Salami won’t be recalled yet — Adoke

[DT]

Justice Isa Ayo Salami will remain on suspension despite the recommendation to reinstate him as president of the Court of Appeal because there is a pending court case on the matter, Attorney General of the Federation Mohammed Bello Adoke said yesterday.

"The matter is sub judice," Adoke told journalists in Abuja, referring to a court case instituted on Friday against thae return of Salami. "No responsible government...will try to overreach the courts." The National Judiciary Council two weeks ago wrote a letter to President Jonathan asking him to reinstate the suspended court of appeal president. But NJC has not made a public statement about this.

Last Wednesday, Adoke told State House reporters that he was yet to be briefed about the matter.

In the meantime, a court case was instituted challenging the NJC's powers to recall Salami.

Speaking at the venue of the Ministerial Platform yesterday, Adoke said the NJC letter reached President Jonathan only on Friday and that on the same day government was served with court papers of a suit against Salami's return.

He said the Federal Government would not take any action on the NJC recommendation until court cases relating to the matter were disposed and "as soon as the Judiciary puts its house in order."

An Abuja-based lawyer, Amobi Nzelu, representing one Wilfred Okoli, went to the Federal High Court in Abuja on Friday asking the court to restrain Jonathan from accepting NJC's recommendation.

Answering questions at the news conference yesterday, the Justice Minister said: "On the issue of Justice Salami, I want to say that there is a lot of misconception and in order to clear that misconception I will make some few explanations. The matter is in court and presently sub judice so I will not attempt to go into the merit of the case.

"On 20th August, 2011, the Federal Government, that is Mr. President, received a letter from the NJC informing Mr. President that Justice Salami has been suspended and recommended for retirement by forwarding the recommendation to the National Assembly.

"We took a good look at the letter from the NJC. We recognised the fact that the NJC has the independence and the powers to suspend Justice Salami. But we put on hold the issue of the recommendation of the National Assembly to have him retired fully because we took cognisance of the fact that Justice Salami went to court and this government is a government that believes in the rule of law and due process.

"We believe in it that rather than do anything, the President did in exercise of his power under Section 238 (4) of the Constitution appointed an acting president of the Court of Appeal so as not to create a void in the leadership of the court.

"There has been nothing that has changed before then for people to accuse the government of not complying with the resolution of the NJC. Now there has been recently, I think on the 11th May the NJC was said to have recalled Justice Salami.

"It was just this Friday that the Federal Government received the letter from the NJC, notifying it that Justice Salami was being recalled and on that day, the Federal Government was also in receipt of litigation by way of originating summons and processes challenging the powers of the NJC and seeking an order restraining the President from giving effect to that resolution of the NJC.

"So as it is today, the matter is sub judice. No responsible government, I repeat with emphasis, will try to overreach the courts. This government is prepared to do the right thing and will do the right thing as soon as the judiciary puts its house in order and the matter is resolved expeditiously. I think that settles the matter."

On the fuel subsidy probe, Adoke said the Federal Government has forwarded the House of Representatives resolution to the Economic and Financial Crimes Commission to complement their ongoing investigations which he said had been on for some time.

Adoke also spoke on the conviction in Britain of former Delta State governor James Ibori. He said there is a world of difference between the legal processes in the UK and in Nigeria, and so his conviction was not an indictment on Nigeria's judicial system.

"He was not charged for money laundering in Nigeria. I was not even Minister of Justice when he was tried and don't forget that the attorney general in UK also gave an advice that it is extremely difficult to press the cases of corruption against Ibori.

"There was a plea bargain and that was why they were able to sustain the conviction in money laundering. Where in Nigeria if I had given such an advice, people would have read different meaning to it or they would have accused me of connivance or trying to shield the corrupt people," Adoke said.



Daily Trust