Court dismisses suit against Salami's reinstatement

Justice Salami

An Abuja Federal High Court on Wednesday dismissed a suit, challenging the planned reinstatement of the suspended President of the Court of Appeal (PCA), Justice Isa Ayo Salami, for lacking in merit.

A lawyer, Noah Ajare, had sued the National Judicial Council (NJC) and the Judicial Stakeholders Review Committee chaired by former Chief Justice of Nigeria (CJN), Mohammed Uwais.

He was aggrieved over the recommendation of the Uwais committee to the Chief Justice of Nigeria (CJN), Dahiru Musdapher to reinstate Justice Salami.

He asked the court to restrain the NJC from deliberating on the said recommendation.

He also prayed for an order of interim injunction restraining the council and the panel from holding further meetings, discussion and all recommendations for the reinstatement of Salami pending the hearing of the substantive matter.

But, at the end of its meeting in Abuja on May 10, the council recommended to President Goodluck Jonathan to approve the reinstatement of Justice Salami.

A few days later, Ajare who claimed he had no personal interest in the whole saga rushed to the court again to file another suit to restrain Jonathan from approving the recommendation.

That suit is pending before Justice Adamu Bello.

Ruling on the suit against the NJC and the Uwais committee on Wednesday, Justice Abdul Kafarati said the Plaintiff has no locus standi to initiate the action.

Ajare had relied on his membership of the Nigerian Bar Association (NBA) to file the suit.

But the Judge held that "with due respect, that alone cannot confer locus standi on him. 

He can only have locus standi if he can show special interest over and above others or show that his interest will be adversely affected." 

Describing the Plaintiff as a busy-body, the court held that the NJC needs no interference of his to resolve its issues.

"The issue of reinstatement of Justice Salami can be decided without the presence of the Plaintiff. To me, the Plaintiff has no work to do; he has no work to do."

"The second Defendant (Uwais Reform Committee) is not a legal person. The committee having been dissolved and not being a creation of the law, the name is hereby struck out from the suit. The case has no merit; it is accordingly dismissed," the judge ruled.