By Innocent Anaba and Abdulwahab Abdulah

The last has obviously not been heard of the controversy generated by the failed attempt to move the President of the Court of Appeal, Justice Ayo Salami to the bench of the Supreme Court, even though the decision had been rescinded.

First, it was the letter by Justice Salami, rejecting his proposed elevation, saying that he was not consulted, but more importantly, that he was contented with being the President of the Court of Appeal. Then, there was a suit by Femi Falana, and a petition by a civil society organisation, Socio-Economic Rights and Accountability Project, SERAP, to Ms. Gabriela Knaul, the UN Special Rapporteur on the independence of judges and lawyers over alleged “attacks by the Nigerian government on the independence and impartiality of judges, and the consequent denial of the internationally recognised right of the citizens to an effective remedy.”

This was followed closely by a suit by Justice Salami himself, who in an affidavit he personally deposed to, alleged that the CJN had asked him to compromise the Court of Appeal’s verdict on the protracted Sokoto governorship legal tussle by either disbanding the original panel, which the CJN believed was about to give a verdict adverse to Sokoto Governor’s interest or direct the panel to give judgment in the Governor’s favour.

While the NJC had at its meeting, ordered that status quo be maintained, with regards to the issue of elevation, Justice Salami was asked to withdraw his suit and former President of the Court of Appeal, Justice Umaru Abdullahi, is heading a one man panel to reconcile both men.

But early in the week, the controversy took a complicating dimension, as the issue of the retirement age of Justice Aloysius Kastina-Alu took the centre stage.

As if that was not enough, the House of Representatives has commenced the investigation of the Justices that sat on the Osun State governorship election petition, including Justice Salami, who delivered the lead judgement, following an allegation by Senator Iyeola Omisore.

Otunba Sunday Ojo-Williams, Acting Chairman of the Peoples Democratic Party, PDP, in Osun State and former Governor Segun Oni of Ekiti State, have both written separate petitions against Justice Salami and the Appeal Court panel that decided the Osun and Ekiti State gsovernorship election petitions, alleging that the President of the Court of Appeal abused his office in said judgements.

While Otumba Ojo-Williams, had in the petition to the NJC, alleged “we are constrained to bring additional evidence of miscarriage of justice in the Osun Governorship Appeal to your attention, in expectation, rather than hope, that this glaring injustice shall be redressed without delay. Forwarded with this petition, are two booklets of call logs, which prove beyond a shadow of a doubt that Justice Salami colluded with the Action Congress of Nigeria, ACN, to arrive at a predetermined outcome.”

“We are more than convinced that the detailed transcripts of the text messages and voice calls between and among the subscribers to the numbers we have provided and many others on the call logs will complete the picture of how the course of justice was perverted in the Osun Governorship Appeal judgement. And we make this assertion with all sense of responsibility.

“Is it any surprise, therefore, that the Action Congress of Nigeria has been defending Justice Salami as if its political life depended on his retention as the President of the Court of Appeal? Why is the Action Congress of Nigeria carrying on as if the President of the Court of Appeal is loved and trusted only by this funny ‘family party,’ as if the party owns him? Why has the usually discerning Nigerian Press allowed itself to be hoodwinked into a sustained propaganda campaign on a matter it failed/refused/neglected to investigate, as serious practice of journalism should dictate?

“But for our vigilance and doggedness, the media would have misled the reading public into believing that Justice Salami is a hero, when, in fact, he is the exact opposite; an anti-hero. The answers to the questions above and several others are no longer blowing in the wind; they have been made pretty obvious. The Osun Appeal judgement was financially induced and we believe that transcripts of the communication among the parties concerned should confirm the veracity of our claims,” he added.

The petition detailed phone numbers and names of people, who allegedly played one role or the other in the alleged collusion with regards to the Osun State governorship election.

Similarly, former Governor Oni, in his petition addressed to President Goodluck Jonathan, cited names of people he claimed communicated with the President of the Court of Appeal, saying “I believe the unethical communications were directed at the invidious act of perversion of the course of justice, and to achieve the pre-determined purpose of removing me from office.”

Oni had said in the petition, “you will also recall that the ACN on October 4,2010 gave indications of having seen the judgement when its Publicity Secretary, alleged in a press statement that the PDP was moving to arrest the yet undelivered judgement using the “Sokoto option.’ One need not wonder now how the leakage of the judgement of the court to the ACN elements could have happened. Further investigation by security agencies will reveal the content of these communications which I believe were done to pervert the course of justice.

“Sir, it is trite that justice must not only be done but must be seen to have been done. I am also aware that the NJC and the Supreme Court have the power and the responsibility to redress glaring cases of abuse of court process or abuse of principles of fair hearing such as this one. It is in the light of the above that I hereby ask for further investigation of Justice Salami and the other Justices who sat on the Ekiti Appeal case and a redress of the injustice done to me and the people of Ekiti State,” he added.

Following the unending controversy the face-off between Kastina-Alu and Salama had generated, the mind boggling allegations and the need to restore the confidence of Nigerians on the judicial system, Vanguard Law and Human Rights sought the views of lawyers on the issues.

Prof Chidi Odinkalu, said “the point is that there comes a point in the conduct of public office holders, when public office holders must understand that it is in the interest of the office they occupy and their respective persons to give up that office. That is all I can say on the matter.”

Mr Emeka Umeagbalasi, a human rights activist said, “we have been vindicated in the saga unfolding at the apex branch of the Nigerian judiciary with respect to the perceive unhealthy handling of election matters, apex court elevation, among others. The saga has now moved to the chambers of Ayo Salami, over his alleged ignoble roles in the Akoni and and sun stages’ tuber appeal matters.

“Facts, they say, are a product of incontrovertibility. The contents of the Ekiti and Osun States ‘PDP’s recent petitions to the NJC and President Jonathan against Justice Salami’s appeal panels are mind-boggling. If the petitioners are proved right at the end, then our activist brothers and sisters frm the South West must avoid losing touch with realities.

“Those who live in glass houses do not throw stones. He that goes to equity, must go with clean hands. It is time for our social advocates in the South West to voice out with the same intensity the need for Justice Salami and co to be properly investigated and sanctioned if found wanting. Anything in the contrary would have justified our earlier suspicions that ethnocentrism has become the bulwark of the South West based activism, which is disastrous for our unity and democracy.

“Our firm position remains that the petitions should be meritoriously investigated. Such investigations must be deviod of politicisation, intelligence spinning and cherry-picking. Similar petition by Senator Iyiola Omisore and allegation of misconduct against the CJN by Justice Salami should also be looked into as well,” Umeagbalasi added.

Reacting also, Chief Emeka Ngige, SAN, noted, “I will not say anything about this issue, because I am already involved. However, the petition is funny. I don’t know how I now became an agent of Justices of the Court of Appeal. But I want to inform you that all of us will meet in court to trash this issue out.”

The Chairman, Ikeja Bar, Mr. Omole Adegbamigbe said, “Ordinarily, this type of issue is criminal in nature. We had expected that the Inspector General of Police would have intervened in the Omisore’s and other petitioners. I cannot imagine how a Senator will make that type of wild allegations without adequately substantiating it. However, I am expecting the NJC to step into the issue and unravel what exactly is behind all these mess. As per the investigation of the National Assembly, they can investigate the allegation, but they have to be careful about what will form part of their report. But for me, it is the NJC that has the power to deal with this issue.”

A lecturer in the Faculty of Law, Lagos State Universuty, Mr. Gbenga Ojo, said the controversy trailing the judgments of the Court of Appeal was needless, noting, however, that it was, Justice Salami that played into the gallery. “What he did has no precedent in the judiciary. As it is now, the NJC must probe the allegations without any political bias. I must say here too that the National Assembly has nothing to do with these controversies.”

Jiti Ogunye said, “the petition is something weighty, however, the power of the House or the National Assembly to probe this type of allegations is derived from Sections 4, 80 and 89 of the 1999 constitution. Section 4 of the constitution gave them the power to legislate on good governance of Nigeria. Specifically, section 88 gave them the power to investigate any issue of this nature by way of resolution to investigate any department or persons over issue relating to corruption.

“However, the power given to the lawmakers must be exercised with caution. They must act within the provisions of the constitution that govern the disciplinary measures against a serving Judge and the security of the tenure of such Judges. Under the Constitution, the Justices, especially at the higher bench ought to be disciplined by the National Judicial Council, NJC, which is established under Section 153 of the Constitution, deriving its powers under the Third Schedule of the 1999 Constitution in Paragraph 12,” he added.

While one had thought that the intervention of the NJC and the resolution of the elevation matter would have laid to rest the controversy, fresh facts emanating from different quarters are proving the opposite.

While it is admitted that the judiciary has a self cleansing mechanism, which had worked well in the past, continues allegation of corruption against serving judges has not abetted and this is not helping the judiciary in any way.

Perhaps, a thorough investigation into these allegations, or better still, the stepping down of the key actors in all the allegation cases might go a long way to reassure Nigerians, that the judiciary has not finally been conquered by the alarming level of corruption in the country. If we lose out in the judiciary, Nigeria would have finally crumbled with no savour in sight. Perhaps, the 13-member high powered committee set up by the Nigerian Bar Association, NBA, to look into the face-off between the Chief Justice of Nigeria, and President of the Court of Appeal, the debilitating corruption eating into and corroding the entire judicial system and legal practitioners who promote corruption in a variety of ways in the system, may yet be another chance, but before they come out with a recommendation, shall we continue like this?