Law & Human Rights

Refusal to reinstate Salami is in bad faith – NBA

The Nigerian Bar Association, NBA, has said there is no going back on its earlier decision to hold its 2012 Delegates Conference in the ancient city of Kaduna in spite of the criticisms that have trailed the choice of the venue due to the prevailing security situation in the state.

Rising from its national executive committee meeting held in Lokoja, Kogi State, the body maintained that there will be provision of enough security to guarantee the safety of the lawyers and others attending the conference slated for July.

In a communique signed by its president, Mr. Joseph Daudu, SAN, the NBA also condemned the refusal of president Goodluck Jonathan to recall suspended President of the Court of Appeal, Justice Isa Ayo Salami, despite National Judicial Council, NJC recommendation, saying the action was in bad faith.

NBA noted, “NEC considered the recent National Judicial Council recommendation to the President of the Federal Republic of Nigeria to recall the Hon. Justice Isa Ayo Salami back to the office of the President of the Court of Appeal of Nigeria and condemned the refusal of the President so to do on the pretext of pendency of litigation in court.

“NBA/NEC considered the decision was made in bad faith as there was pending litigation when the original decision to suspend him was taken. NBA/NEC reiterates its decision reached at the 2011 Annual Conference of the NBA at Port Harcourt calling for the reinstatement of the PCA on the ground that the suspension was done whilst there was litigation on the correctness or otherwise of the disciplinary action of the National Judicial Council.”

NBA stated it viewed the non approval of Salami’s reinstatement “as capable of eroding the confidence reposed in the judiciary by Nigerians.”

Assessing the state of the judiciary and justice sector generally, NBA noted that recent steps by some stakeholders had exposed the judiciary to public odium and ridicule, while advising  stakeholders, particularly serving Attorneys-General of the Federation, “who arrogate to themselves the right of interpreting judicial decisions and legislation in such manner that strictly suits the Government of the day regardless of their oath of office, the truth and the lofty standards expected of occupants of such high office”, asking them to desist from doing so in view of the incalculable damage such unprofessional conduct is occasioning on the system.