By Itse Sagay, Emeka Ngige and Bamidele Aturu

The attempt by the Chief Justice of Nigeria to remove Justice Ayo Isa Salami from the Court of Appeal to the Supreme Court is an act in extreme bad faith, which will weaken the Judiciary and compromise its integrity, dignity and effectiveness.

In the first place the act is an unprecedented reversal of the practice and convention in judicial appointments. In fact and in the judicial history of Nigeria, this is a reversal of the practice in the relationship between a Justice of the Supreme Court and the President of the Court of Appeal.

When the Court of Appeal was first established in 1976, a Supreme Court Judge in the person of the Late Justice Dan Ibekwe was posted to head the Court as President. When Justice Ibekwe died in office, another Supreme Court Judge in the person of Justice Mamman Nasir, who was earlier posted to the Court of Appeal as Deputy to Justice Ibekwe, was appointed to replace him. It was after Justice Nasir’s retirement, that a serving Justice of the Court of Appeal, Justice Mustapha Akanbi, who was more than qualified to be appointed a Supreme Court Judge, was appointed President of the Court of Appeal. He was succeeded in 1999 by Justice Umaru Abdullahi.

It is important to stress the fact that Justice Abdullahi was also very qualified to be a Supreme Court Judge, before he was appointed President of the Court of Appeal.

Justice Abdullahi was in 2010 succeeded by Justice Salami. Again as in the cases of the other holders of the office of President of the Court of Appeal, he was more than qualified to be appointed Justice of the Supreme Court at the time of his appointment. The following Justices of the Supreme Court were not only his juniors at the Court of Appeal, but he in fact recommended some of them for appointment to the Supreme Court.

These include: Justice Olabode Rhodes-Vivour, and Justice Suleiman Galadima.

It is instructive to note that both Justice Isa Salami, President of the Court of Appeal and Justice Katsina-Alu were classmates at the Nigerian Law School and were called to the Bar on the same day, namely, June 1968. So too was Justice Dahiru Musdapher. Justice Aloma Mukhtar was called to the Bar on June 26, 1967. Apart from the three Justices named above, Justice Isa Salami is senior at the Bar to all other members of the Supreme Court. It is therefore invidious to expect him to take his queue at the Supreme Court behind them.

Although technically, the President of the Court of Appeal and a Justice of the Supreme Court are supposed to be equal in status, the President of the Court of Appeal is higher in status because he has vast executive and administrative powers, which the ordinary Supreme Court Justice does not have. Effectively, the President of the Court of Appeal is next in rank and authority to the Chief Justice of Nigeria.

To establish that the practice of posting a Supreme Court Justice to head the Court of Appeal in Nigeria was not an accident or a fluke, but a deliberate matter of policy, we wish to point out that on April 28, 1972, Justice Charles Madarikan left the Supreme Court on appointment as the President of the then Western State Court of Appeal. Consequently, the line of seniority between a Justice of the Supreme Court and a President of the Court of Appeal is clear.

So the question arises, why ‘promote’ someone to a less important position which carries far less power and influence than that person’s current position. Worse still, this strange unprecedented, unsolicited, downgrading promotion will result in Justice Salami becoming a junior and subordinate of his former junior colleagues at the Court of Appeal, whose careers he promoted by recommendation for appointment to the Supreme Court. This is therefore a clear case of attempted demotion and humiliation, prompted by opposition and hostility to his high integrity, principles and refusal to be compromised; particularly in election petitions.

This man whose Court has largely redeemed the image of the Nigerian Judiciary and has indeed brought the Judiciary deep respect and honour, is to be sacrificed on the alter of Nigeria’s pervasive corruption, for daring to be different, principled, honest courageous and upright. The setting for a compromised “business as usual” election petition process is being prepared.

We demand to know the motivation of those behind this invidious and despicable plot against Nigerian Democracy, the Rule of Law and political stability. Those members of the Judiciary who wish to take part in partisan politics should take the path of honour by resigning their offices and entering the political fray, instead of using their exalted offices to pollute the pure stream of Justice.

This unworthy political gambit will be fiercely resisted by Nigerians who value, integrity, honour, principles and justice.