[size=13pt]'Shut Up' ,CJN Orders NJC, as it Sues Salami[/size]



From Tobi Soniyi, Adebiyi Adedapo and Racheal Obewhere in Abuja

Determined to ensure the judiciary is not further dragged into a mire of crisis, Acting Chief Justice of Nigeria (CJN), Justice Dahiru Musdapher, yesterday in Abuja barred all institutions under the judiciary from commenting on matters pending before courts.

The Acting CJN’s directive may not be unconnected with the press conference held by the National Judicial Council (NJC) on why the President of the Court of Appeal (PCA), Justice Ayo Salami, was suspended.

Meanwhile, the NJC has filed a suit against Salami, urging the court to dismiss the latter’s case based on its incompetence and lack of jurisdiction by the court. A statement signed by the Chief Registrar of the Supreme Court, Mr. Sunday Olorundahunsi, said all heads of judiciary organs should get clearance from the Acting CJN’s office before making statements on pending matters. The brief statement reads: “The Acting CJN, Justice Dahiru Musdapher, has barred all organs of the Nigerian judiciary from commenting directly or indirectly on matters pending before any court of law.

“The CJN has directed that henceforth recourse should be made to his office by heads of all judicial organs before any comments or information could be made public to avoid misrepresentation or pre-empting court decision.”

NJC had on Monday addressed journalists in Abuja, in an effort to correct what it described as misconception of facts surrounding Salami’s suspension from office. At the briefing, the council insisted that Salami was suspended for grossly breaching the Code of Conduct for judicial officers. It argued that prior to his suspension, several other judges had also been sacked for similar offences just as it debunked insinuations that there was no quorum when it sat on August 18 to recommend the suspension of Salami.

It stated that members of the Nigerian Bar Association (NBA), who were members of the NJC, could only sit when the appointment of judges to superior courts of record was to be considered. It further pointed out that the President of the Customary Court of Appeal, Justice Moses Bello, who presided over the said meeting of August 18, was eminently qualified to chair the emergency meeting, adding that: “In the absence of the Chairman or Deputy Chairman of the NJC, all other members are equal according to the law that set it up.”

The council’s Director of Administration, Mr. Eugene Odukwu, who briefed journalists said: “By virtue of Section 153 of the 1999 Constitution as amended, the quorum for a meeting of the bodies established under this section of which the NJC is one shall not be less than one-third of the total number of members of that body and contrary to what is being fed the public, the total members of the NJC is 24 and not 28.”

According to him, “In view of paragraph 20 of part one of the third schedule of the 1999 Constitution as amended and section 159 thereof, the number of members of council including five NBA nominees for the purpose of considering persons for appointment to the superior courts of record only at such meeting shall be 24 otherwise, the relevant number of members of Council shall be 19.”

“As to what number of the members of council shall form a quorum which is one-third in any of the council meetings with or without the NBA members, the court will determine,” he added.

He said that the council would tender the register of attendance to show the number of council members who attended the meeting at which Salami was suspended.

In the suit filed against Salami yesterday at the Federal High Court, Abuja by the Chambers of Chief Mike Ozekhome (SAN) and served on Salami through his counsel, Chief Akinlolu Olujinmi (SAN), NJC based its objection on the grounds that Salami could not ask for an interlocutory order, which have the effect of determining the substance of the main suit pending before the court and of which evidence viva voce will be required. NJC argued that an order setting aside an act already completed cannot be granted by way of an interlocutory application, as doing so would amount to granting a relief and asking the maintenance of the status quo of an act already completed.

NJC asserts that Olujinmi (SAN) is a principal partner with Rotimi Akeredolu (SAN) in the law firm known as Olujinmi and Akeredolu, while Akeredolu is a member of NJC, the defendant in the suit. As a result, NJC believes that there is obvious conflict of interest since Akeredolu, knowing the secret and inner workings of the NJC of which he is a member, cannot possibly litigate against the NJC using his alter ego, Olujinmi.

In the same vein, the court room turned theatrical yesterday during the suit filed by Salami, as Lucious Nwosu (SAN), counsel to the retired CJN, Aloysius Katsina-Alu, objected to the appearance of Salami’s counsel, Emeka Ngige (SAN). Argument ensued when Nwosu raised an observation regarding the appearance of Ngige and A. J. Owonikoko (SAN) as the duo had not been listed among the legal team on the process before the court. Nwosu sought clarification from the court.

http://www.thisdaylive.com/articles/shut-up-cjn-orders-njc-as-it-sues-salami/98037/

bUnCh Of WeIrDoS, aRe YoU tAlKinG tO mE aT aLl?

CJN shuts NJC up, I tot FOI is active.

Was this case not in the court before NJC went ahead to suspend SALAMI? They(njc) even evaded court service. Bunch of hypocrites. Why wont corruption thrive when the last hope of the land has messed up her integrity by frolicking with politicians. Shame on them all!

^^^^ exactly my tots.

From one problem to another day by day,lord Jesus let your will be done in this country Nigeria.AMEN
geomelgroup.org

Nigeria jagajaga. everything scatter scatter scattter, , . eedris abdulkareem 4 life

I've got only two words, GANI FAWEHINMI!!!

@geomel

this is not about "jesus let your will be done" its more about our senseless leaders gaining some sense.
Salami had already instituited a case against the NJC seeking among other reliefs a maintenance of the status quo pending determination of the suit but the NJC still went ahead to suspend him.so now the same NJC realises that the case is before the courts and shouldnt be commented on.those justices are just bloated,big-bellied idiots.
So even the NJC is not aware of what it takes to constitute a quorum in its meetings,this us a super,duper dose of laughing gas

Exponental:

CJN shuts NJC up, I tot FOI is active.

FOI are you serious

Judiciary don fall my hand.With all these stories from wikileaks,judiaciary is no more the last hope of the common man but the first hope of the rich

Salami is laughing to the bank with Tinubu checks, lol

bird of the same feather.