http://www.lagostimes.com/2011/02/09/justice-salami-goes-to-court-over-unwanted-promotion/

Justice Ayo Isa Salami, the President of the Court of Appeal has sued Aloysius Katsina-Alu, the Chief Justice of Nigeria over the latter’s plan to promote him to the apex court.
Salami filed the Originating Summons at an Abuja Federal High Court through his lawyer, Lateef Fagbemi (SAN).The Judicial Service Commission, the National Judicial Council and the Attorney-General of the Federation were also joined as co-defendants.
Salami’s affidavit contends that the plan to promote him to the Supreme Court is in bad faith, without precedent and politically-motivated. He also alleges that Katsina-Alu tried to force him to pervert the course of justice during a hearing on the Sokoto state governorship tribunal.
The President of the Appeal Court claimed that his refusal to accede to the Chief Justice’s demands have made him the subject of a witch-hunt. He is seeking an interlocutory injunction restraining the defendants jointly and/or severally, by themselves, and all officers, servants and functionaries of the Government of the Federal Republic of Nigeria or otherwise howsoever, from recognizing, acting on, doing anything in recognition of or putting into effect any decision of the defendants purporting to appoint the plaintiff to the Supreme Court as a Justice of the Court pending the hearing and determination of the Originating Summons.

A section of the affidavit reads:
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 of the pending petitions including that of Sokoto.
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 exchange briefs, adopted same and judgement reserved the 1st defendant summoned me by telephone to his office in Abuja.

Na only Nigeria something like this fit happen

Person no want promotion. . . ori iya mi ooooooo

fstranger3:
Na only Nigeria something like this fit happen

Person no want promotion. . . ori iya mi ooooooo

It is only in Nigeria that someone who is an employee can dictate how and where he/she will work. Employers are he ones who dictate. If the employee is unhappy with the new adjusted duties he can resign. That is the honorable path. Is the position his own? Does it belong to his familly?

I wonder what example these politicized Judges think they are setting.

Johndoe100:

It is only in Nigeria that someone who is an employee can dictate how and where he/she will work. Employers are he ones who dictate. If the employee is unhappy with the new adjusted duties he can resign. That is the honorable path. Is the position his own? Does it belong to his familly?
I wonder what example these politicized Judges think they are setting.

You brought out a cogent point.
As a professional, it was unbecoming of him to have complained, and even more disheartening is the fact that he made it public and personal between himself and his superior, and in the process tarnished the image of both his superior and the Presidency, and by his own actions, he has left his superiors with no other option that to fire him, or at least, take some disciplinary actions against him

He is definitely setting a bad precedent and you'd thing he would know better but, eh, this is Nigeria, everything, and anything, goes!

It seems you guys are ignorant of the whole issue.

[b] Prof. Itse Sagay (SAN)
Three respected lawyers, Prof. Itse Sagay (SAN), Mr. Emeka Ngige, (SAN) and Mr. Bamidele Aturu yesterday described the plot to ‘promote’ the Court of Appeal President Justice Ayo Salami to the Supreme Court as “an act in extreme bad faith.”
Sagay, Ngige and Aturu, in a joint statement, said the plot, if allowed to succeed, would weaken the judiciary.
The statement reads: “The attempt by the Chief Justice of Nigeria to remove the Hon. Justice Ayo Isa Salami from the Court of Appeal to the Supreme Court is an act in extreme bad faith, which will weaken the Judiciary and compromise its integrity, dignity and effectiveness.
“When the Court of Appeal was first established in 1976, a Supreme Court Judge in the person of the Late Hon Justice Dan Onwura Ibekwe was posted to head the Court as President. When Hon. Justice Dan Ibekwe died in office, another Supreme Court Judge in the person of Hon. Justice Mamman Nasir, who was earlier posted to the Court of Appeal as Deputy to Hon. Justice Dan Ibekwe, was appointed to replace him. It was after Justice Nasir’s retirement, that a serving Justice of the Court of Appeal, Hon. Justice Mustapha Akanbi, who was more than qualified to be appointed a Supreme Court Judge, was appointed President of the Court of Appeal. He was succeeded in 1999 by Hon. Justice Umaru Abdullahi.
“It is important to stress the fact that Justice Umaru Abdullahi was also very qualified to be a Supreme Court Judge, before he was appointed President of the Court of Appeal.
“Hon. Justice Umaru Abdullahi was in 2010 succeeded by Justice Ayo Isa Salami. Again as in the cases of the other holders of the office of President of the Court of Appeal, he was more than qualified to be appointed Justice of the Supreme Court at the time of his appointment. The following Justices of the Supreme Court were not only his juniors at the Court of Appeal, but he in fact recommended some of them for appointment to the Supreme Court.
“These include: The Hon. Justice Olabode Rhodes-Vivour, the Hon. Justice Suleiman Galadima. It is instructive to note that both Hon. Justice Isa Salami, President of the Court of Appeal and Hon. Justice Aloysius Iyorgyer Katsina-Alu were classmates at the Nigerian Law School and were called to the Bar on the same day, namely, 28th June 1968. So too was Hon. Justice Dahiru Musdapher. Hon. Justice Aloma Mariam Mukhtar was called to the Bar on 26th June 1967. Apart from the three Justices named above, Justice Isa Salami is senior at the Bar to all other members of the Supreme Court. It is therefore invidious to expect him to take his queue at the Supreme Court behind them.
“Although technically, the President of the Court of Appeal and a Justice of the Supreme Court are supposed to be equal in status, the President of the Court of Appeal is higher in status because he has vast executive and administrative powers, which the ordinary Supreme Court Justice does not have. Effectively, the President of the Court of Appeal is next in rank and authority to the Chief Justice of Nigeria.
“To establish that the practice of posting a Supreme Court Justice to head the Court of Appeal in Nigeria was not an accident or a fluke, but a deliberate matter of policy, we wish to point out that on the 28th of April 1972, the Hon. Justice Charles Olusoji Madarikan left the Supreme Court on appointment as the President of the then Western State Court of Appeal. Consequently, the line of seniority between a Justice of the Supreme Court and a President of the Court of Appeal is clear.”[/b]

nothing good can comeout this administration

interesting!!!!, who is paying his salary? i can understand suing your boss for wrongful dismissal, but suing your boss for wrongful/undeserving  promotion is new. i laff in judiciary

There is alot of drama going on in nigeria and am waiting for the end of the drama or maybe there is going to be part two

From my own point of view Justice Ayo Salami erred by suing his boss over unwanted promotion. It is against the civil service rule. He deserves to be sacked with immediate effect.

FAST-TRACK PROMOTION THAT LEADS TO EARLY RETIREMENT.( isnt IT).

g

@enyojo thank you for response it seems others are ignorant of the whole stuff.it only goes to prove the saying that "you cant have a good insight into thins if you dont see them happening from the beginning"

Jonathans rigging machine trying to get the Supreme Court Judge out of the way cos he annulled the rigged elections in Ekiti and such.

I salute Salami for his steadfastness.

I do share the sentiment of Justice Salami because the so called promotion is a sinister plot to punish him for removing PDP governors that stole the people's votes.

I can see that majority of people that have made comments are really ignorant of situation on ground. It may be true that the purported elevation of the president of court of Appeal to Supreme court is a promotion, but it is actually a demotion in disguise. The president of appeal court is equal to a judge in supreme court. The seniority in Supreme court is determined from the day one is confirmed to the supreme court. So going by this u will agree that many of Justic Salami juniors that he had recommended to the supreme court in the past while occupying the position of the president of the appeal court will now be his seniors.So it is better and more honourable for them to leave the man to retire as the president of the appeal court. I think the elevation is politically motivated to pave way for some politicians since the elections will soon commence.Remember court of appeal handles tribunal cases related to governorship election.

Please Please Please if you dont know how a profession operates at least you can ask questions, people who do not understand the peculiar nature and structure of the Judiciary should just limit thier activity to reading here.

The President of the Court of Appeal Stands on the same level if not more powerful than a supreme Court Judge. In the History of the Country, how many presidents of the Court of Appel has been promoted to the Supreme Court? the next Level for him is retirement not A malicious promotion ochestrated by the Evil called PDP.

The role of this eminent Nigerian in clipping the rigging of the PDP in many states of the country has now become an obvious threat to the PDP and the only way to deal with the issue is to 'Promote" him off danger Zone.

He has taken the path of wisdom and truth, and who told you an employee cannot reject Promotion

Please Niralanders lest display less of ignorance please!

Cachez:

I can see that majority of people that have made comments are really ignorant of situation on ground. It may be true that the purported elevation of the president of court of Appeal to Supreme court is a promotion, but it is actually a demotion in disguise. The president of appeal court is equal to a judge in supreme court. The seniority in Supreme court is determined from the day one is confirmed to the supreme court. So going by this u will agree that many of Justic Salami juniors that he had recommended to the supreme court in the past while occupying the position of the president of the appeal court will now be his seniors.So it is better and more honourable for them to leave the man to retire as the president of the appeal court. I think the elevation is politically motivated to pave way for some politicians since the elections will soon commence.Remember court of appeal handles tribunal cases related to governorship election.

You are paranoid

He is not the only competent person around and no one, and i mean NO ONE, is indispensable.

With him as the President of the Court of Appeals or not, what will happen will happen. No one is bigger than due process and no judge is bigger than Nigeria. Let him get off his high horse or else he would be disgraced from his position.

^^^^

SMH

Eni to ri nkan e, to fe ku nitori e, owo eni to ti sonnu nkan

It is funny how Africans have this sit tight mentality. Same thing with GEJ, tasted the allure and privileges of the presidency, next thing, he wants to die in Asorock


May god save us all!

Dirty Politics at its Best!!!!!! But dont worry, there will be many sequels to this jibe.

Afterall, we still have men of courage in this country. Defintely, there is hope for US!

This one has THE Dirty hands of GEJ written all over  - A man who has cancelled PDP governorship elections in favour of the opposition  - how convenient  month before elections  .  GEJ knows he can never win free and fair elections and HE best prepare the way and replace the appeal court with a pdp stoogie


I place curse of death on PDP.

I always knew this Goodluck administration is a fraud,
, I doubt if no be kill dem kill Umaru 2 put the academic rascal there.

Imagine plenty killings with the useless judiciary doing nothing bout it all.
May, I no go curse. Leave dem 2 God.

blacksta:

This one has THE Dirty hands of GEJ written all over  - A man who has cancelled PDP governorship elections in favour of the opposition  - how convenient  month before elections  .  GEJ knows he can never win free and fair elections and the best he can is removed any stumbling blocks.

Indeed. We all know Katsina-Alu. it is a terrible shame this openly corrupt man made it to the top as CJN but that is to be expected under compromised Presidents like Yar Adua and GEJ. Afterall Ringim is now IGP while many of his bosses , who are were better qualified and with greater policing record, were overlooked. Salami has come out to say that Katsina-Alu has asked him to compromise judicial decisions in the past. Katsina-Alu is a shameless mercenary for sale to the highest bidder. In Nigeria , we all know the "highest bidder" , for many reasons beyond even money, is often the current Government. Salami's stance may appear unconventional but this is only so to non-Nigerians and supporters of the PDP. I would do exactly as he is doing i.e fight to remain where I am to keep fighting the good fight that may eventually lead to a Nigeria where votes count and only the true representatives of Nigerians , and not usurpers, are sworn into office. That is what revolutionary patriotism is all about . They simply want to move Salami out of the way.

is this happenning in our judial system? OOOOoooooooooooh some please wake me up

PROMOTION WAS SUPPOSE TO BE A THING OF JOY MR. SALAMI,WHY IS YOUR OWN DIFFERENT? AFTERALL YOU WERE PROMOTED TO BE THE PRESIDENT OF THE APPEAL COURTS IN Nigeria.why did you not reject that?

Beaffy

“Although technically, the President of the Court of Appeal and a Justice of the Supreme Court are supposed to be equal in status, the President of the Court of Appeal is higher in status because he has vast executive and administrative powers, which the ordinary Supreme Court Justice does not have. Effectively, the President of the Court of Appeal is next in rank and authority to the Chief Justice of Nigeria.

Would it not be foolishness to assume that the CJN is unaware of this (emblodened above) fact?

Mai Suya:


Would it not be foolishness to assume that the CJN is unaware of this (emblodened above) fact?

Some people think everyone is as stupidd as they are!

Please is this man alright at all? But was this not the same man that was promoted to the presidency of appeal court and was smiling then? So what is it in that office that he does not want to be move or promoted? When elderly man of his status talk like this I always wonder what is the matter with this people? When he became president of appeal court he never say it was politically motivated so why now? Does it mean now in Nigeria any move, anything, everything is politically motivated? this is so weird and annoying.

If his boss want him to move on and he is not happy about it the best for him is to dio is to call it quit simple as that. He was promoted and appointed to where he is now so he has no option than to accept it or quit for other who want to do the job. Does he want to be in appeal court forever?