Ayo Salami: Court orders substituted service on Jonathan

Ayo Salami

A Federal High Court, Abuja, has ordered the service of a court process on President Goodluck Jonathan through the office of the Attorney-General of the Federation and Minister of Justice, Mohammed Bello Adoke (SAN). 

Justice Adamu Bello granted the order following an exparte motion filed by 11 plaintiffs suing for themselves and on behalf of the Registered Trustees of Centre for the Promotion of Arbitration.

The motion was brought pursuant to Sections 153 and 21 of the third schedule of the Constitution as amended order 4 rule 2 and order 6 rules 5 (b) of the Federal High Court (Civil Procedure) rules 2009 and under the inherent jurisdiction of the court.

The court also granted an order for the plaintiffs to sue in representative capacity.

The plaintiffs are: Mr. Jitobo Akanike,  Idris Musa,  Allens Agbaka,  Ibrahim Bawa, Princewill Akpakpan,  Obruche Ayeteni, Nosa Ihaza, Timothy Odumosu, Stewart Salomi, Egogo Lawrence and Maxwell Adeniran. They are challenging the refusal of Jonathan to reinstate the suspended President of the Court of Appeal, Justice Isa Ayo Salami.

According to them, Jonathan has breached the Constitution for disregarding the recommendation of the National Judicial Council (NJC). 

They want the court to declare the extension of Justice Dalhatu Adamau as the Acting PCA as unconstitutional, illegal, null and void. 

The Defendants are Jonathan, Adoke, NJC, Salami and the Acting President of the Court of Appeal, Dalhatu Adamu.

In the Originating Summons, the Plaintiffs are seeking: 

• A declaration that the National Judicial Council is the only body that has the sole functions to exercise disciplinary powers over the justices of the Court of Appeal and/or the President of the Court of Appeal.

•A declaration that the refusal of the 3rd defendant to implement the recommendation of the three man panel headed by Justice Aloma Mariam Muhktar (JSC) urging the recall of Justice Salami (PCA) as president of the Court of Appeal constitutes a breach of the 1999 Constitution as amended.

•An order of mandamus directing the 3rd defendant to implement the recommendation of the three man panel urging the recall of Justice Salami (PCA) as President of the Court of Appeal forthwith.

•An order of the court directing the 3rd defendant to recall the 4th defendant to resume his duties as President of the Court of Appeal forthwith.

•A declaration that the President of the Federal Republic of Nigeria has no power whatsoever and/or howsoever to exercise disciplinary functions over the justices of the Court of Appeal and/ or Justice Salami (PCA),President of the Court of Appeal

•A declaration that the further reappointment and/or approval of the extension of the tenure of the 5th defendant as the acting President of the Court of Appeal by the 1st defendant is unconstitutional illegal null and void.

•A declaration that any further recommendation made by the 3rd defendant to the 1st defendant for any further appointment of the 5th defendant as the acting President of the Court of Appeal is in conflict with relevant constitutional provisions. 

•An order of the court restraining the 5th defendant from further acting as the President of the Court of Appeal.

•An order of perpetual injunction restraining the 1st defendant from further re-appointing the 5th defendant as acting President of the Court of Appeal.

•A perpetual injunction restraining the 3rd defendant from further recommending to the 1st defendant the extension or re-appointment of the 5th defendant as acting President of the Court of Appeal.

The Plaintiffs want the court to determine 

•Whether the President (1st defendant) by law has any disciplinary power over the justices of the Court of Appeal including (4th defendant) the PCA under section153 and s.21 third schedule of the 1999 constitution.

•Whether it is within the constitutional function of the (3rd defendant) National Judicial Council to recall the President of the Court of Appeal,Justice Salami (4th defendant) from a disciplinary suspension in compliance with sections 153 and s.21 of the third schedule of the 1999 Constitution. 

• Whether the President (1st defendant) of the Federal Republic of Nigeria has any step to take within the provisions of sections 153 and s. 21 third schedule of the 1999 as amended in relation to the recall of Justice Salami (PCA) as recommended by the National Judicial Council (3rd defendant).

• Whether the 3rd defendant’s three man panel’s recommendation for the recall of Justice Salami (PCA) has not put an end to all disputes in relation to his suspension/recall.

•Whether the National Judicial Council (3rd defendant) solely has the powers to exercise disciplinary functions over the justices of Court of Appeal and/or the president of Court of Appeal in the circumstances of this case as it affects Justice Salami (PCA) under sections 153 and s.21 of the third schedule of the 1999 Constitution.