President Jonathan’s Dictatorship Unfolding-CNPP

Posted: August 22, 2011 - 14:30

By Osita Okechukwu

Conference of Nigerian Political Parties {CNPP} regrets that President Goodluck Jonathan’s dictatorship tendency is unfolding too early in the day; for the executive fiat adopted by him in the recommendation of the National Judicial Council is subjudice, arbitrary and meant to frustrate the suit filed by Justice Ayo Salami.

We are at a loss if heaven will fall if President Jonathan had not descended into the arena, assert the age old independence of the judiciary and allow time for the court process to run its full course.

It is our considered view that by descending into the arena, Mr President has not only violated the Constitution; but has exposed his interest in manipulating the Presidential and Governorship Elections Tribunal, where the President of the Court of Appeal is a key actor.

For instance, in the tradition of African Big Men, out of myriads of competing issues single tenure topped his priority, today against rational legal advice from the Nigeria Bar Association, CNPP, Civil Society Organisations and legal experts he choose to descend into the murky arena of the dark cloud hanging over the top echelon of the judiciary.

CNPP is yet to locate the vacancy, which Section 238 he relied on is predicated upon; when Justice Ayo Salami has not resigned as the President of the Court of Appeal and the President cannot adopt the recommendation of a Kangaroo National Judicial Council without the express address of the two-thirds of the Senate, as stipulated in Section 292{!}?

Section 238 is not an ouster clause and cannot be relied upon, when there is no vacancy; therefore Mr President is only exhibiting dictatorship tendency.

Is not paradoxical and a contradiction for President Jonathan, who with executive fait appointed Hon. Justice Dalhatu Adamu as acting President of the Court of Appeal, to in all honesty expect that equity; justice and fairness shall prevail in the circumstance? Who is that Federal Judge who will deliver the case in favour of Justice Ayo Salami, when the Imperial President has taken side?
In sum, as President Jonathan has defied all rational advice not to descend into the murky arena of the judiciary; we consequently, calls on all patriots to brace up for the struggle ahead, for non-violent Mass Action to stop the Dictator on his tracks.

Finally, we salute the Nigeria Bar Association for unlike President Jonathan, avoided the temptation to be dragged into the arena of corrupt judges. History will vindicate the NBA.


Osita Okechukwu
National Publicity Secretary
CNPP

http://saharareporters.com/press-release/president-jonathan%E2%80%99s-dictatorship-unfolding-cnpp

And the overwhelming condemnation of GEJ's dictatorial action keeps coming in thick and fast:

http://saharareporters.com/article/salami-mr-president-fresh-air-charles-ofoji

Salami: Mr President, Is This The Fresh Air? By Charles Ofoji
Posted: August 22, 2011 - 18:12
By Charles Ofoji

P[b]resident Goodluck Jonathan’s discreditable decision to appoint Justice Dalhatu Adamu as the acting Chief Justice of the Court of Appeal has finally shown that he is not the man that will finally take Nigeria to where the gods intended for the country.

Shunning the overwhelming public outcry, especially from lawyers, senior constitutional lawyers and NBA against the judicial lawlessness demonstrated by the Nigeria Judicial Council in the suspension of Justice Isa Ayo Salami, Jonathan decided to squander the goodwill he enjoys among Nigerians by identifying himself as a lawless President. For a man who ran a presidential campaign, promising Nigerians a breath of fresh air, his unfortunate decision to affirm the unlawful verdict of the NJC, is the least Nigerians expected of a man who says he wants to transform Nigeria.[/b]

His decision finally confirms the suspicion that Salami’s ordeal is a well hatched political witch-hunt aimed at clearing the way for the ruling PDP at the Court of Appeal, which is the final court in most of the election petition cases. Even the swiftness with which the President replaced Salami on the same day the NBA unanimously kicked against NJC’s irresponsible deliberation of a matter that was before a court and the last macabre dance of an infamous Chief Justice in hurriedly swearing in Adamu speak for itself.


Last Thursday, 18 August 2011, a National Judicial Council (NJC) under the shadow of Chief Justice Aloysius Katsina- Alu delivered a leading legal conundrum in history. At its 7th emergency meeting, convened in bad faith to circumvent the law with only 5 out of the 25 members present, what should be the uppermost Judicial body in the country showed its disdain for the rule of law when it purportedly suspended the President of the Court of Appeal, Hon. Justice Salami and recommended to the President that he be retired forthwith. One do not need to be a lawyer or a law student to know that this is a scandalous attempt by an accused to be a judge in his own course, and a recourse by a scandal-drenched Chief Justice to self-help in a case of corruption leveled against him by the President of the Court of appeal.

This happened two days after the NJC, a body that should be above board and constituted by distinguished men and women of the highest ethics, condescendingly refused to be served notice of a case filed against it by Justice Salami, who had claimed that he was denied a fair-hearing in NJC’s probe of the matter between him and Justice Katsina-Alu. That misbehavior by the NJC had stunned Nigerians. We failed to comprehend how a council that should have an interest that people obeyed court summons, could thread a path of infamous lawlessness, which is capable of causing a legal chaos that might go to the roots of national security. In any case, while Nigerians were distressed with such reckless defiance by the highest judicial organ in the country, they added salt to an already injured and diminished Judiciary by ambushing Plaintiff Salami, in an attempt to deny him justice and evade possible admonishment for their misdeed as alleged by Salami.

For a Chief Justice who should have abinitio stepped outside and allowed a transparent probe of the allegation of corruption against him to now get an NJC under his control to chastise his accuser is the most dishonourable act expected of a man that occupies the office of the Chief Justice of the federation. Let there be no mistake, the members of the NJC do not come from the moon. They are ordinary people who have occupational and business interests like every other Nigerian and also sit at bars and gardens after work to wind down and socialize, with a view to facilitating or protecting their interests. Let it also be known that the Chief Justice, Katsina-Alu is the Chairman of that body with the second most senior Justice of the Supreme Court, where Katsina-Alu is also the Chief Justice, as the deputy. And 14 members of the NJC are appointed by him. So, there could never be a translucent independent enquiry into the affair with Katsina-Alu in office.

Right thinking people are at a loss as to how the members of the NJC could even go ahead and deliberate upon a matter they knew or ought to have known was before a court of competent jurisdiction with them as respondents. The golden rule was well stated in Lagos State V Chukwuemeka Ojukwu that once a matter is before a court, all parties must desist from taking actions that will alter the status-quo and render the court’s eventual decision futile. One of the phony arguments or after-thoughts the members gave for refusing to be served notice of the case filed by Justice Salami was that it was not properly signed and dated. Even the greenest horn in the legal profession ought to know that this cannot preclude service. It is something the respondents could have gone back to the court where the summons originated from to take advantage of the irregularity. The fact remains that they were aware that the matter was before a court and it suffices to stay action according to the classical decision in Ojukwu’s case.

How could a National Judicial Council that should encourage people to go to court and seek redress when aggrieved, be a stumbling block in a citizen’s pursuit of justice? How could the NJC act to undermine a system that produced it? Is the NJC joking or what? Since they took the crude decision to suspend Justice Salami, sometimes I have to pinch myself to make sure that I am not dreaming in the middle of sleep. With due respect, this is the lowest any judicial body can go.

In recent years, there have been murmurs and whispers about the corruption in the Judiciary.

And this mischief by the NJC has confirmed what was an open secret. But I have always argued that the corruption in Nigeria is only possible with the support of the judiciary and police. So if we as a people mean the business of fight against corruption, we must first start with transforming the police and judiciary. As a young law student at the University of Lagos, I was full of admiration for Justices like the indefatigable and incorruptible Chukwudifu Oputa, Kayode Eso, Mohammed Bello, Nnamani, Uwais and so on. At the present, let someone show me anyone on the current Supreme Court who is like them. A court that was ridiculed when a woman, who aided and condoned her husband’s looting of State money, was elevated to the highest court in the land that should be a shinning monument of integrity and the last hope of the downtrodden. Under the watch of Justice Katsina-Alu, the Nigerian Judiciary plunged into abysmal sully, with Nigerians no longer having confidence in the bench. And the little confidence that was left has now been eroded by NJC’s laughable decision to nail Salami at all cost.

Was too much champagne served at that emergency meeting where the NJC resolved to suspend Salami? If they were not drunk, how could the wise men who constitute the NJC decide to take a decision that is capable of and has in fact thrown the judiciary into a crisis - with the demobilization of the country as a possibility. And this is by no means sounding alarmist!
It is therefore in the interest of Nigeria that this Chief Justice goes immediately. We are aware that he is about to retire, however this country, due to the current crisis rocking the judiciary, which is an important branch of government, can no longer afford the luxury of waiting for him to retire. He has to take the bow now in the interest of the Nation.

His reign as Chief Justice has been mired with controversy, right from the manner of his swearing in and recently to the appointment of Senior Advocates of Nigeria. His regime undoubtedly will go down history as the darkest age of Nigerian Judiciary. Under his watch, the credibility of the bench that is crucial for the success of any democracy has been badly battered. It got so appalling that at one point, retired Justice Kayode Eso, a very well respected Jurist, did not mince words when he lamented the height of corruption at the bench. He told Nigerians how he has seen Judges go into Election Tribunals as poor men but come out ballooning in riches.

If Justice Katsina-Alu were a man of honour we would not have been in this mess. As the highest judicial officer who was accused of impropriety, the right thing to have done would have been to step aside and allow himself to be probed. Rather he stayed on top of the judiciary and ostensibly handpicked those who should query him. At the end, a beneficiary of his regime, who was recently appointed as the Chief Judge of the Federal High was appointed to chair the panel that investigated the allegation. It would have served the course of justice better if a retired Justice of the Supreme Court, who had nothing to fear or lose, was appointed the head of such a team burdened with the task of scrutinizing the highest officer in Nigerian Judiciary.

But wait a minute, where did the NJC get the power to suspend the President of the Court of Appeal. I just hope we have the same copy of the constitution. If it were the same, didn’t they read the constitution properly? This must be embarrassing for lawyers that the so-called NJC as a constitutional body could decide to do an illegality. The provisions of the constitution are unambiguous as to how the President of the Court of Appeal could be removed. The constitution allows the NJC to recommend to the Senate the removal of the President of the Court of Appeal and if the Senate so agreed with a two-third majority, it will recommend his removal to the President. And only until the President accepts such recommendation, he remains in office. So how then could the NJC suspend Justice Salami with immediate effect? It therefore means that the decision of the NJC suspending Salami has no validity as it lacks the support of law. Therefore, at best it is an exercise in futility, not minding the fact that it could harm the Judiciary and be a dangerous precedent.

The resolution of the NJC, which is an arbitrary subversion of the rule of law, is self mockery and a slide into self degradation. How could the members imagine they can unconstitutionally toss aside the second highest judicial officer of the country? What claptrap! They simply cannot. Hence, since their decision was unlawful, it has no legal significance. Justice Salami should not flinch in his crusade for justice against the NJC. Noteworthy is the fact that he has already filed a motion at the Federal High Court, Abuja to nullify this latest untoward decision of the National Judicial Council.

Besides, it is high time the Legislature reviewed the composition of the NJC to make it more independent in every sense of the word. There is no doubt that when the constitution was put together, it was never envisaged by the lawmakers that two high standing members of the bench and NJC could be involved in a conflict as the one between the Chief Justice and the President of the Court of Appeal.

Since 29 May 2011, and one week to his 100 days in office, Nigerians have been watching a President who has been slow to action and who keeps mum on burning national issues. A school of thought had strongly argued that it is because he does not know the right thing to do or say.

And now they may have been proven right. How can the President decide to take side with a lawless cabal called the NJC instead of the majority of Nigerians who elected him? How we wish he had taken the opportunity this matter provided for him to shine and reassure the Nation that he is a President that respects the rule of law. Instead he decided to resort to self destruction.

Whether, he likes it or not, this unwise decision will go a very long way in defining his presidency.

But let him be aware that the days are gone when Nigeria’s business is nobody’s business.

Nigerians will not standby and watch the Nation slither into the path of lawlessness and anarchy.

The unconstitutional removal of Justice Salami should be resisted by Nigerians. We simply cannot sit back and allow a contemptuous lawlessness to stand. The suspension and removal of Justice Salami is outrageous, unacceptable, irresponsible and unconstitutional. The National Judicial Council acted beyond the scope of the authority bestowed on it by the constitution. And President Goodluck Jonathan, being a president who swore to uphold our laws, can not endorse an illegality. It therefore means that he does not have the constitutional power to replace Salami as he has done, and let it be known to him. And this cannot be the fresh air he promised!

checkpointcharley@yahoo.de

If you are a GEJ lover, you better telephone Aso Rock and advice him to rescind his stupid decision and fire the cowboys that gave him that yeye advice.


It seems this thing will bring 2015 faster than necessary. His PDP co-Godfathers IBB and OBJ are too busy with their own Demons to save him. He needs to have a re-think before it gets out of hand.

okada_man:

If you are a GEJ lover, you better telephone Aso Rock and advice him to rescind his silly decision and fire the cowboys that gave him that yeye advice.


It seems this thing will bring 2015 faster than necessary. His PDP co-Godfathers IBB and OBJ are too busy with their own Demons to save him. He needs to have a re-think before it gets out of hand.

Indeed. Sadly the damage is already done and this action from Mr. President shows the real character behind the docile mask.

http://www.dailytrust.dailytrust.com/index.php?option=com_content&view=article&id=26064:nba-pulls-out-of-njc&catid=2:lead-stories&Itemid=8

NBA pulls out of NJC



Written by Adelanwa Bamgboye Monday, 22 August 2011 05:04

The umbrella body of all lawyers in the country, the Nigeria Bar Association (NBA) yesterday pulled out of the National Judicial Council and decided not to participate in its activities or any other function organized by the Judicial arm of government until it is accorded its rightful place in the scheme of things.


This was part of the resolutions passed by the NBA at its National Executive Meeting held in Port Harcourt.



[b]The decision came on the heels of the suspension of the President of the Court of Appeal (PCA) Justice Isa Ayo Salami by the NJC.

The association also said that it will not participate in Friday’s scheduled swearing-in of the new Senior Advocates of Nigeria [SANs] recently appointed by the Legal Practitioners Privileges Committee, LPPC. The association further ordered recipients of the award not to attend the ceremony, saying “Any legal practitioner that attends the ceremony will not be referred to by members of the NBA with any rank he possesses and if in any NBA body such as the Body of Benchers, will lose all privileges and be stripped of membership of any committee or body that the NBA participates in.”

NBA added, “The Bar shall boycott the ceremony and all her members are advised to stay away including those to be conferred the rank.” It also said its members on the NJC would be pulled out.

NBA’s President Mr Joseph Daudu, SAN, said in his address at the NEC, “This conference comes at a time when the legal profession is reeling from a serious crisis of confidence precipitated not by or within the Bar, but by our alter-ego, the Bench. We do not amongst us need to define who members of the Bench are, suffice it to say that they are entrusted with the sacred duty of adjudicating disputes between person’s inter-se and between government and other persons with a view to determining their civil rights and obligations.
[/b]
“This hallowed function carries with it onerous obligations requiring of the occupants of such high office certain sterling qualities. The public expect of members of the bench total commitment to the cause of justice. No less commitment is required from members of the bar that present cases for all suitors that go before the bench for Justice. In this regard, lawyers are regarded as ministers (not serfs or plebeians) in the temple of justice. They are equal partners in the constitutional quest to provide justice to the people. Consequently, it is expected that both the Bar and Bench will at all times, particularly in the course of their service to justice, protect and uphold the Rule of law, respect and observe due process, exhibit great learning and independence at all stages in the discharge of this sacred function and generally inspire confidence in the administration of Justice.

“The result, if the foregoing are scrupulously observed and applied is that the society will be peaceful, secure, progressive and blessed. Such society whose judges offer justice to her people prospers in all ramifications be it economic, social or political. The converse is the case for a society with a warped, unreliable and or unpredictable system of justice or which possess a fine system but whose operators are corrupt or unreliable. Either way, the society is worse off for it.

“The Bar fails in her duties to the society and the cause of justice where it condones tyranny from any arm of government. Most detestable is judicial tyranny because its effect emasculates the people. It is against this background that I wish to report on certain pressing recent events that have rocked the sanctity of our fledgling democracy.”

On the face-off between Chief Justice Aloysius Katsina-Alu and Salami, he said, “It is essential to commence this report by providing some background information about the NJC. About three weeks ago, in the middle of proceedings of the CJN/PCA face-off, legal practitioners were required to excuse themselves. The coincidence was inauspicious. From that point the Council continued unabated with the process that has led us to the sad state of affairs that now exists.

“The plaintiff is Justice Salami and the 11 defendants are principally the NJC and 11 other members of Council excluding of course the representatives of the Bar. The cause of action arises from the disciplinary proceedings in the nature of the report of 2 committees set up by the NJC leading to the meeting of the 18th of August 2011 wherein the PCA’s retirement was purportedly recommended to the President of the Federal Republic of Nigeria. He was also suspended forthwith from the performance of his constitutional and judicial functions.

“From undisputed facts available to us, NJC was aware of the pendency of the above law suit. This is clear from the press statement signed by its secretary and published in many national dailies between August 18 and 20, 2011. I have it on irrefutable authority that the NJC decided to proceed with their action in the face of pending court proceedings ‘Since the said papers were not signed by any judge to show that it had been properly filed; that no court or date of return was stated on the process; parties that were NJC members were not served and for that reason section 158 of the Constitution applies and that NJC is therefore not subject to the direction of any authority or any person’.

“The question is whether this provision allows the NJC to proceed with the action regardless of the pendency of court proceedings. Is the court here an ‘authority’ or a ‘person’? The relevance of this poser is that if answered in the affirmative then that provision acts as an ouster clause to court intervention to the actions or inaction of the NJC. I will like to say straightaway that Section 158 is not an ouster clause to the powers of the court to intervene and correct any perceived error made by the NJC which has provided a cause of action to the injured party.

“Clearly sub judice when the NJC proceeded with its actions on August 18. The judicial reversal of the NJC’s unfortunate and worrisome actions is a matter to be left for the law courts to deal with as they deem fit. It is a matter of great regret and shame that a judicial organisation of the calibre of the NJC can ride roughshod over the processes of a court of law. The implication for Nigerian judicial process is catastrophic. If not remedied, we are witnessing the slide into anarchy and lawlessness which history will record as having been fired up by the judiciary.

(a part of the legal profession). We shall not sit idly by and watch our profession ridiculed and brought into disrepute in the public domain. I am further recommending to NEC to advise the President having regard to the uncontroverted fact that a suit was pending when the NJC brazenly took their decision, to decline to proceed further with the matter and to advise NJC to revert to status quo ante.”

NJC’s comments to NBA’s charges could not be obtained at press time last night.

It seems that all the frustrated fools are out in force. I smell calls for revolution ahead, led by (as usual yoruba people) with their paid for ibo thugs.
The NBA needs to be very carefull, it is becoming more obvious by the day that it has a political agenda. For a proffesional body whose membership is made up of people from ALL political views being the ACN's foot stool will ultimately be fatal.

Johndoe100:

It seems that all the frustrated fools are out in force. I smell calls for revolution ahead, led by (as usual yoruba people) with their paid for ibo thugs.
The NBA needs to be very carefull, it is becoming more obvious by the day that it has a political agenda. For a proffesional body whose membership is made up of people from ALL political views being the ACN's foot stool will ultimately be fatal.

Olodo, go and join them and try to change their views if you can, then you will realise everybody is not a dimwit like you and beaf.

why waste your time calling him Beaf, Since we now the face of the evil after his ugly mask was shredded ? Reno Omokri Bemigho aka BEAF the shameless hench dog, stunch benefacto of terror and a vimpire that innocent blood drips off his chin with spike teeth wide open SHALL never know PEACE!

seanet02:

Olodo, go and join them and try to change their views if you can, then you will realise everybody is not a dimwit like you and beaf.