Just saw this on facebook:

NJC suspends Salami, asked to hand over to d most senior justice of Appeal Court. Recommends removal to d President!

Thunder strike dead all those who sat down and took this decision.

jmaine:

Power pass power   

We will surely know the Power that last. NJC will fail or the crises that will follow will be the root of Nigeria's disintegration mark my word

i got questions please
1. Does the NJC have power to suspend a PCA
2. whats the rush for? arent they aware that Salami has gone to court over the issue?
3. Can anyone except the CJN or immediate lower judge preside over NJC?
4. why is the NBA keeping quiet over this matter?
ARE THOSE GUYS MAD?!!!!!!!!!!!!!!!

Knight1:

i got questions please
1. Does the NJC have power to suspend a PCA
2. whats the rush for? arent they aware that Salami has gone to court over the issue?
3. Can anyone except the CJN or immediate lower judge preside over NJC?
4. why is the NBA keeping quiet over this matter?
ARE THOSE GUYS MAD?!!!!!!!!!!!!!!!

Exactly what is bothering me

The National Judiciary Council, after an emergency meeting in Abuja on Thursday, announced the suspension of the President of the Court of Appeal, Justice Ayo Salami over his refusal to apologise to the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu and the Council after a panel set up by the council found him to have lied against the CJN.



Justice Ayo Salami, suspended

The council, in a statement signed by it’s Director of Administration, Mr. E.I. Odukwu, directed Salami to handover to the next most senior justice of the Appeal Court.

The statement reads: “Pursuant to the powers conferred on the National Judicial Council in the Constitution of the Nigeria, 1999 as amended, Hon. Justice Isa Ayo Salami, OFR, President of the Court of Appeal has been suspended from office with effect from today 18th August, 2011.The decision was reached at the 7th Emergency Meeting of the Council held on 18th August, 2011″.

The National Judicial Council further directs that Justice Salami should hand over the affairs of the Court of Appeal to the next most senior justice of the court.

Meanwhile a recommendation has been forwarded to the President, Dr. Goodluck Jonathan to retire him from service.

The council did not make any reference to the suit filed by Salami at the Federal High Court in Abuja wherein he is challenging the report of the Justice Umaru Abduallahi panel which investigated him and Katsina-Alu for alleged misconduct.

Another sub-committee of the NJC, headed by the Chief Judge of the Federal High Court, Justice Ibrahim Auta recommended that Salami should tender a written apology to both Katsina-Alu and the council.

The Auta’s committee also recommended that Salami be cautioned. A letter of caution had already been sent to him.

In arriving at its decision, the council based on the Auta panel’s recommendation, found Salami in breach of Rule 1(1) of the Code of Conduct for Judicial Officers. The Rule provides: Rule 1 “A Judicial Officer should avoid impropriety and the appearance of impropriety in all his activities. (1) A Judicial Officer should respect and comply with the laws of the land and should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

Salami refused and headed for the court. In the suit Salami is asking the Federal High Court in Abuja to set aside the proceeding and findings of the investigation panel headed by Justice Umaru Abdullahi retired and the recommendation of the panel headed by Justice Ibrahim Auta.

He asked the court to declare that the setting up of the NJC Investigation Committee and its composition were in gross violation of the principles of natural justice, and his constitutionally guaranteed right to fair hearing under Section 36 of the Constitution of the Federal Republic of Nigeria 1999(as amended) and is therefore unconstitutional, null and void

He listed the following as defendants, the National judicial Council; Hon. Justice Dahiru Musdapher; Hon. Justice Aloysius Katsina-Alu; Hon. Justice Umaru Abdullahi; Hon. Justice Emmanuel Ayoola; Hon. Justice Dominic Edozie; Hon. Justice Michael Akpiroroh; Mrs. Rakia Sarki Ibrahim; Hon. Justice Ibrahim Ndahi Auta; Hon. Justice Kate Abiri; and Hon. Justice Peter Umeadi.

Three Senior Advocates of Nigeria, namely Chief Akin Olujinmi(SAN), Rickey Tarfa (SAN); Chief Adeniyi Akintola(SAN) filed the case on behalf of Justice Salami.


http://pmnewsnigeria.com/2011/08/18/nigeria-suspends-top-judge/

PDP and Katsina Alu have set the stage the destruction of the judiciary.

If the dumb old men that sat on the committe calling themselves learned people cannot respect the fact that there is a court case against their kangaroo committee then the end of the judiciary has finally come

Resorting to self help by the NJC is a disaster.

It is the invitation of the Military.

If the last hope of the ordinary man, the umpire of justice has been desecrated by polluted men then there is no hope

This is the an open invitation to Military

1966 Dejavu!

The decision is dead in arrival.
It null and void , of no effect.

The news has just broken that the National Judicial Council, at its meeting of today, has “suspended” Hon Justice Isa Ayo Salami, the President of the Court of Appeal, from the office.

This decision of the NJC is illegal and unconstitutional. It is condemnable and we hereby condemn it

Why do we say that the decision of the NJC is is illegal and unconstitutional and why do we condemn this decision?

First, the NJC is aware that Hon Justice Isa Ayo Salami, the President of the Court of Appeal has instituted an action in the High Court not only to challenge the constitutionality of the panels, set up by the NJC to look into the crisis of confidence that is plaguing the Judiciary at the apex levels, the recommendations of the panels, but also the decisions of the NJC, based on those recommendation, chief among which was the directive of the NJC to Hon Justice Ayo Salami to apologize to the outgoing CJN and the NJC for allegedly lying on oath. The NJC has publicly acknowledged that it had been served court processes in this regard.

Now, the Rule of Law in Nigeria, with which we are familiar, is that once a civil matter is placed before a court or judicial tribunal for adjudication, parties to the court action must refrain from doing anything capable of overreaching, undermining or foisting a fait accompli on the court. Doing so will not only be tantamount to subverting the rule of law, but also will amount to treating the court with contempt, the punishment of which is imprisonment. No matter the impatience on the part of parties, they are under a legal obligation to await the outcome of the resolution or determination of the issues submitted to the court for adjudication. This was the golden rule laid down by the Supreme Court in the case of Gov. of Lagos State v. Ojukwu ( 1986) 1 NWLR. Pt. 18, pg 621 at 623, where it was stated that “once the court is seised of a matter, no party has a right to take the matter into his own hands; and that ‘after a defendant has been notified of the pendency of a suit seeking an injunction against him, even though a temporary injunction be not granted, he acts at his peril and subject to the power of the court to restore the status wholly irrespective of the merit as may be ultimately decided’”

The question, therefore, is why has the NJC acted in this patently illegal manner? Why should the NJC that ought to be the bulwark for the promotion of rule of law, be subversive of the rule of law?

Second, the NJC has no power to suspend Hon. Justice Isa Ayo Salami from office. It can only, competently, recommend his suspension, to the President, in deserving cases, and the President can only act on such recommendation if it is supported by a two-third address of the Senate. This is the only rational and reasonable interpretation of the governing provisions in the Constitution.

Although the National Judicial Council has the power, under the Third Schedule, Part I, Paragraph I, Section 21(b) of the Constitution to recommend to the President the removal from office of the President of the Court of Appeal and exercise “disciplinary control” over him, it is clear that by virtue of Section 292(1)( a) of the Constitution of the Federal Republic of Nigeria, 1999, any recommendation of removal of the President of the Court of Appeal from his Judicial Office can only be effected by the President, acting on an address supported by two-thirds majority of the Senate.

For the avoidance of doubt, the said Third Schedule, Part I, Paragraph I, Section 21(b) of the Constitution provides that “ the NJC shall have power to recommend to the President the removal from office of (the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, and the Chief Judge and Judges of the Federal High Court) and to exercise disciplinary control over such officers”

Section 292(1)( a)(i) of the Constitution of the Federal Republic of Nigeria, 1999 provides that “a judicial officer shall not be removed from his office or appointment before his age of retirement, except in the following circumstances (a) in the case of the Chief Justice of Nigeria, the President of the Court of Appeal, the Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Khadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President( of Nigeria), acting on an address supported by two-thirds majority of the Senate, praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or body) or for misconduct or contravention of the Code of Conduct”.

It is our contention that just as in the case of removal of any removal of the President of the Court of Appeal from office, any exercise of power of “ disciplinary control”, over him, such as this suspension, must be subject to the approval of the President, acting on an address of two-third majority of the Senate. The correct interpretation of the above-cited provisions of the Constitution is that if the President of the Court of Appeal can only be removed from office only when a two-third address of the Senate directs the President to do so, in the same vein, the President of the Court can only be effectively and consummately suspended from office by the NJC, with a two third endorsement of the Senate and a decision of the President to that effect. This is the principle of checks and balances that is crafted in the Constitution.

It will, therefore, be wrong and presumptuous for the NJC to assume that it has a leeway to get rid of Hon. Justice Isa Ayo Salami, without recourse to the Senate and the President, by unilaterally “suspending” him from office. If the trinity of the judiciary, the executive and the legislature have to co-operate to remove a judicial officer from office, they must also co-operate to suspend him from office. The NJC cannot carry out its patent aggression against Justice Salami by resorting to a “ suspension from office” under the “ exercise of disciplinary control” clause.

It must be made clear that the appointment of Justice Salami to the position of the President of the Court of Appeal by the President of Nigeria, subject to the confirmation by the Senate, cannot be cavalierly subverted by the NJC, acting alone, and acting wrongly for that matter. This is not akin to a case of interdiction in the civil service, warranting the suspension of a civil servant, pending the outcome of an administrative investigation panel. The office of the President of the Court of Appeal is created by the Constitution and protected by it. And the President of the Court of Appeal is granted a security of tenure under the Constitution. The NJC cannot act to effectively remove the President of the Court of Appeal from office by latching on to “exercise of disciplinary control” shibboleth. This is an unacceptable violation of the provisions of the Constitution.

The third ground for condemning the action of the NJC is that the NJC’s action is likely to further erode the independence of the Judiciary, polarize and weaken it. By “suspending” the 2nd highest ranking judicial officer in the Federation, on this very flimsy ground of “refusal to apologize” the NJC has further dragged the Judiciary into the cesspit of Nigeria’s politics. The action of the NJC is thus self-degrading.

In the circumstances, we advise Hon. Justice Ayo Salami to disregard the latest directive of the NJC, pursue his case in Court, and challenge the latest unfortunate breach of the provisions of the Constitution, sadly by the NJC

We only hope Nigerians lawyers have not reached a critical stage to enact the act of civil disobedience that was adopted in Pakistan, not too long ago, to sanitize the Nigerian Judiciary.


Jiti Ogunye
President, Lawyers League for Human Rights.

Source:http://saharareporters.com/article/justice-salami’s-suspension-njc-illegal-and-unconstitutional-jiti-ogunye

If you retire Ayo Salami, Even Jonathan Goodluck will be retired. This is been honest with you. Even all governors and national assembly will retire to their home state. This is all I can tell you. It is a path even Jonathan Goodluck can not cross. A large portion of the Nigeria army is on my side.

make him wife call him and tell him. no be place where them dey go be that. even fashola , and all governor no go get job again. I dey tell una the truth. I dont lie.

noise makers una good morning ooo. I dont see how the sack of the president of the court of appeal can bring back 1966 or cause the military to come back.

Abiola's election was annulled and was eventually murdered and there was no coup or counter coup .

I think the igbos or delta igbos have length their lessons in a very difficult classroom with very wicked teachers and over a long period.noise makers una good morning ooo. I dont see how the sack of the president of the court of appeal can bring back 1966 or cause the military to come back.

Abiola's election was annulled and was eventually murdered and there was no coup or counter coup .

I think the igbos or delta igbos have length their lessons in a very difficult classroom with very wicked teachers and over a long period.

plz learnt not length , typos do happen.

The big picture is salami's happens to have stained his hands from the call log from mtn.

Ministers have been sacked, senate presidents and speakers removed , governors impeached and some weak jokers think salamis removal will disintegrate nigeria

Illegality of the highest order if truly there is a pending court case over the matter.

Kettykin, the rumoured call logs have been disclaimed by MTN publicly,

The NJC has become a biased umpire in this tug-o-war between Katsina Alu and Salami.

Why not wait for the courts to make a ruling in the suit filed by Salami challenging the NJC?

I hope GEJ doesn't allow himself to be used in this manner.

Can someone give the genesis of this issue? I am lost and floating.

This is another opportunity for lawyers to start speaking plenty plenty grammer.

Why was NJC quick to taken action over a case that is pending in the court of law? where were they in the case of Ogbeni Rauf Aregbe and Oyinlola when the Tribunal judge was found wanting, they kept mute.

kettykin:

The big picture is salami's happens to have stained his hands from the call log from mtn.

Wonder where you got your info from after Mtn has disowned the call log.

Rule of law in Nigeria is only applicable to common man
Look at gross injustice in the house of justice.
They are angry because the man said the truth about Oyo, Ekiti, Edo, Ondo, etc. Is it a crime to say the truth and do the right thing in Nigeria??

EXECUTIVE =  STEALING = MEDIOCRITY = CORRUPTION = FAILURE
LEGISLATIVE = STEALING = CORRUPTION = FAILURE
JUDICIARY = INJUSTICE  = CORRUPTION = FAILURE

Where does the hope of common Nigerians lies??

This is shocking? when the NJC refuse to be served with the Court processess filed by Hon Jus Salami but the said Council still went ahead to hold a meeting suspending the erstwhile President of the Court of Appeal.

At this point i would ask "IS THE NATIONAL JUDICIAL COUNCIL NOW ABOVE THE LAW THAT THEY CANNOT BE SERVED WITH ANY COURT PAPER BUT AT THE SAME VEIN THEY CAN PASS DOWN DECISION ON A JUDICIAL OFFICER." I THINK THERE IS SOMETHING THE NJC IS NOT SAYING.

This is a disgrace for our Country as a whole, the CJN wants a parting gift as he is retiring and his gift is to see that Salami is retired with him period.

Kettykin,

My own ref to 66 was not on the particulars of any military intervention but per se on the level of power usurpation and disregard for authority and boundaries of legislative powers.

The enemies of this man will never sleep until they finish him.
The true democrats should pray for him b`cos his enemies are mostly within the govnment.

"This is a disgrace for our Country as a whole,  the CJN wants a parting gift as he is retiring and his gift is to see that Salami is retired with him period."

It's a lot bigger than this sir! CJN wants a 5 year tenure elongation I gether.

some should me what katsina-alu has done wrong or salami has not done.the njc claim salami lied against katsina-alu.is it true?
i think salami was set up and he fell for it.

can someone tell me how serious this is?

NJC is made up of all tribes, religions in Nigeria with individual having interest in different parties. Based on this fact, I can't see any gang up against this man. Salami really disappoints NBA and that's why they keep quiet. And to all who are claiming that mtn denied the communication between Salami and the plaintiff's lawyers, you should go back and dig up panel reports. Mtn actually provided call logs to the panel. Whatever they might have discussed was irrelevant, the NJC point was that he actually breached Nigerian constitution.

babaearly:

can someone tell me how serious this is?

For Salami it is serious. The NJC are the "employers" of the judges. The fact is, if they cannot control Salami, then why should any judge listen to them? The authority of the NJC must be upheld otherwise that is the end of the judiciary. Salami might as well start employing his own judges.

Kastina alu forgets that one day he would retire from office and he would only be remebered for his legacy. What legacy has this man left other than putting the whole country in a constitutional crises.
I am sure very soon God would judge you.
The sit of the CJN is not for life,during your tenure you had somay problems from age falsification, to tenure elongation,to corruption,to disregard for the constitution.
I want to believe he is just senile, i dont blame him but i blame the people around him. Even though the Head is senile must d people around him be stupid.

Negro_Ntns:

Kettykin,

My own ref to 66 was not on the particulars of any military intervention but per se on the level of power usurpation and disregard for authority and boundaries of legislative powers.

You knew something in this plank of Nigerian history with reference to 1966 yet you lumber around debates centered on the era like a jackass.

I tot dis case is in court. Njc is being highhanded in this.

A Message for young lawyers:

When you go to England and the authorities there impose conditions on you to re-qualify that are more difficult than conditions for lawyers qualifying in say Ghana, Kenya etc, then realise that in part it is because of the actions like the idiots doing the dance of the mad men that we are currently seeing.

When we were in a democracy, NJC deals with Judges cases but in Dictatorship, DSS storms their residents in the middle of the night to kidnap them.

What a pity