Salami Salami
THE suspended Appeal Court President, Justice Isa Ayo Salami has asked an Abuja Federal High Court to stay hearing in his suit against the National Judicial Council (NJC) and others.
Other respondents are former Chief Justice of Nigeria (CJN) Aloysius Katsina-Alu, the incumbent CJN and Chairman of NJC, Justice Dahiru Musdapher, as well as members of the NJC’s fact-finding committee.
They include: Justices Umaru Abdullahi, Emmanuel Ayoola, Dominic Edozie, Michael Akpiroroh, Ibrahim Ndahi Auta, Kate Abiri and Peter Umeadi and Mrs. Rakia Sarki Ibrahim, all members of the NJC review committee.
At the resumed hearing yesterday, Salami’s counsel and former Attorney-General of the Federation and Minister of Justice, Akin Olujinmi (SAN), called the attention of the court to a new application.
In the motion brought pursuant to Section 295(2) of the 1999 Constitution as amended, Salami, who is challenging his suspension by the NJC, urged Justice Donatus Okorowo to refer some questions arising from the suit to the Court of Appeal for decision.
The application followed a preliminary objection by the NJC, challenging the jurisdiction of the court to hear the suit.
Counsel to the NJC, Chief Mike Ozekhome (SAN) argued that only the National Industrial Court (NIC) has the jurisdiction to entertain the matter and urged the court to give priority to his objection.
According to him, Salami’s contention is "relating to or is connected with labour, employment, trade unions, industrial relations and matters arising from work place, the conditions of service including health, safety and welfare of labour employees, workers and matters incidental thereto or connected therewith, over which only the National Industrial Court has exclusive jurisdiction by virtue of Section 254 c(1) of the constitution.
"The claims of the plaintiff are caught by the exclusivity of the jurisdiction of the National Industrial Court conferred by Section 254 c(1)(a), (j), (vii) and ii of the constitution as amended", he stated.
But Salami is asking the court to refer the new dispute raised by the defendant to the Court of Appeal for determination.
According to him, the questions for reference which arise in the proceeding, relate to the interpretation and/or application of various sections which "are novel and there are no precedents of the higher courts on them".
He wants the court to determine among others:
* Whether having regard to the provisions of Sections 6(6)(b), 36, 251(q) and (r) and 254(c)(1) of the 1999 Constitution as amended, it is the Federal High Court or the National Industrial Court that has jurisdiction to entertain this suit in which the plaintiff is seeking a determination of issues questioning the constitutionality and vires of the investigation committee chaired by the 4th defendant and the administrative panel, chaired by the 9th defendant, both set up by the NJC in respect of petitions written against the plaintiff concerning the exercise of his judicial powers.
* Whether having regard to Section 238, 318 and paragraphs 13 and 21 of Part 1 of the Third Schedule to the 1999 Constitution, the plaintiff, who was appointed to a judicial office as President of the Court of Appeal under extant constitutional arrangements designed to secure the independence of the holder of a judicial office is subject of employer-employee relationship with the first defendant.
In an affidavit, Fasanmi Ibukun averred that Salami’s appointment "enjoys security of tenure under the constitution and his appointment is devoid of the usual incidents of employer-employee relationship.
"The salary paid to him and to other judicial officers is governed by an Act of the National Assembly.
"The constitutional arrangements governing appointment of judicial officers is to secure the independence of the judiciary which is the third arm of government.
"I further verily believe that a decision on the questions by the Court of Appeal will remove any confusion of thoughts on the questions and promote an early determination of this case as this court will have to dispose of the case according to the decisions of the Court of Appeal."
Before adjourning till March 14, Justice Okorowo directed parties to file and exchange their written addresses.
He said the court will take a direction on that day.
In the main suit brought under Order 56 Rule 1 of the Federal High Court (civil procedure) Rules, 2009 and the inherent jurisdiction of the court, Salami is asking the court to nullify his suspension and subsequent appointment of Justice Dalhatu Adamu in acting capacity.
The plaintiff wants the court to nullify or set aside any action or steps taken or being taken in implementation or further implementation of the said decision.
He is also asking the court to restore the status quo ante as at the date the said decision was taken by the NJC.
In the writs filed by his lawyers, Salami is asking for 15 reliefs, including a perpetual injunction restraining the NJC from acting on the reports of the Justice Umaru Abdullahi fact-finding committee and the Justice Ibrahim Auta review panel.
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