Knocks for Jonathan over Salami’s fate

Justice Salami

THERE was more outrage yesterday over Appeal Court President Isa Ayo Salami’s fate.
Justice Minister and Attorney-General Mohammed  Bello Adoke said the President has not approved Justice Salami’s reinstatement because doing so will be subjudice.
But rights activist Femi Falana said yesterday that President Goddluck Jonathan lacks the power to reject the recommendation of the National Judicial Council (NJC), which has asked suspended Justice Salami to be reinstated, on the recall of a Judge.
He said the President is overreaching himself by his continuous refusal to approve Justice Isa Ayo Salami’s reinstatement.
According to him, there is nowhere in the Constitution where the President or a governor is empowered to exercise disciplinary control over a Judge. Such power, the lawyer said, is vested in the NJC.
The Action Congress of Nigeria (ACN) condemned the President for declining to approve the recommendation of the National Judicial Council (NJC) to reinstate Justice Salami.
In a statement by its National Publicity Secretary Alhaji Lai Mohammed, the ACN said the “Jonathan administration lacks honourable character.
“The President has decided to sacrifice honour on the platform of political expediency. 
“It is part of a wider plan to cow the judiciary and silence upright judges “.
Falana, who spoke in Abuja yesterday at the end of a court session, said: “When there is a recommendation for removal of a judge, that is when the President or governor comes in because they are the appointing authorities. But with respect to investigation, it is the responsibility of the NJC to suspend and return a Judge if no indictment is established. 
“With respect to the case in court, Justice Salami’s case was pending in court when the NJC exercised its power to suspend him. Before it took the decision to recall Justice Salami, a fresh case had already been filed at the Federal High Court but the NJC, in its wisdom, decided suomotu that we need to put this matter behind us; and that is the end of the matter. 
“I have challenged any lawyer in Nigeria to show the provision of the Constitution that empowers the President to interfere or intervene in the investigation of a judge. There has not been a single instance where the President or the governor endorses suspension...
“If you look at the powers of the NJC; the NJC is empowered to investigate judges and exercise disciplinary control over them. But when it comes to removal or dismissal, it is the appointing authorities that can do that. It is like the Civil Service, if you are being investigated, you are interdicted and once the investigation is completed and nothing is found against you, that is the end of the matter. If he had been indicted, then the President would have been asked to remove him. It is the sole responsibility of the NJC and that is why I’m saying it has never happened in the history of Nigeria. 
“The NJC has done its own work; it has investigated and has decided to exonerate him; it is not a presidential matter. And I want to appeal to all political interests to allow this matter to be resolved by the judiciary. This business of giving the impression that it is a political matter is not helping the cause of justice in Nigeria and it is embarrassing the judiciary. Once the matter has been resolved, that is the end of the matter,” Falana added
A right group, Access to Justice (AJ) said President Jonathan’s refusal to reinstate Justice Salami is “hollow and self-serving”.
It said the President will need to explain how some lawsuits matter more than others and the criteria for “cherry picking” issues that are sub judice.
A statement by AJ’s Director, Mr Joseph Otteh, said: “President Jonathan’s decision not to reinstate “suspended” President of the Court of Appeal Hon. Justice Ayo Salami on the grounds that there are subsisting court actions on the matter is a hollow and self-serving justification. 
“It is important to remember that it was the NJC that sought the President’s authority to remove Justice Salami from office in August 2011, even in spite of a pending lawsuit against the council. 
“The President partly accepted to ‘remove’ Hon. Justice Salami by asking that he remain on suspension pending the determination of his lawsuit, again, in spite of a lawsuit seeking to stop him from accepting the recommendation of the NJC or acting on it anyhow. 
“It is somewhat late in the day and will appear opportunistic now to use the subsistence of lawsuits as a reason to refuse reinstating Justice Salami.
“Otherwise, the President will need to explain how some lawsuits matter, and others do not and what the criteria is for cherry picking what litigations have these consequences and which ones do not. 
“The Hon. Attorney General of the Federation says that the Judiciary should put its house in order. This is exactly what the Judiciary is trying to do with the recommendation to recall Hon. Justice Salami. “