NJC finds Justice Salami guilty of misconduct


. Appeal Court president gets 7 days to apologise

The National Judicial Council (NJC), presided over by Justice Dahiru Musdapher, has found the President of the Court of Appeal, Justice Ayo Salami, guilty of professional misconduct. That was after the council reviewed the concurrent findings of two separate panels which investigated allegations of professional misconduct against the Chief Justice of Nigeria (CJN), Justice Aloysius Katsina- Alu and Salami. The NJC subsequently gave Justice Salami seven days ultimatum to tender unreserved apology to Justice Katsina-Alu over his allegation on oath that the CJN attempted to manipulate the course of justice in the Sokoto gubernatorial election dispute.

The NJC, which found Justice Salami guilty of its code of conduct, also directed him to tender a separate apology to the council for the harm caused the integrity of the judiciary by the allegation. The apology, the council said, must in writing. Justice Salami had, in an affidavit, alleged that the CJN forced him to compromise his judicial oath of office by influencing a judgment of the Court of Appeal on Sokoto gubernatorial dispute in favour of the sitting governor against the weight of evidence before the court. Justice Salami himself was probed by the NJC panel headed by his immediate predecessor-in-office, Justice Umaru Abdullahi, over the conduct of the appeal panel in the removal of Ekiti State Governor Segun Oni and the Osun State Governor Olagunsoye Oyinlola. Reviewing the findings of the two panels that sat on the case, the NJC gave a clean bill of health to Katsina- Alu over his conduct in the Sokoto gubernatorial dispute.

In fact, the council said that the allegation by Justice Salami, which was discovered to be untrue, amounted to a “misconduct, contrary to Rule 1(1) of the Code of Conduct for Judicial Officer of the Federal Republic of Nigeria.” In a statement by NJC yesterday, the council said: “The National Judicial Council at its 6th emergency meeting held on August 9, 2011, deliberated on the two separate reports of its committees on the allegations levelled against the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu; the President, Court of Appeal, Justice Isa Ayo Salami and some justices of the Court of Appeal. “At the end of deliberations, the council decided that the allegation made by the President, Court of Appeal, Justice Isa Ayo Salami, that the Chief Justice of Nigeria, Justice Aloysius Katsina- Alu, instructed him to direct the Sokoto gubernatorial appeal panel to dismiss the appeal by the Democratic Peoples Party of Nigeria, is not true. “The council found that the CJN acted in good faith and was motivated by the apparent urge to protect the administration of justice and avoid breach of peace when directed that the judgment in the Sokoto gubernatorial appeal be ‘put on hold’ pending the investigation of the petitions he had received on the matter.

“Therefore, the CJN was exonerated of the allegation of interference with court proceedings in the Sokoto State gubernatorial election appeal. “That the justices of Court of Appeal who served on the Sokoto State governorship appeal panel namely; Justices Musa Dattijo Mohammad, Paul A. Galinje, John Inyang Okoro, Mas’oud Oredola and Regina O. Nwodo, have no issue to answer. “That Justice Salami and other justices who served on the Ekiti and Osun states gubernatorial election petition appeal tribunal namely; Justices Clara Bata Ogunbiyi, O. Ariwoola, Chiman Centus Nweze and Adamu Jauro have no ‘issue’ to answer as it found that the call logs relied upon by the petitioners lacked authenticity and evidential value and, therefore, no sufficient evidence to establish unethical communication between them.

“Having, therefore, established that the allegation by Justice Salami against Justice Katsina-Alu, regarding the Sokoto Gubernatorial Election Appeal was false, council decided that it is a misconduct contrary to Rule 1(1) of the Code of Conduct for Judicial Officer of the Federal Republic of Nigeria. “Thus, council further decided that the President of the Court of Appeal should be warned for such unethical conduct which eroded the public confidence in the integrity and impartiality of the judiciary and apologise in writing to both the CJN and the NJC within a week from today, August 10, 2011.”


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