Editorial

February 14, 2011

Justice Ayo Salami – A Landmark Protest

JUSTICE Isa Ayo Salami, President Court of Appeal, through his loud rejection of a proposed elevation to the Supreme Court, a suit against the action, and allegations against the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu, made a landmark.

Salami prefers to remain in the “Court of Appeal to continue to give service to the nation to the best of my ability”. In a February 4 letter, he warned Katsina_Alu not to create a “dangerous precedent which may give rise to chained reactions”.  Actions followed in quick succession, including efforts to reconcile the duo, as if the matter is private.

The entire affair is ridiculous, especially as it is obvious the public will not benefit from a probe of these allegations and the subsequent cleansing of the judiciary that should follow.

Salami’s elevation was another way of removing the President of the Court of Appeal without going through the constitutional provisions for this action. Is the President of the Court Appeal expected to serve as a junior Supreme Court judge?

The strident tune of the letter, which is in the public domain, and the matters being pursued in court, show the depth of the depleted relationship between the two top judicial officers, who former Chief Justice of Nigeria Idris Legbo Kutigi swore them into office on 30 December 2009 under controversial circumstances while President Umaru Musa Yar’Adua ailed abroad.

He went on to throw low blows at the Chief Justice of Nigeria. “I was given to understand that even though the subject was not part of the agenda of the day, Your Lordship characteristically informed honourable members of the Council of your proposal to strengthen the Supreme Court by moving me to the Court and presumably to replace (me) with your minion or stooge,” Salami continued.

“I am contented with being the President of the Court of Appeal. I prefer to follow in the wake of my worthy predecessors who retired as President of the Court of Appeal with their honour and reputation unsullied. Needless to say that the environment is already over heated and in a state of flux”.

The Court of Appeal is the final court for all election matters, except that of the office of the President, where the Supreme Court is the final arbiter.

Insinuations about over heated environment, unsullied honour and reputation taint the judiciary. Salami in papers filed in court alleged he resisted attempts by Justice Katsina_Alu to interfere in the gubernatorial case in Sokoto State. There is no indication that Salami protested this interference earlier to the National Judicial Council. When was he intending to do so?

Salami has made his point.  His promised “chained reactions” have commenced in the debates over his future and that of Justice Katsina_Alu in the nation’s top judicature. We are growing democracy and party of that growth must be the judiciary. Officers whose conduct creates problems for the judiciary, in this case Katsina_Alu and Salami, should be on their way. We thank them for all the services they have provided.

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