By Innocent Anaba & Ikechukwu Nnochiri
ABUJA — A Lagos-based lawyer, Mr Femi Falana, yesterday, asked a Federal High Court in Abuja to make an order of perpetual injunction, restraining the National Judicial Commission, NJC, from going ahead with its plans to elevate the President of the Court of Appeal, Justice Isa Ayo Salami, to the Supreme Court, contending that such action would amount to a gross violation of section 14(3) of the 1999 constitution.

This came as the Nigerian Bar Association, NBA, urged the Chief Justice of Nigeria, Justice Alloysius Katsina-Alu, to suspend the proposed elevation and Justice Ayo Salami to refrain from further comments on the matter until stakeholders in the legal profession intervene and resolve the matter

Falana in his suit, prayed the high court to invoke its jurisdiction and make a declaration that it would amount to an unlawful and unconstitutional removal of Salami from office as the President of the Court of Appeal contrary to section 292 of the constitution, if the Defendants in the matter, recommend him for appointment as a Justice of the Supreme Court of Nigeria, given his rejection of the offer.

He argued 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.

NBA President, Mr Joseph Daudu, SAN, in a statement, said: “Without prejudice to the powers of the Federal Judicial Service Commission, FJSC, and the National Judicial Council, NJC and in view of the unnecessary controversy generated by this matter, we hereby call on parties concerned, that is the CJN and the PJCA to allow the status quo of this matter to prevail pending an amicable in-house resolution of this matter.

“Specifically we urge the Chief Justice of Nigeria to suspend the ongoing process of ‘elevation’ and for the president of the Court of Appeal to refrain from further comments on the matter until stakeholders in the legal profession intervene and resolve the matter.“

Finally, we beseech the media to exercise some measure of restraint in the reportage of this matter as the Judiciary (a hallowed and indispensible organ of government in Nigeria) continues to play the vital constitutional role accorded to it by Constitution of the Federal Republic of Nigeria 1999 (as amended),” the NBA added.