Contrary to the report of the panel set up by the Nigerian Bar Association (NBA) which indicted the Chief Justice of Nigeria (CJN), Justice Aloysius Katsina-Alu, and two lawyers, Yahaya Mahmood and Alfred Agu, the National Judicial Council (NJC) yesterday cleared Katsina-Alu of the allegations made against him by the President, Court of Appeal, Justice Isa Salami, that the CJN asked him to compromise over the Sokoto governorship tussle.
LEADERSHIP had exclusively reported on July 28, 2011, the NBA report which indicted the CJN and two lawyers, Mahmood and Agu.
In a statement issued yesterday by the deputy director (Information), Mr. Soji Oye, NJC directed Salami to apologise in writing to Katsina-Alu and the NJC within seven days from yesterday on the grounds that his claim against the CJN over the Sokoto matter was found to be false.
The NJC also warned Salami to desist from unethical conducts capable of eroding the public confidence in the integrity and impartiality of the judiciary.
?The NJC added that it took the decision after its 6th emergency meeting on Tuesday where it deliberated on the two separate reports of two committees- Justice Umaru Abdullahi panel and that of Justice Ibrahim Auta- on the allegations of misconduct levelled against the CJN and the PCA.
Exonerating the CJN, the NJC’s statement reads in part: “That the allegation made by Salami that Katsina-Alu instructed him to direct the Sokoto governorship appeal to dismiss the appeal by the Democratic Peoples Party (DPP) is not true.
“Council decided that it is a misconduct contrary to (Rule 1(1) of the Code of Conduct for Judicial Officer.”
“And that the CJN acted in good faith and was motivated by the apparent urge to protect the administration of justice and avoid breach of peace when he directed that the judgment in the Sokoto case be “put on hold” pending the investigation of the petitions he had received on the matter”.
It also said that the justices of the Court of Appeal (JCAs) who served on the Sokoto, Osun and Ekiti states Governorship Election petitions had no case to answer.
The NJC further dismissed the call logs relied upon by ex –Governors Segun Oni ( Ekiti) and Olagunsoye Oyinlola (Osun) in their petitions against Salami and other JCAs, saying that the call logs lacked authenticity and evidential value. It added that there was no sufficient evidence to establish unethical communications between Salami, JCAs and some prominent lawyers including four Senior Advocates of Nigeria, Yusuf Ali, Lateef Fagbemi, Niyi Akintola and Rickey Tarfa.
The justices of Sokoto State governorship appeal panel were also cleared of any wrongdoings by the NJC . The justices were Musa Dattijo Mohammed, Paul Galinje, John Inyang Okoro, Mas’oud Oredola and Regina Nwodo.
Salami and other JCAs – Clara Bata Ogunbiyi, O. Ariwoola, Chima Cletus Nweze and Adamu Jauro that served in the Ekiti and Osun states governorship matters were also given clean bill of health.
Meanwhile, some prominent lawyers, Prof. Itse Sagay (SAN), Dr. Konyinsola Ajayi (SAN),Mr. Fred Agbaje have criticized the NJC decision , saying that the development was a perversion of justice and appears to have been doctored by some politicians who are not comfortable with the formidable election petition tribunals that Salami constituted over April 2011 general elections.
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he lawyers said that Salami was being persecuted on the grounds of his impartial and courageous attitude which might not augur well for those whose elections were under contest at the election tribunals.
Sagay said: “I found the NJC decision to be perverse because Justice Babalakin has looked into their matter and exonerated both the CJN and PCA.
“My fear is that there is a powerful group and individuals in this country who do not want Salami to continue as the president of the Court of Appeal because of a water-tight election petition he has set up in the country over the last elections.
“It is Salami’s impartial and courageous attitude that has turned him enemy of those powerful elements in the country.
“It would be a sad moment for the country if that man (Salami) is removed as the PCA just because some people want to thrive in their wrong ways”.
Konyinsola said , “The NJC decision is not Solomonic because if an ordinary citizen accuses a judge of corruption which is unfounded, the person would be held for contempt. And if the accuser is a lawyer, he ought to be de-barred. How can the NJC get judgment for one person and leave the other person out. It is not a matter of apology because the judiciary has been brought to ridicule by the accusation and counter accusation.”
Agbaje advised Salami to resign his appointment rather than offer an apology to the CJN and NJC. “The best option for Salami at this point in time is to call it a quit because if he tenders the apology, it means he is guilty. But if he feels strongly that he is not guilty and cannot tender an apology on the matter, he should honourably bow out. Of course, a man of Salami’s standing cannot just wake up and make allegations against the CJN just like that. We must have his facts”.
But a Lagos- based activist, Mr. Femi Falana, confided in LEADERSHIP yesterday that he had filed a suit before the Federal High Court in Abuja, challenging the decision of the NJC.
A source close to Salami also told one of our correspondents that the PCA would never resign his appointment , saying that the last had not been heard on the matter.
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