu, former Chief Justice of Nigeria and Justice Isa Ayo Salami suspended president of the Court of Appeal has become a huge entanglement dragging to the abyss the whole judicial system.
The brickbats between this two over the outcome of governorship cases during the 2007 general elections in Ekiti, Osun and Sokoto States led to the suspension of the PCA and divided the bench and bar into pro Salami and Pro Katsina-Alu lines. The division did not stop there, the matter has become political with Peoples Democratic Party (PDP) and Action Congress of Nigeria (CAN) at each others jocular. It also raised ethical questions, on the integrity of the bench. At the moment the dust raised before and after August 18th 2011 suspension of Justice Salami has not settled, instead, a huge mudslide is on the way courtesy of the recommended re-instatement of the same Justice Salami. More worrisome is the latest attempt by ACN and the South West to localize the Salamic issue. A pure legal matter has been thrown to market women and Okada riders to adjudicate.
The reported protest in Ado Ekiti by thousands of members of Okada Riders Association, National Union of Road Transport Workers, (Agberos) Market Woman and Youth Groups calls for concern by fair minded Nigerians. The question is who organized this motley of faces and to what end? When has a purely legal matter become subject for motor park adjudication? Well, it is not entirely an unfamiliar picture and it is aimed at arm twisting the presidency into re-instating Justice Salami despite legal obstacles. According to the so called protesters, the president should re-instate salami immediately.
Well, South West ACN governors have a right to press their demand using whatever means that catch their fancy, but, must they in doing so force the president, indeed all Nigerians to agree with them.
Justice Salami's recall like his suspension instead of being normal administrative matter is fast turning a Kiriji war and these people would want President Jonathan, a man who believes in the rule of law and due process to act on hear say or even do the unthinkable by committing contempt of court.
The presidency because of the nature of the office has not taken to the pages of the newspapers in this case, but it is timely to remind those who are demanding for hasty recall of Ayo Salami that, fairness demands they listen also to the explanations from Aso Rock. President Jonathan cannot act on hear say, since the letter from NJC recommending Justice Salami's re-instatement has not even reached the presidency, on what authority then do they want him to recall the jurist.
Again, at the last count over two cases were instituted against Salami's re-instatement. It is on record that an Abuja High Court is entertaining a matter restraining President Jonathan from recalling the judge. One Barr Noah Ajare is seeking the court to even declare the meetings, decisions and recommendations for the re-instatement of Justice Salami by NJC illegal. Also the same Salami had gone to court on his suspension through his lawyer Chief Akin Olujimi SAN. Is it not commonsensical for the president to be cautious and wait for the outcome of these court proceedings before taking decision on the matter.
The transformation agenda of President Goodluck Jonathan is strongly hinged on due process and rule of law, and the Salamigate in now a testcase. The president must not take hasty decision on this issue which will later draw flanks and pet the presidency with tar.
The bane of Nigerian brand of politics is that it has succeeded in eroding our collective morality. Nothing is sacrosanct any more, not even the rule of law. And this is why somebody is urging the president to act on a matter that is pending in court. Yes, President Goodluck Jonathan is the leader of PDP but the office of the president belongs to all Nigerians and not PDP alone. The Salami distraction must not be politicized, ACN must not allow the jurist's re-call die on the alter of politics, because the growth of law in the country will be negatively imparked upon. The president has taken the positive route paved by the rule of law and due process, therefore, the rascality of rented protesters should stop. ACN and it's supporters, should stop denting the course of Salami's Justice with unnecessary media war. I don't think Salami saw it coming if he did, he would not have allowed his innocent looking love letter to Justice Aloysius leak out to the jackals in the press room.
My advice is that he should discourage the current propaganda and allow the president take action on the recommendations of NJC.
PDP and ACN have little to loose in this matter. The man who has much riding on the issue is Justice Salami and also the judiciary in Nigeria.
Ibrahim LawalWrites from Ogun State
Vanguard Nigeria