By IKECHUKWU NNOCHIRI
ABUJA— THE embattled President of the Court of Appeal, Justice Ayo Salami, yesterday, gave reasons why he failed to follow the legal action he initiated against the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu, to its logical conclusion.

JUSTICE ISA AYO-SALAMI.

Salami who persuaded an Abuja division of the Federal High Court to disregard the substantive case he filed before it, and the detailed affidavit he personally deposed to, that seriously indicted the CJN of judicial malpractice, said his decision was in the interest of peace in the judiciary.

He said it would be academic for the high court to commence hearing on the suit since the issue in controversy has been amicably resolved out of court by the affected parties.

Vanguard had authoritatively reported that one of the conditions upon which the NJC quashed the purported moves by the CJN, to elevate Justice Salami to the Supreme Court, was that the plaintiff must withdraw the action he filed in court.

After due consideration of the Notice of Discontinuance that was forwarded to him through counsel to Salami, Chief Lateef Fagbemi, SAN, presiding Justice Adamu Bello had no option than to strike out the matter as he was pleaded.

In his motion, Salami averred that “Following the intervention of well meaning Nigerians and stakeholders in the justice sector, I hereby apply to discontinue this suit.”

Bello threatens to strike out Falana’s suit

Meantime, Justice Bello has threatened to strike out a similar suit filed before him by a Lagos based lawyer, Femi Falana, should he fail to withdraw it before March 14.

Falana had approached the high court 24 hours before Justice Salami instructed his lawyers to go to court.
It would be recalled that Justice Salami, on February 8, dragged the CJN, the National Judicial Council, NJC, the Federal Judicial Service Commission, FJSC, as well as the Attorney General of Federation, AGF, before the Federal High Court.

He specifically prayed the lower court to invoke its original jurisdiction and abort the purported plans by the CJN to forcefully ‘push’ him to the Supreme Court bench.

Detailing why he suspected that the promotion was in bad faith, Justice Salami in an affidavit he personally deposed to in favour of the suit, divulged how the CJN pressurized him to compromise standard in a Sokoto State gubernatorial dispute, insisting that his refusal to comply was the major reason behind his “unholy promotion.”

He stated: “I have all along enjoyed my work as President of the Court of Appeal and did not have any issues or disagreement with the 1st defendant, Katsina-Alu, until the controversies over the gubernatorial election petition in Sokoto State came to light.

“Following my appointment as President of the Court of Appeal, I found among the pending election petition appeals, the Sokoto State Gubernatorial election petition appeal. I set up panels of the Appeal Court to dispose of the pending petitions including that of Sokoto.

“I was, however, shocked when subsequent to the setting up of a panel on the Sokoto Gubernatorial election petition appeal, and after all parties had filed and exchanged briefs, adopted same and judgment reserved, the 1st defendant summoned me by telephone to his office in Abuja.

“The 1st defendant asked me to disband the panel I had set up for the appeal on the excuse that if the panel allowed the appeal and removed the Governor, the ripple effect would lead to the removal of our highly revered Sultan of Sokoto.

“I know as a matter of fact that such ill-motivated decision to move the President of the Court of Appeal to the Supreme Court has never happened in our legal history.”

Falana had in his own suit, contended that going by the Section 4 of the Federal Character Commission Act, Cap F7, Laws of the Federation of Nigeria, 2004, Part 1of the Guiding Principles and Formulae for Distribution of all Cadres of Posts made pursuant thereto and section 14(3) of the 1999 constitution, that Justice Salami, being an indigene of Kwara State, cannot serve as a Justice at the Supreme Court considering that his region, the North Central geo-political zone, has already exhausted its slot at the apex court.