By ABDULWAHAB ABDULAH
These are not the best of times for the nation’s judiciary. Last week, the news broke that the Court of Appeal President, Justice Ayo Salami, had rejected his promotion to the Supreme Court by the Chief Justice of Nigeria (CJN), Justice Aloysius Katsina-Alu.

Falana

Salami followed up his action with a law suit to stall the promotion while alleging that Katsina-Alu tried to influence judgment in the Sokoto State gubernatorial election case presided over by a panel of the Court of Appeal. The National Judicial Council (NJC) intervened, asking Salami to stay on in the Appeal Court. In this interview, Lagos lawyer and human rights activist, Mr. Femi Falana, says the NJC’s intervention has not resolved the crisis between Salami and Katsina-Alu, explaining why he and a colleague instituted a suit on the matter.

What do you make out of the on-going crisis in the judiciary over the promotion of the Court of Appeal President to the Supreme Court which he rejected?

I was flabbergasted for the President of the Court of Appeal to be promoted against his wish and contrary to the provision of the Federal Character Commission Act, which stipulates the procedures for  the appointment and removal of the President of the Court of Appeal, as well as the appointment of the justices of the Supreme Court to reflect the federal character of the country. That is why myself and a colleague, Mr. Bamidele Aturu, decided to file an action in court so that we could get a definite pronouncement on the matter.

The case is still in court, and we intend to pursue it to a logical end. Every aspect of our life is being governed by the law, and you will notice on a daily basis the culture of impunity  being displayed by those in authority.

We are challenging this illegal aspect of our governance. When there is problem in the universities or other public institutions, they will ask you to go to court when they know that the matter will not be resolved quickly.  All these are not good for the system.

What is the import of the suit you have instituted?

As an outsider to the crisis, I felt worried that the dramatis personae did not realise the enormity of damage being done to the judicial system. Even in a banana republic, all these things don’t happen. You  wonder why we should have  a situation whereby a senator is assisted by some senior lawyers to destroy the judiciary.

When you have that kind of situation, you ask yourself whether these people are  aware that they are destroying their own system, and,  if we allow them to go on unchallenged, all of us will be affected and we will also be guilty.

When a problem like this happens, whose responsibility is it to resolve it? The NBA, the AGF?

It is the  responsibility of everybody. The NJC saw the dangerous  scenario, they called for a truce among the warriors. But, their intervention has not solved the problem, which has almost eroded the integrity of the judiciary. We cannot afford to sweep the allegations raised  under the carpet. Something must be done and quickly too.

Some of us  supported Justice Kayode Eso when he advocated that there should be a separate body to discipline erring judicial officers and not by the judges involved, for instance, in the present case. I think if we want to move for the independence of the judiciary, we need an independent body to look into all these. But, if any allegation is made against  the CJN as the head of the body, he will have to step aside, because he cannot be a judge in his own case.

What is you view on the NJC absolving the CJN?

Frankly speaking, I don’t want to join issue with the body now, because we have a case in court and, definitely,  we will take his response and statements backing him to  court. The writer of the statement knows that there are  matters pending before the court, and he is making definite pronouncement, approving the decision of the CJN on the same matter. In my own case, I  am asking for the legal validity of the decision of the Federal Judicial Service Commission to recommend the President of the Court of Appeal to the Supreme Court.

If that matter is still pending in court, and you proceed to absolve the person involved, there is much to it. We will definitely do something about that in court. What he has done is prejudicing the matter before the court. However, our efforts is to curb impunity in our judicial system.

What happens  to the case affecting an ordinary citizen, whose matter cannot attract  publicity in the media, like that of Justice Salami?  When we went to court to challenge the illegality, we are not out to embarrass anybody, but we are trying to protect the integrity of the judiciary. We shall pursue our case to its logical conclusion.

What is the implication of the crisis on the nation’s image?

I think Nigerians have developed an unbelievable resistance to this type of thing  and are no more embarrassed by this type of development. However, this crisis has far-reaching effect on the judiciary in this country, especially on our political development. It has further eroded the confidence built over the years. It is a crucial moment in this nation. Otherwise, we may have anarchy.

I am not quite sure that the governing party, the ruling class , appreciates  the enormity of  what this could have done to the nation. I am expecting the President to have called the members of his party fuelling the crisis; he could have called the CJN and the President of the Court of Appeal to order, not to make the country a laughing stock in the comity of nations.

Any country, where there is this type of crisis, there is no doubt that it will likely lose its integrity. I am so much concerned about the implication of what will happen in our country over this development.