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Appeal Court President rejects ‘unholy’ promotion
 
Yusuf Alli and Jimoh Adekunle 06/02/2011 01:04:00
Justice Isa Ayo Salami

The President of the Court of Appeal, Justice Isa Ayo Salami, has rejected moves by the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu (CJN), to promote him to the Supreme Court.

Salami, in a protest letter to the CJN, described the plan as an “unholy move,” that would set a “dangerous precedent.”

In the last one week, there had been tension in the judiciary over the reported plan to remove Justice Salami and the querying of five judges over the recent judgment of the appellate court on Ekiti and Osun Governorship Election Petitions.

Those queried are Justices Clara Bata Ogunbiyi (who led the five-man panel on Osun Governorship Election Petition judgment) M. R. Garba; P. A. Galinje; C. C. Nwabueze; and A. Jaure.

Salami’s letter with the title “Offer of appointment to Supreme Court-Rejection” was dated 4th February 2011 with reference number PCA/S.25/Vol.I/143.

The letter reads: “A few months ago, I heard of rumours going round that plans have been hatched in certain quarters to remove me from the post of President of the Court of Appeal of Nigeria. My reaction then was dismiss these rumours as the talk shop gossip emanating from idle gossips or mischief makers.

“Regretfully enough a few days ago, precisely on 2nd February 2011 when I returned to Abuja from Ilorin where I had gone to attend the 8th day Fidau prayers of an aunt, information got to me that at the meeting of the Federal Judicial Service Commission held on 1st and 2nd February 2011, what was thought to be a rumour became the subject of serious discussion initiated by the Hon. Chief Justice of Nigeria, Aloysius Katsina-Alu, GCON.

“I was given to understand that even though the subject was not part of the agenda of the day, Your Lordship characteristically informed  honourable members of council of his proposal to strengthen the Supreme Court by moving me to that court and presumably to replace me with his minion or stooge. It was sadly not deemed fit and proper to discuss the proposal with me. Perhaps my view did not count for anything.

Neither was it expedient or decorous to place such an important matter on the agenda. No council paper was circulated.

“Interestingly, however, it was alleged that in giving reason for this disturbing action, the Chief Justice of Nigeria said that the appointment would add value to the Supreme Court. He further assured council members that I would not lose my seniority. I regret to say that I am not taken in. I am contented with being the President of the Court of Appeal.

“Indeed it is common knowledge that I had even in a more auspicious moment declined for good reason to be appointed to the Supreme Court. Nothing has changed since then. I prefer to remain in the Court of Appeal to continue to give service to the nation to the best of my ability.

“Finally, I prefer to follow in the wake of any worthy predecessors who in spite of their experiences retired as Presidents of the Court of Appeal with their honour and reputation unsullied.

“The present unholy move to push me out of the Court of Appeal for whatever reason has no precedence in our legal history. I do not therefore think it will be fair for the Chief Justice of Nigeria to seek to create a dangerous precedent which may give rise to chain reactions.

“Needless to say that the environment is already over-heated and in a state of flux. Let no one do anything to disrupt the status quo. Nigeria is after all greater than all of us.

“I remain loyal and committed to the Federal Republic of Nigeria and the oath of my office.”