COURT of Appeal President Isa Ayo Salami got a clean bill of health yesterday.

A five-man Reconciliation Committee set up by the National Judicial Council (NJC) to broker peace between the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu, and Justice Salami cleared the Court of Appeal chief of any wrongdoing.

On the committee are retired Supreme Court Justices B.O. Babalakin, A.B. Wali, Anthony Iguh and Emmanuel Ayoola as well as a former Appeal Court President, Justice Mustapha Akanbi.

The Chairman of the panel, Justice Babalakin, tendered its findings while testifying before a five-man probe panel set up by the council to investigate the allegations and counter allegations between the duo yesterday.

The probe panel headed by a former President of the Court of Appeal, Justice Umar Abdullahi, has the former Chairman of the Independent Corrupt

Practices and Other Related Offences Commission (ICPC), Justice Ayoola, Hon. Justice D. O. Edozie, Justice M. E. Akpiroroh and Hajiya Rakiya S. Ibrahim, as members.

Justice Babalakin said the Reconciliation Committee concluded that the CJN has no power to interfere with proceedings in any court as was done in the Sokoto State governorship election petition appeal.

The CJN had through a letter stopped the Sokoto State governorship election petition appeal from delivering its judgment in an appeal filed by Alhaji Muhammadu Dingyadi of the Democratic Peoples Party (DPP) against the 2007 election victory of Governor Aliyu Magatarkarda Wamakko of the Peoples Democratic Party (PDP).

Justice Salami alleged that Justice Katsina-Alu asked him to compromise the Court of Appeal’s verdict on the protracted Sokoto governorship legal tussle by either disbanding the original panel, which he (Justice Katsina-Alu) believed was about to give a verdict against the governor or to direct the panel to give judgment in the governor’s favour.

The request, he said, he declined.

Although this was kept under wraps, it became public when Justice Katsina-Alu planned to elevate Salami to the Supreme Court – an offer Justice Salami rejected.

A copy of the conclusions of the Babalakin-chaired Committee obtained by our correspondents reads: "There is no case of misconduct made against the Hon. President of the Court of Appeal in the petitions.

"The Committee finds that the Hon. Chief Justice of Nigeria as the Chairman of the National Judicial Council has no power to interfere with any proceedings in any Court as was done in this case.

"That the Hon. President of the Court of Appeal put many matters in his reply to the petitions and since such matters are not complaints falling under the petitions, we do not see the need to deal with them.

"In regard to the petition dated 22/2/2009 which should read 22/2/2010 against the Hon. Chief Justice of Nigeria by Democratic Peoples Party (DPP), the Committee finds that on the face of it there is no misconduct established against his Lordship."

A source at the sitting yesterday revealed that Justice Akanbi described Justice Abdullahi’s committee as a waste of time and resources with no benefit to the nation.

Justice Akanbi also objected to the presence of Justice Ayoola on the Abdullahi panel while testifying before the panel yesterday in Abuja.

Since Justice Ayoola sat on the Reconciliatory Committee and was part of the decision taken, Justice Akanbi felt he should not be part of the probe panel.

The same position was taken by Justice Babalakin who chaired the first committee that was set up to look into the Sokoto State matter before the Justice Abdullahi panel was set up.

According to the two jurists, the Sokoto matter has already been deliberated upon by the panel chaired by Justice Babalakin, in which Justice Ayoola and Justice Wali were also members.

By setting up the probe panel, they believed the CJN, who is due for retirement in August, was enjoying undue advantage over the PCA, who is to retire in 2013.

The Presiding Judge in the Court of Appeal, Justice Musa Dattijo also denied that the judgment leaked as the CJN was made to believe by Senator Umaru Dahiru.

In his testimony, Justice Dattijo described the Senator’s claim as a "terrible lie", adding that he never informed him of the panel’s decision on the Sokoto matter.

The sitting continues today.
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