Tinubu attacks Jonathan, PDP over Salami’s ordeal

(ACN) leader Asiwaju Bola Ahmed Tinubu

 

Your action in bad faith, NBA tells President Action Congress of Nigeria (ACN) leader Asiwaju Bola Ahmed Tinubu has broken his silence on Appeal Court President Justice Isa Ayo Salami’s ordeal.

To him, President Goodluck Jonathan’s “tardiness in” acceding to the National Judicial Council’s (NJC’s) request for Justice Salami’s reinstatement is a brutal attack on the golden principles of the rule of law and just existence in a democratic society. 

Tinubu, in a statement at the weekend,  said the President’s action has confirmed the popular belief that Justice Salami’s case is more political than legal. He described the president’s action as a coup against the rule of law.

In the former Lagos State Governor’s view, Attorney General Mohammed Bello Adoke’s  argument that President Jonathan withheld his consent on the recommendation (that Justice Salami be restored to his seat) on the claim that it was sub-judice is not right.

The former Governor of Lagos State observed that the purported cases relied on by the Attorney-General were those filed by failed candidates of the ruling People’s Democratic Party (PDP).

To him, rather than persecuting Justice Salami, whose perceived sin was his adherence to legal principles in deciding some cases that affected the ruling PDP, the AGF should be placed in the dock for subverting the law.

Tinubu, citing the eminent view of the former Chief Justice of Nigeria (CJN), Justice Mohammed Uwais, argued that the president lacks the power to subject the decision of the NJC to any form of review because – going  by Justice Uwais’ argument -  lacked discretional powers on the Justice Salami issue. 

He warned that should the Presidency be allowed to have its way, it will create a dangerous precedent that will effectively hobble the judiciary and prevent other judges from dispensing justice in accordance with the dictates of the law.

The ACN National Leader urged all jurists, all lawyers, the civil society and, particularly, the media, to stand for justice and demand Justice Salami’s reinstatement. He argued that the  violation of the rule of law and constitutional checks and balances has to stop now before it gathers a momentum that brings irreparable harm.  

Said Tinubu: “For reasons only they know, the Federal Government seems eager to provoke crisis where there would be none, if only they obeyed the rule of law. Last year, the Nigeria Judicial Council (NJC) suspended Court of Appeal President Justice Salami for a non-existent offence. 

“He was suspended for standing firm against the perversion of Justice and the abuse of power. At that time, the presidency quickly endorsed the NJC action. Earlier this month, the NJC rediscovered its conscience by reinstating the honourable jurist to his position. This time, the Presidency balked as if it had lost its faculty to speak. 

“Finally, the Attorney General said the Presidency would not ‘reinstate’ Salami because of pending cases against Salami. Not coincidentally, these cases were filed by losing PDP governorship candidates.

“Now, Nigerians know this is part of a larger script to end the career of a courageous judge and amputate justice and subvert the rule of law. Here, the Presidency and PDP are culprits. The facts favour Justice

Salami, but those who hold power in trust for millions of Nigeria will not let justice prevail. 

“The NJC and the consensus neutral opinion of the country’s most eminent jurists and legal scholars agree that the law points to only one proper course: Salami’s reinstatement. These people hold no partisan political brief. Their care is to promote legality.

“On the other side stand only the PDP and their legal mercenaries. I ask: who is behaving more dangerously partisan in this matter, the ruling party that ignores the great weight of considered legal opinion or the opposition that is willing to live by and under the law? I rest my case and say no more on this specific point. 

“We are witnessing something historic. The federal executive has launched a compound coup against the rule of law and judicial integrity. The first is the subtle assumption of a power the Presidency does not properly wield. 

“The Attorney General stated that the Presidency would not reinstate Salami until the pending cases were fully litigated. This is empty bluster, the discharge of cannon minus the cannonball. 

“Under the law of the land, the Presidency has no substantive function in the matter. Salami’s reinstatement is not dependent on Presidency. His reinstatement begins and ends with the NJC. Former Chief Justice of Nigeria Mohammed Uwais, in a publicized television interview, was unambiguous when he said, ‘Actually from the legal point of view, the suspension of a judge, the power to do so is given to the National Judicial Council, not the President…So, really to me, I don’t see any reason; once the NJC decides he should be recalled, and then he should be recalled by the NJC, not the President, technically”. 

—”His point was clear and straight forward-President Jonathan’s business is that of being notified of the NJC’s decision and not of approving what has already been formally decided. Yet, we are witnessing a flagrant violation of the rule of law in which the right of an individual is being crudely taken away in broad daylight. 

“The authority and eminent position of Justice Mohammed Uwais on this matter carries more weight than the shallow political calculations of the President and his henchmen. The NJC suspended Salami. Now it has reinstated him. 

“The only role the presidency can properly play in this matter is as a deliverer of messages. That is what our constitution provides. Yet, this insecure yet vain presidency cannot see itself as anything but the controller of all things.  

“Thus, the Attorney General huffs that Justice Salami cannot resume his duties when the NJC has already legally reinstated him. At this point, it is not Salami but the Attorney General who should be placed in the dock for taking an action that he knows is blatantly improper.  

“The top lawyer of the federation has proven himself to be a legal gypsy whose legal opinion travels in whatever direction the strongest political wind blows. 

“The Federal Government has transformed itself from subject to the constitution into a bully intent on intimidating a fine jurist from serving the nation, thus depriving Nigerians of all stripes and political hues of their right to the neutral and objective application of the rule of law. 

“Even under the years of brutal military dictatorship, laws were being obeyed and the judiciary was not hamstrung. At least, those of us that were in detention got some reprieve by the order of the courts. 

“This brings us to the second coup. This goes directly to the independence of the courts. Justice Salami is in this predicament not because he did anything legally improper. He is in the soup because his objective, high quality legal work was seen as a grievous political sin by those in power. 

“Justice Salami is in trouble because he served his conscience and refused to be part of the gang-up to perverse justice. He had the temerity to decide cases according to applicable law and fact and this was unacceptable to the ruling party. He let verdicts fall where legality led them. This means some verdicts went against the ruling party.   This was enough to make them conspire against him. Now, the PDP has developed a script to intimidate other judges. 

“With the Attorney General’s unacceptable and unfortunate statement, the curtain has been pulled back. We had hoped this would be resolved with dignity in favour of the rule of law, that we could rest assured the President would safeguard the legal rights of all Nigerians while still being an energetic and tough political opponent to some of us. 

“Sadly, this was not to be. For the Attorney General to spurt as he did, means he did so at the insistence of his boss. Here, Nigerians are confronted with a frightening trend in which our democracy and country are in danger. 

“An elected President who himself has been a beneficiary of the protection of the legal protection under the doctrine of necessity that paved his way to the presidency, now leads a power cabal that is disrobing Nigerians of their rights and denying them  justice. 

“This is a direct assault against the judiciary. Seeing the treatment so roughly handled to a senior Justice like Salami, no other judge will dare act independently and according to the law.  They will seek direction from the executive and then concoct flimsy legal arguments to defend what they have been ordered to do. 

“They will come to use the color of law to undermine justice. Herein lies the danger to us all. This government has shown itself to be greedy.  The more it eats, the hungrier it gets.  The more power it has, the more it wants. Today, it seeks to devour Salami because of his electoral rulings. 

“Tomorrow it will be a contract you signed, the land your father purchased, the business your uncle built or the newspaper that published an unfavourable news report.  If the law courts are no longer able to honestly adjudicate the law but function to serve as the sharp knife of the imperial court in Abuja, then we no longer operate under a constitutional democracy.  

“We have become a despotic kingdom where the arbitrary fiat and command of the monarch carry the force of law and the constitution is but a flimsy sheet of paper.  We have lived this scenario before and it did us no good. We should not walk this trail of tears again. 

“Again, this matter goes far beyond political partisanship.  It will define the very meaning of governance in Nigeria, either for good or bad. It is time to select the side that you are on. Either you are for right or for power. You cannot be both because the improper actions of government have precluded such a combination. 

“Therefore, it is time that all jurists, all lawyers and civil society, particularly the media stand for justice and demand the reinstatement of Justice Salami. The violation of the rule of law and constitutional checks and balances has to stop now before it gathers a momentum that brings irreparable harm.”

“By standing with Justice Salami today, we also take a stand for ourselves and the promise of a better future for the nation that we love,” Tinubu said.