Why Salami may withdraw suit against ‘promotion’ tomorrow

[NewsCaster]

WHEN the Federal High Court, Abuja sits tomorrow, it may be saved the burden of hearing what was expected to be an epic legal battle between the country's top judicial echelons and institutions.

President of the Appeal Court, Justice Ayo Isa Salami, it was learnt at the weekend, was set to drop his suit against the Chief Justice of Nigeria (CJN), Justice Aloysius Iyorgher Katsina-Alu and other judicial bodies over his controversial elevation to the Supreme Court by the CJN.

Impeccable judicial sources and some aides of the appellate court boss, disclosed at the weekend that Salami is ready and willing to drop the suit he filed against the CJN, National Judicial Commission (NJC), Federal Judicial Service Commission (FJSC), and the Attorney-General of the Federation (AGF) on the subject matter.

Salami's resolve to withdraw the case from the court is reportedly prompted by the progress made by the panel set up by the NJC to reconcile the warring topmost judicial officers.

The Appeal Court boss had last Tuesday instituted the action against Katsina-Alu, and others, seeking a reversal of the contentious "promotion" because it was out of the norms on such issues in the judiciary.

In an affidavit in support of the suit, which Salami deposed to personally, he alleged that Katsina-Alu asked him to compromise the Court of Appeal's verdict on the protracted Sokoto State governorship election petition by either disbanding the original panel, which he (Katsina-Alu) believed was about to give a verdict against the governor or direct the panel to give judgment in the state chief executive's favour.

Sources close to Salami confirmed to The Guardian the Appeal Court boss' decision to discontinue the action in view of the outcome of the NJC meeting held last Wednesday, whereof the process for his appointment was terminated.

One of Salami's aides, who sought anonymity, said: "The subject matter of the suit has been resolved at the meeting of the NJC last week. It would seem academic to insist on stopping an action that has been undone. And the courts do not waste time going on academic frolics."

"The matter comes up on Wednesday (tomorrow) and it is highly likely, except something unusual happens, that oga (boss) will withdraw the suit on that day," the source stated.

On whether the reconciliation panel played any part in Salami's decision to withdraw the suit, the aide said: "My Lord, the PCA was concerned about an imposition against his will and he beseeched the court to protect him and that is well within his right as a Nigerian. It is also within his right to withdraw the same action if he sees that the injury scare he had that made him go to court has been resolved.

"Reconciliation is a positive word. And my Lord, the PCA is as much a man of peace as he is of honour. So, wherever and whenever there is a chance to make peace in the interest of the Bench and the overall interest of the country, he will take the chance," the aide added.  

The unexpected face-off between the two leading judicial officers took a worrisome dimension last Tuesday when a team of seven Senior Advocates of Nigeria (SANs) led by Lateef Fagbemi, including Chief Chuks Mouma, Yusuf Alli, Prof. Itse Sagay, Rickey Tarfa, Chief Adeniyi Akintola, and Adebayo Adelodun, filed an action on behalf of Salami.

In the affidavit, Salami averred that since he refused the request of the CJN to compromise the Sokoto governorship case, the latter had been at loggerheads with him and had been preoccupied with orchestrating plots to unseat him as the appellate court chief.

He described his purported elevation as a "Greek gift," averring that it was the end product of the CJN's ploy to remove him from his position in order to plant his stooge there to do such biddings, which he refused to accede to.

At the court, Salami asked for injunctive reliefs and deposed to three sets of affidavits, whereof he made weighty allegations against the CJN.

The affidavit read in part: "I have all along enjoyed my work as President of the Court of Appeal and did not have any issues or disagreement with the 1st defendant (Katsina-Alu) until the controversies over the gubernatorial election petition in Sokoto State came to light.

"Following my appointment as the President of the Court of Appeal, I found among the pending election petition appeals, the Sokoto State gubernatorial election petition appeal.

"I set up panels of the Appeal Court to dispose off the pending petitions, including that of Sokoto, and, "I was however shocked when subsequent to the setting up of a panel on the Sokoto gubernatorial election petition appeal, and after all parties had filed and exchanged briefs, adopted same and judgment reserved, the 1st defendant summoned me by telephone to his office in Abuja."

Source: Why Salami may withdraw suit against 'promotion' tomorrow