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*** Writes NJC for go-ahead to resume

Reinstated President of the Court of Ap-peal, Justice Ayo Sa-lami yesterday replied the Federal Government over comments credited to it to the effect that President Jon-athan would not reinstate him until all lawsuits touch-ing on his suspension have been resolved either way

Justice Salami who has approached the Chief Jus-tice of Nigeria (CJN), Justice Dahiru Musdapher, afresh, to issue him a letter rein-stating him to enable him resume office, said President Jonathan has no role to play in his reinstatement.

Justice Salami who said yesterday that the Federal Government could not give any condition for his re-instatement declared that it was only the National Ju-dicial Council (NJC) which suspended him that could reinstate him to the office.

He said that the letter written to President Jona-than by NJC reinstating him was only to inform him of its fresh position since the earlier decision to sus-pend him was also commu-nicated to him.“You cannot give what you do not have.

Section 238 (4) and (5) of the 1999 Constitution does not give Mr. President powers to suspend from office and can therefore not suspend or recall a judicial officer suspended by NJC,” his lead counsel, Chief Akinlolu Olujinmi (SAN) yesterday told Saturday Mirror.

The fresh demand for his reinstatement letter came on a day indication emerged that the NJC is unwilling to elongate the tenure of the Acting President of the Court of Appeal.

The Council said that the fact that Justice Salami had not officially resumed office did not imply leadership vacuum or constitutional crisis because his letter of recall indicated that he had been reinstated to his office before the appointment of the Acting President of the Court of Appeal expired.

The Federal Govern-ment, it would be recalled, had broken its silence on the status of the reinstated President of the Court of Appeal, Justice ISA Ayo Sa-lami, saying he remained suspended until the law court ruled otherwise.The National Judicial Council (NJC) which got the endorsement of Presi-dent Jonathan Goodluck to suspend and replace Justice Salami as President of the Court of Appeal had re-versed itself on May 11 and recommended his immedi-ate reinstatement to his seat.

But the Attorney General of the Federation and Min-ister of Justice, Mr. Moham-med Bello Adoke (SAN), had, in Abuja declared that there was no way President Goodluck Jonathan could act on the recommendation of the NJC in view of the fact that the jurist’s suspen-sion was already a subject of litigation before an Abuja Federal High Court.

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