Bashir Salihu is a legal practitioner and former chairman of the Nigerian Bar Association (NBA) in Yobe State. In this interview with UCHE UCHE in Damaturu, the Lawyer speaks on the Justice Salami saga, President Goodluck Jonathan’s proposal of single six-year term and the relationship between the Judiciary and Yobe State government.
The suspension of Justice Ayo Salami by the NJC has done serious damage to the refutation of Nigeria’s judiciary. What is your take on the lingering crisis?
Well, thank you very much for this opportunity, with regards to Justice Salami’s situation or the issues that brought it.? I would say from my own humble point of view that it is an issue of politicizing the judiciary and when politics enters the judiciary, it causes a lot of interests to come into conflict and in that situation the role of the Judiciary becomes corrupted. You see the issues involved in Justice Salami’s saga is that the parties or the Members of NJC that determined his case I can say acted to a certain extent against the basic principles of Law.? The panel itself can not be said to be free from bias, so I think I will restrict myself on this issue because most of the information we gathered were culled from the media and I have not been privileged to get documents that will really enable me to give you a candid legal opinion, with regards to this issue. I want to believe that the Salami matter may ruin the judiciary with the way things are going.? This is the fact.
How is the relationship between the NBA and Yobe State government with regards to speedy judgement on Prisons decongestion?
Yeah, let me start by commending the Yobe State Attorney General and Commissioner of Justice, Ahmed Mustapha Goniri, his Permanent Secretary Isa Samanja and the Director Public Prosecution U.Z. Mohammed for their efforts in ensuring the rule of law prevails. Their competence has eased many jobs, because each time we confronted them with any matter, they responded promptly. Lawyers from the neighbouring Bauchi come here with cases. I was once invited to settle a case from the 20 local government chairmen of Bauchi State which is still memorable to me.
Yobe Judiciary is exceptional. I have been practicing here for the period of 19 years and I must commend the Yobe State Judiciary especially the High Court, with regards to the dispensation of Justice.? As far as High Court in Yobe State is concerned, it can compete with any Judiciary in this Country. But the Nigeria Bar Association (NBA) is a slight distraction because the former chairman of the NBA got a federal appointment. We are still in the process of re-organizing it, the NBA in Yobe is still very young but over the years, it has got strong while the relationship with the state government is very cordial. There is nothing we have asked from the government that we have not got, so I commend the state government.?
What do you think are the major problems affecting Yobe Judiciary?
There is the need for more High Court Judges in the state because presently we have only five and the Chief Judge is retiring soon. We need additional three in my opinion.? The Yobe State Judiciary is independent especially the High Courts, the government does not interfere.
Once again, let us visit Justice Salami’s issue. The NBA restrained its Members from witnessing the inauguration of his replacement….
Thank you very much, there is a saying ‘‘united we stand, divided we fall.’’ Those who obeyed did that because of the need to be united against all institutions including the bench. The Lawyers that violated the directives of the NBA would be sanctioned. The national NBA is trying its best to resolve this issue and like I said earlier I do not have the direct information with regard to Justice Salami’s issue.?
Now, to politics, President Goodluck Jonathan is proposing single term agenda of six years for president and governor. What are your views??
To me it is a good idea but the mode of its introduction has to be looked into. If the six year single tenure is to commence. From the Present setting, the whole world will see it as a political gimmick to give the president a ten year term of office because by 2015, he would have spent his full term of four years. But if he does not benefit from the proposal,? People will see that he has introduced a law that is detrimental to himself but beneficial to the Country, because this six year tenure will allow government to concentrate on governance. Because elective officials especially governors and president will not start thinking of how to come back ,but if it commences with him, people will see it as inimical to the Country but earning him undo political advantage. The proposal is a good idea but President? Jonathan should not be a beneficiary.
Finally, we learnt you represented INEC in one of the cases filed between Ya’u Galadima and Hassan El-Badawi of the National Assembly, what role did you? play?
Our role was to protect the sanctity of the election that was conducted by our client that is INEC. My role was nominal because we can not be seen either supporting the petitioners or the respondents but we were there to protect rule of law. So our role was not to win or loose at all cost but to show the court that INEC conducted the elections in accordance with the 1999 Constitution and the Electoral Act 2010 as amended!