By Annocent Anaba
Socio-Economic    Rights and Accountability Project, SERAP, a civil society group, has petitioned Ms. Gabriela Knaul, the UN Special Rapporteur on the independence of judges and lawyers over alleged plans to move President of the Court of Appeal, Justice Isa Ayo Salami, to the Supreme Court.

SERAP in the petition by its Executive Director, Adetokunbo Mumuni, said: “We note that Justice Salami has been an activist judge, who has consistently stood for justice and fair play in his position as President of the Court of Appeal.

“It will seem that the law is being used in this case as an instrument of political manipulation to perpetuate injustice against Justice Salami, apparently for future political and election gains of the Nigerian government.”

“We are seriously concerned that the purported ‘promotion’ may be a ploy to remove Justice Salami from the Court of Appeal without due process and any justifications whatsoever, so as to pave the way for a pro-government judge to be appointed to the Court of Appeal.

“The Court of Appeal performs important functions in the adjudication of election disputes. The recommendation to ‘promote’ Justice Salami, therefore, raises questions especially given that it is coming just weeks before a general election,” it added.

“We are concerned that the recommendation of Justice Salami for ‘promotion’ undermines the fundamental principles of separation of powers and supremacy of the rule of law, both of which are pre_requisites for an administration of justice which ensures independence, impartiality, integrity, equality, transparency, and the protection of human rights,” the group said.

It further said, “the purported recommendation is entirely inconsistent with the UN Convention against Corruption, and the Basic Principles on the Independence of the Judiciary, which require states to ensure impartiality and transparency in judicial decisions, which should always be based on facts, and be made in accordance with the law, without undue influences, inducements, pressures, threats or interferences, whether direct or indirect.   According to the Basic Principles, “It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.”

“The recommendation to remove Justice Salami from the Court of Appeal is also discriminatory because it is not based on objective factor but rather as a punishment for his activism and his judicial opinions, which is implicitly prohibited under the Basic Principles. This process has seriously undermined the term of office of Justice Salami, his independence, security and conditions of service,” SERAP  further said.