NJC probe: Panel indicts Salami
…Exonerates Katsina-Alu
From GODWIN TSA, Abuja
Thursday, July 28, 2011

The National Judicial Council (NJC) probe panel investigating allegations of professional misconduct against the Chief Justice of Nigeria (CJN) by the President of the Court of Appeal, Justice Ayo Salami  yeaterday came out with its report, which reportedly indicted Justice Salami for perjury.

The five-man probe panel, which reportedly exonerated Justice Katsina-Alu of complicity in the Sokoto governorship appeal held that Justice   Salami lied on oath for alleging in a sworn affidavit that the CJN instructed him to manipulate the course of justice in the Sokoto State governorship election appeal.
Describing Salami’s allegations as baseless, the Justice Umaru Abdullahi-led panel in its report presented to the Council said there was no evidence of financial inducement in respect of the Sokoto governorship matter.

The report of the panel, which was subjected to serious deliberations at the Council meeting, according to sources, also established that Justice Salami connived with chieftains of the Action Congress of Nigeria (ACN) with respect to the Osun and Ekiti governorship appeals.
But the report gave other Justices of the Court of Appeal who sat on the Osun and Ekiti governorship appeal panels a clean bill of health saying there was no evidence that they were financially induced to give judgment in favour of the ACN.
On the issue of the controversial MTN call-logs, the panel reportedly recommended that the matter be further investigated by relevant security agencies to determine their relevance to the allegations against the jurists.

Governors Oni and Oyinola who were members of the ruling Peoples Democratic Party, (PDP), Osun and Ekiti state chapters, had accused the election petition tribunal panels of engaging in unethical conversation with some chieftains of the ACN, which they alleged aided the favourable judgments that the party got in both  states governorship election appeals.
The petitioners further furnished the Justice Abdullahi-led probe panel with records of call logs between the accused tribunal judges and politicians that allegedly secured favourable verdicts against the sacked governors.

The fight between the two legal giants moved to the law court where Justice Salami threw a bombshell alleging in his sworn affidavit that he was approached by the CJN to compromise the Court of Appeal’s judgment on the Sokoto governorship battle.
In the originating summons filed by his counsel, Lateef Fagbemi (SAN), Salami who joined the Federal Judicial Service Commission, the National Judicial Council and the Attorney General of Federation (AGF) as defendants said he was asked by the CJN to either reconstitute the original panel, which he (Katsina-Alu) believed was about to give a verdict adverse to the governor’s interest or direct the panel to give judgment in the governor’s favour.

He also sought 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 recognising, 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.
He made the startling revelations in his supporting affidavit including the fact that he had all along enjoyed his 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.

“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 exchanged briefs, adopted same and judgment reserved the 1st defendant summoned me by telephone to his office in Abuja,” he said.
According to him, “the 1st defendant (Justice Katsina-Alu) asked me to disband the panel I had set up for the appeal on the excuse that if the panel allowed the appeal and removed the governor, the ripple effect would lead to a removal of our highly revered Sultan of Sokoto.”

He told the court that the CJN “could not convince me on the logic predicating his reasoning more especially as the Sultan was not a party to the election petition and as there is no nexus between any of the parties and the Sultan, so I told him I would not disband the panel”, adding that “Katsina-Alu then said in the alternative that I should direct the panel of justices to decide against the Appellant. To this again, I still said no. That I would not do anything to pervert the cause of justice.

“When the matter came before the 3rd Defendant (NJC), the Committee set up to look into the complaint vindicated me and in clear terms told the 1st Defendant, he had no constitutional and statutory power to stop proceedings in any division of the Court of Appeal as he did. Since then there has been no love lost between the 1st Defendant and me. That the appeal in the Sokoto Gubernatorial Election Petition, which was pending before the Sokoto Court of Appeal was eventually dismissed by the Supreme Court on 21st November, 2010 notwithstanding that the appeal was not before the Supreme Court.

Justice Salami told the court that the decision to move him to the Supreme Court was taken in his absence. In what looked as a coup, Justice Salami revealed that he was actually encouraged by the CJN to attend his aunt’s eighth day prayer, especially because there was nothing on the agenda serious enough to compel his attendance.

He alleged that the purported meeting of the 2nd Defendant (Federal Judicial Service Commission), the 1st Defendant directed that the deliberations should be kept a close secret.
The plaintiff who accused the Attorney General of the Federation (AGF), Muhammed Bello Adoke of playing a part in the plot to remove him said “at the purported meeting of 2nd February 2011 before the commencement, the 1st and 4th Defendant (Attorney General of Federation) held a private secret meeting in the chambers of the 1st Defendant where the plan was hatched for my removal to the Supreme Court.”

He feared that “the game plan to move me to the Supreme Court will facilitate the efforts of the 1st defendant to plant his own minion or stooge as the President of the Court of Appeal to do his biddings as and when needed.

As the Council continues its meeting today, it is only the Attorney General of the Federation and Minister of Justice that could commence a perjury case against salami.