An advocacy group, Access to Justice (AJ) has called on the acting in Chief Justice of Nigeria (CJN), Justice Dahiru Musdapher to review the decision taken to suspend Justice Ayo Salami as President, Court of Appeal (PCA).
In a letter dated August 29, 2011, written to the CJN and signed by its director, Mr. Joseph Otteh, the group said that the decision to suspend Salami posed a grave threat to the sustainable enforcement of generally applicable rules of law on government and citizens alike.
A copy of the letter was made available to LEADERSHIP yesterday.
It wondered why a distinguished body like the NJC that was composed of both serving and retired judges would take actions that were inconsistent with public faith in the rule of law.
Citing several cases where the CJN refused to take action or deliberate on matters or petitions brought before it because they were sub judice, it therefore called on the CJN to rescind the decision on Justice Salami.
“Your Lordship will see therefore, that public perceptions that the NJC has acted with ulterior motive in this case is a perception that the NJC has itself, through its actions, wrought and fostered. Fortunately, it is not late to reverse the NJC’s decision on Justice Salami.”
“There is room therefore to back-track, and rescind the decision on Justice Salami; now is the time too to pull the Country back from the edge of the precipice where the Council’s actions have led it, and commence a confidence-building and reform process that will win back badly dented public faith and confidence in the Council, and indeed justice institutions overall.
Afterwards, Your Lordship would need to undertake a number of reforms that have the potential to guarantee much greater independence and integrity in the NJC and the Judiciary as a whole,” the letter stated further.
AJ also pointed out that President Goodluck Jonathan, to whom the NJC wrote recommending Justice Salami’s retirement, realising that the NJC’s decision was arguably impeachable has chosen to only appoint an acting President of the Court of Appeal pursuant to section 238(4) of the Constitution who would hold office for not more than three months, “pending when all issues relating to the office of President of the Court of Appeal are resolved.”
“There is, as far as we know, no motion pending before the Senate for the removal of Justice Salami pursuant to section 292 of the Constitution, and the current status quo is that Justice Salami’s suspension can be withdrawn.”
It urged the CJN to consult with the Bar, civil society organisations, international organisations and retired judges and justice to begin a critical process of re-building which the Judiciary direly needs. According to it a forum of stakeholders for this purpose might be a helpful idea.
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