THE National Judicial Council (NJC) is reportedly spilt over the main agenda for its meeting fixed for February 1 and 2.

The members would be voting to consider a controversial recommendation by the three-man special sub-committee of the Judicial Reform panel that the suspended President of the Court of Appeal, Justice Isa Ayo Salami, should be reinstated to his office by the council.

The Chief Justice of Nigeria (CJN), Justice Dahiru Musdapher, whose testimony at the Justice Umaru Abdullahi panel hung a perjury case on Salami’s neck, is reportedly at the forefront of “Operation Restore Salami,” with a few council members said to be on his side.

Those against his restoration as recommended by the sub-committee as a way of protecting the sanctity of the council’s sovereignty, according to an insider, are said to be in the majority, with a certain Chief Judge said to be the most vocal among the opposition.

A council member had noted that while Salami’s reinstatement was not a problem, the recommendation of the sub-committee that he should be reinstated before he would be persuaded to withdraw the suit he filed at the Federal High Court, Abuja, challenging his suspension, according to the source, amounted to non-adherence with due process.

It was gathered that the due process would be for Salami to file a plea for reversal of his suspension and not for an advisory body like the judicial panel dictating to a constitutional body like the council.

Nigerian Tribune also gathered that many members would not be given to discussing the issue on Wednesday and Thursday due to the pendency of Salami’s suit in court, with a source pointing out that if the reform panel says that Salami’s suspension was done subjudice, it would be wrong of the umbrella body for the judiciary to commit the alleged infraction all over again by considering Salami’s case, when the matter is still pending.

Nigerian Tribune was also told that it was even subjudice for the reform panel to have considered and taken a position on a matter before a competent court of law.

Two fresh suits being instituted on the matter may stop the council from discussing the Salami issue, if the NJC was minded to countenance the pendency of the cases in court.

Former governor of Ekiti State, Chief Segun Oni, had filed a suit before the Federal High Court, Abuja, seeking an Order of Mandamus, directing the Attorney-General of the Federation (AGF) and Minister of Justice to institute criminal proceedings against Salami over the perjury case.

A lawyer, Ajare Noah, had also reportedly filed an action at the Federal High Court, Abuja, asking that the council should be restrained from discussing the Salami issue, due to the pendency of his case in court.

Both the NJC and the reform panel were listed as respondents in the suit.

It was also learnt that even if Salami withdraws his suit, the issue of his suspension may not be laid to permanent rest, considering a reported plan by one of the respondents in the Salami suit to institute a fresh suit on the matter, challenging some of the allegations levelled by Salami in his suit.

A source close to the said respondent told the Nigerian Tribune that the move would be necessary to clear the air on some issues that bordered on criminality, adding that in the course of the planned fresh litigation, Justice Musdapher may be subpoenaed and docked, considering his role as a star witness during the Abdullahi panel probe.

Meanwhile, a fresh controversy is trailing the report of the judicial reform panel in relation to the number of members who appended their signatures to it.

While the report in circulation has 11 members not appending their signatures, another version with just four abstaining has surfaced.

While the two versions of the report are same in content, the number of the signatories has become an issue due to the suspicion that the one with just four members abstaining might have surfaced gave the report that 11 members did not sign.

Both copies did not have dates to the signatures, with a source explaining that the copy that was submitted contained just four persons not signing.

The source ruled out any sleight of hand.

Meanwhile, on the case involving former Ekiti State governor, Chief Oni, which was instituted through his counsel, Mr Segun Ilori, said: “It is in the interest of Justice, fairplay and the rule of law to prosecute the suspended President of the Court of Appeal, Justice Salami, for giving false evidence as the prosecution borders on an issue of national interest, public concern, social justice and equality before the law.”

He averred that Justice Salami deposed to facts in his affidavit of February 7, 2011 and March 31, 2011, about the existence of a state of affairs, which was later shown not only to be false but also to have been made knowing those facts to be false, with the aim of misleading conclusion in a judicial proceeding in contravention of S156, 157 and 158 of the Penal Code Laws of the Federal Capital Territory.

In the motion ex parte filed on Thursday, January 26, 2012, and made available to the Nigerian Tribune, the former governor is seeking an order of the court granting leave to him to apply for an Order of mandamus directing the AGF to institute criminal proceedings against Justice Salami “for giving false evidence contrary to Sections 156, 157 and 158 of the Penal Code Act, Laws of The Federal Capital Territory.”

Alternatively, Oni wants an order of the court directing the AGF to issue “a fiat to the applicant to institute criminal proceedings against Justice Salami.”

He stated 26 grounds upon which the order of mandamus was being sought, and supported the application with a three-paragraph statement of facts, as well as a three-paragraph verifying affidavit he personally deposed to.

Also, in support of the application, Oni attached four exhibits, which include Justice Salami’s affidavit in support of his motion on notice of February 7, 2011; affidavit in response to the allegation of former Chief Justice of Nigeria (CJN), Justice Aloysius Katsina-Alu, dated March 31, 2011; report of the National Judicial Council Panel of August 10, 2011 and a copy of the his (Oni’s) letter of January 19, 2012 to the AGF entitled: “Request for the prosecution of Honourable Justice Isa Salami for perjury.”

In the 26 grounds raised by Oni, he said; “On February 7, 2011, the Honourable Justice Isa Ayo Salami sued the then Chief Justice of the Federation, Honourable Justice Alloysius Iyorger Katsina-Alu, vide an originating summons on the grounds that the latter had orchestrated plans through the Federal Judicial Service Commission to forcefully promote him to the Supreme Court.

“In paragraphs 8-17 of the supporting affidavit, forming part of the originating summons, Honourable Justice Isa Ayo Salami, stated chronologically, a sequence of events, including the then Chief Justice of the Federation’s attempt to allegedly influence the decision of the Sokoto Gubernatorial Election Petition Appeal Panel, which he had constituted.

“Among the allegations levelled against the Chief Justice of the Federation in the said affidavit, he stated in Paragraph 11 that the Chief Justice of the Federation asked him to disband the panel that he had set up for the purpose on the grounds that the panel would allow the appeal and begin a chain reaction that would lead to the removal of the highly revered Sultan of Sokoto.

“Hon. Justice Salami also maintained in his affidavit that he refused to disband the said panel, following which the Supreme Court arrested the judgment of the Court of Appeal panel and brought same under the Supreme Court, following which the appeal was dismissed.

“In the affidavit, he traced the frosty relationship between himself and the then Chief Justice of the Federation to the “Sokoto incident.”

The former governor noted that pursuant to the hearing of the Justice Umaru Abdullai-led National Judicial Council (NJC) Panel, Justice Salami deposed to a five-paragraph affidavit on March 31, 2011.

“Honourable Justice Isa Salami stated in the said paragraph 4(v) of the sworn affidavit that ‘the Honourable Chief Justice of Nigeria actually instructed me to direct the panel of justices hearing the Sokoto State gubernatorial appeal panel to dismiss the appeal which I told him I could not do.’

“When Honourable Justice Dahiru Musda-pher, the current Chief Justice of the Federation, was invited by the Abdu-llahi-led panel of the NJC, he denied the assertions in paragraph 4(v) of the affidavit of March 31, 2011 being the only witness, stating that while he was in the office of the then Chief Justice of the Federation on the said day, the Chief Justice of the Federation never asked Honourable Justice Isa Ayo Salami to compromise the Sokoto gubernatorial appeal panel.

“After the hearing, the panel closed its proceedings, the NJC subsequently released its report of the panel and stated that the president of the Court of Appeal was not telling the truth when he accused the Chief Justice of the Federation of wanting to influence the judgment of the Court of Appeal.

“The panel in the said report stated its finding on page 96 as follows: ‘From all the circumstances, there is available evidence that the CJN did not give instructions to the PCA to direct the panel to dismiss the appeal’’…. ‘’ the panel finds that the allegation that the CJN had taken over the running of the Court of Appeal in an unprecedented manner as unfounded.’

The NJC conclusions stated: ‘At the end of deliberations, the council decided as follows: That the allegation made by the Honourable President, Court of Appeal, Honourable Justice Isa Ayo Salami, that the Honourable Chief Justice of Nigeria, Honourable Justice Aloysius Katsina-Alu, instructed him to direct the Sokoto gubernatorial appeal to dismiss the appeal by the Democratic Peoples Party of Nigeria is NOT TRUE.’

Comments (8)

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written by davo, January 30, 2012

we know the truth...Abdulahi is a crook!

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written by bankky, January 30, 2012

There is no doubt this paper has lost its credibility, instead of you using your time to report things that will benefit Nigerians, you are busy reporting for Segun Oni and Oyinlola. There is no doubt this is PDP newspaper, one of the enemies of Nigeria.

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SALAMI/NJC
written by lanre A, January 30, 2012

Banky, why are you writing like half baked person, some of us hold NIGERIAN TRIBUNE in high esteem because of its balance reporting. However look at the substance of the case rather than been sarcastic.

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Tribune and Salami
written by Tuesday, January 30, 2012

Only God knows what Awolowo will be thinking in his grave. See what greedy people has turned his newspaper into. This is bad. What interest has the Tribune on Salami's case that it has become the only newspaper monitoring everything concerning this incorruptible judge. I dey laugh ooo. Do these greedy people in the Tribune thinks falsehood can defeat truth? Let us watch and see. I have said it before that Salami will be vindicated before he dies and I stand on that point. The greedy people of Tribune Newspaper will soon begin to weep because they will always lose.

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Oni the pipe dreamer.
written by Manu Atoshi II, January 30, 2012

The founder of this paper wherever he is will be turning bitterly in the grave.Segun Oni is a caracature.

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Salami’s planned reinstatement splits NJC •Fresh litigation may stall council meeting •Controversy over panel members’ signatures •CJN may be docked •Oni sues AGF over Salami’s perjury case
written by segun olanrewaju, January 30, 2012

Segun must understand that those who live in glass house does not throw stones. If everything about Ayo Salami is blown into open, lots of PDP big wigs will suffer. Segun Oni must realised that he did not win the election in the first place and crying over split milk is wasting of time. Segun should go back to drawing board and re-strategise himself and stop going to court for forgone cases afterall when Obasanjo rigged election agaisnt AD, none of them went to court, Segun Oni should learn from Osoba and co .

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written by Omolaja, January 30, 2012

Tribune is the only paper that has refuse to follow the 'settle them, buy over& silenced the media ' practice of Tinubu. That is why other newspapers have not been reporting this imprtant matter that affects the judiciary/NJC.

May GOD ALMIGHTY preserves your company and its staff and stakeholders for the good work of standing for truth! For all corrupt politicians and press men...judgement is near!

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Justice
written by Akosile, January 30, 2012

I hope justice will be done without fear or favour. It is a case that burders on the national interest as well as discipline and punishment in our judicial system. Am crying for this nation, look at the last comment. I pity the person, he had already sold his conscience to self interest. I pity Nigeria.

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