No proof of misconduct against Katsina-Alu, Isa Salami yet, says NJC

[TGD]

The National Judicial Council (NJC) has said it is yet to establish any case of misconduct against Chief Justice of Nigeria (CJN), Justice Aloysius Iyorgher Katsina-Alu, the President, Court of Appeal (PCA), Justice Ayo Isa Salami and other judicial officers.

The two topmost judicial officers have been on the public domain over alleged perversion of justice in Ekiti, Osun and Sokoto states' governorship electoral petitions brought to the Appeal Court and the controversial promotion of Appeal Court boss to the Supreme Court.

Salami, who faulted his "elevation" to the apex court by Katsina-Alu accused him of asking him to compromise on the Sokoto governorship election case before the Appeal Court Elections Tribunal.

Sacked governor of Ekiti State, Chief Segun Oni and some Peoples Democratic Party (PDP) leaders in Osun State added another dimension to the controversy when in separate petitions and advertorials in some national dailies accused Salami and judges of the appellate court of doing the Action Congress of Nigeria (ACN's) bidding in removing the two state governors from office.

Oni particularly presented the phone call logs between Salami and ACN officials or counsel to suggest that there was a foul play in the verdict.

Only on Wednesday, the NJC set up a five-man panel to investigate the allegations of official corruption and perversion of justice made against Katsina-Alu and Salami. But yesterday, the NJC said without proof of misconduct it lacked the powers to sanction any of the judicial officers under probe.

In a statement made available to reporters in Abuja, the NJC Secretary, Danladi Halilu, said it was resolved at an emergency meeting of the council that in the absence of any substantial evidence of wrongdoing on the part of a judicial officer in reaching a verdict, he could not be sanctioned, punished or disciplined in any form.

"It is to be stressed that in the absence of any proof of misconduct against a judicial officer, Council has no power to interfere with his judicial functions," Halilu stated.

He said "the Council also deliberated on the complaints by the Chairman of the Independent National Electoral Commission (INEC), Prof. Attahiru Muhammadu Jega and members of some political parties over alleged abuse of ex-parte orders by some courts of coordinate jurisdiction."

According to him, "no report, complaint or petition has been forwarded to it against any particular judicial officer involved in the granting of frivolous injunctions to enable the Council to consider taking any appropriate disciplinary action against any judicial officer in that regard.

He said it is on record that eight judicial officers who had granted frivolous ex-parte injunctions in the past, were dismissed from service on the recommendation of the NJC.

The NJC statement reads: "At its fifth emergency meeting, which was held on March 9, 2011, the National Judicial Council deliberated on the various petitions written against the Chief Justice of Nigeria, Justice Aloysius I. Katsina-Alu, the President of the Court of Appeal, Justice Isa Ayo Salami, and some Justices of the Court of Appeal.

"After considering all the petitions and the comments by the Chief Justice of Nigeria, President of the Court of Appeal, and other justices of the court, Council constituted a panel consisting of five members to investigate the allegations contained in the petitions.

"Council noted with concern the public comments and reactions the allegations generated. Council adverted to the 1999 Constitution of the Federal Republic of Nigeria wherein the NJC was established as the body solely vested with powers, functions and responsibilities to recommend the appointment, removal and to exercise disciplinary control over all judicial officers in the federation.

"While Council is conscious of its responsibilities in this regard, it reiterates that in the exercise of its constitutional powers to discipline, sanction and recommend the appointment and removal of judicial officers from office, it has always been guided by established rules, standards and procedures that must be complied with by Council in fidelity to the rule of law.

"Council noted that Justice Isa Ayo Salami, had withdrawn the suit he filed concerning the advice by the Federal Judicial Service Commission to recommend him for appointment to the Supreme Court and his letter indicating that he does not wish to be considered for such appointment and consequently decided that he should not be included in the list of candidates to be considered for recommendation for such appointment.

"The Council also deliberated on the complaint by the Chairman of the Independent National Electoral Commission, Prof. Attahiru Muhammadu Jega, and members of some political parties in respect of alleged abuse of ex-parte orders by some courts of coordinate jurisdiction.

"The Council, however, observed that no report, complaint or petition has been forwarded to it against any particular judicial officer involved in the granting of frivolous injunctions to enable the Council to consider taking any appropriate disciplinary action against any judicial officer in that regard.

"It is on record that eight judicial officers who had granted frivolous ex-parte injunctions in the past, were dismissed from service on the recommendation of the National Judicial Council."

The NJC panel headed by the immediate past President of the Court of Appeal, Justice Umaru Abdullahi is mandated to probe the two leading judicial officers and also look into the allegation of corruption rocking the judiciary.

The Council had vide a statement on Monday disclosed its commitment to probe the allegations levelled against Katsina-Alu and Salami.

Members of the committee are the immediate past Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Justice Emmanuel Ayoola, former Justice of the Supreme Court, Pius Aderemi, and two others.

The committee has three months to submit its report.

Source: No proof of misconduct against Katsina-Alu, Salami yet, says NJC