By Ikechukwu Nnochiri
ABUJA – Reprieve has come the way of the Suspended President of the Court of Appeal, Justice Isa Ayo Salami, as the National Judicial Council, NJC, yesterday, asked President Goodluck Jonathan to reinstate him to office.

It would be recalled that Justice Salami held sway at the appellate rung of the Nigerian Judicial hierarchy till August 18, 2011, when he was ousted from office by the NJC on allegation that he lied on oath against the immediate past Chief Justice of Nigeria, CJN, Justice Aloysius Katsina-Alu.

Justice Isa Ayo Salami and President Goodluck Jonathan

Salami had in an affidavit he deposed before a Federal High Court in Abuja, alleged that the ex-CJN pressurized him to pervert justice in a gubernatorial election appeal dispute involving Sokoto State.

Though Salami personally deposed the affidavit in a suit he filed with a view to aborting purported plans by the former CJN to push him to the apex court bench, the NJC, after an emergency meeting it held on August 10, gave Salami seven days to tender a written apology to Justice Katsina-Alu and the council, saying two separate panels it constituted to probe alleged the feud, found him guilty of “judicial misconduct”.

According to NJC, “having therefore established that the allegation/complaint by the President, Court of Appeal, Hon. Justice Isa Ayo Salami, OFR, against the Chief Justice of Nigeria, Hon. Justice Aloysius Katsina-Alu, GCON regarding the Sokoto Gubernatorial Election Appeal was false.

“Council decided that it is misconduct contrary to Rule 1(1) of the Code of Conduct for Judicial Officer of the Federal Republic of Nigeria.”

Meanwhile, following refusal of the embattled PCA to apologize or recant his allegation, the NJC, via a statement that was signed by its Director of Administration, Eugene Odukwu, asked Justice Salami to hand over to the next most senior justice of the Appeal Court.

It stated that: “Pursuant to the powers conferred on the National Judicial Council in the Constitution of the Nigeria, 1999 as amended, Hon. Justice Isa Ayo Salami, OFR, President of the Court of Appeal has been suspended from office with effect from today 18th August, 2011.

“The decision was reached at the 7th Emergency Meeting of the Council held on 18th August, 2011.

“The decision reached at the National Judicial Council further directs that Hon. Justice Salami should hand over the affairs of the Court of Appeal to the next most senior justice of the court.

However, the council declined to make any reference to the suit filed by Salami, which is still pending before the Abuja Division of the Federal High Court.

Specifically, Salami had queried the report of the Justice Umaru Abduallahi led judicial probe panel which investigated the uncanny stand-off between him and Katsina-Alu.

Another sub-committee of the NJC, headed by the Chief Judge of the Federal High Court, Justice Ibrahim Auta, which reviewed the report of the Abdullahi led Committee, had in its own report, recommended that Salami be cautioned and asked to apologize, saying the impasse was capable of eroding confidence from the Nigerian judiciary.

Not satisfied with the way the investigation was handled, Salami, pleaded the high court to declare that the setting up of the NJC Investigation Committee and its composition were in gross violation of the principles of natural justice, and his constitutionally guaranteed right to fair hearing under Section 36 of the Constitution of the Federal Republic of Nigeria 1999(as amended) and is therefore unconstitutional, null and void.

Joined as defendants in the suit were the NJC, the current CJN, Justice Dahiru Musdapher, the ex-CJN, Hon. Justice Aloysius Katsina-Alu, and members of the fact finding committees, Hon. Justice Umaru Abdullahi; Hon. Justice Emmanuel Ayoola; Hon. Justice Dominic Edozie; Hon. Justice Michael Akpiroroh; Mrs. Rakia Sarki Ibrahim; Hon. Justice Ibrahim Ndahi Auta; Hon. Justice Kate Abiri; and Hon. Justice Peter Umeadi.

He argued his case through three Senior Advocates of Nigeria, Chief Akin Olujinmi(SAN), Rickey Tarfa (SAN); Chief Adeniyi Akintola (SAN).

Meanwhile, nine-months after he was suspended, NJC, after a stormy session it held in Abuja yesterday, urged President Jonathan to go ahead and recall the suspended the PCA.

Though the session was held in camera, however, sources at the meeting who spoke to Vanguard on grounds of anonymity, said some NJC members loyal to the former CJN, vehemently opposed recommendation that the embattled PCA be recalled.

The source disclosed that in the meeting which was attended by the retiring CJN, Justice Musdapher, and his likely successor, Justice Mariam Aloma Muhktar, some of those aggrieved by the alleged indecent conduct of Justice Salami, insisted that the decision be put into vote.

It was gathered that whereas Justice Salami secured the sympathy of ten members of the NJC, eight others, voted against his reinstatement.

After the voting exercise yesterday, the CJN, Justice Musdapher, who is by virtue of his position superintends over the activities of the NJC, endorsed recommendation that President Jonathan should re-instate the hitherto sacked PCA.