NO REGRETS OVER CLASH WITH FORMER CJN –JUSTICE SALAMI
Some leaders of the All Progressives Congress,
including a former Lagos State governor, Asiwaju Ahmed Bola Tinubu and a former
military Head of State, Gen. Muhammadu Buhari, on Wednesday in Abuja, made a
surprise appearance at the public presentation of a book written in honour of
the retired President of the Court of Appeal, Justice Ayo Salami.
The book titled, “Isa Ayo Salami: Through Life
and Justice,” was written to mark Salami’s retirement from service.
The former PCA retired while still serving a
suspension placed on him by the National Judicial Council following a
disagreement he had with a former Chief Justice of Nigeria, Justice Aloysius
Katsina-Alu.
The APC delegation, which arrived shortly after
the commencement of the event, also included the party’s National Chairman,
Chief Bisi Akande, the governors of Osun, Ekiti and Zamfara states, Rauf
Aregbesola, Kayode Fayemi, and Abdulaziz Abubakar Yari, respectively.
Others include the APC party’s spokesperson,
Alhaji Lai Mohammed, a former minister of the Federal Capital Territory, Mallam
Nasir el-Rufai, as well as several national and state lawmakers in the party.
On behalf of ‘eleven progressive governors’ of
the APC, Yari, the chief presenter, purchased 250 copies of the book in the sum
of N55m.
According to him, the books are to be donated to
Nigerian universities.
In an address at the event, Justice Salami, who
retired after reaching 70 years on October 15, 2013, said he had no regrets for
refusing to pervert the course of justice, as he was allegedly instructed by
the former CJN, Justice Katsina-Alu, even though the development led to his
suspension from office.
He said, “I realise the public interest that my
feud with the NJC and former CJN Katsina-Alu generated. It is obvious that
people want to know what the fuss was actually about, and briefly put, this is
it.
“I was invited by the then CJN, Justice
Katsina-Alu to his chambers on the 8th of February, 2010, using Justice Dahiru
Musdapher’s phone, and when I got there, I met them together (Justice Musdapher
was the next in line to him at the Supreme Court).
“He (Katsina-Alu) instructed me to direct the
Justices of the Sokoto Appeal to dismiss the appeal of the Democratic Peoples
Party governorship candidate and I responded that I could not do so.
“Contrary to the deposition of Justice
Katsina-Alu that he called me into his Chambers in respect of leakage in the
judgment of Sokoto matter which he gathered from petitions, there were no
petitions against me or the Justices in the Sokoto Appeal Panel as at the 8th
day of February, 2010, on Sokoto matter or any other matter.
“Ironically, the petitions in question only
emerged on the 15th of February 2010, seven days after I had unequivocally
informed the CJN that I would not direct a competent court on what its judgment
should be.”
Justice Salami added that, after showing him the
petitions on the 15th of February, Justice Katsina-Alu asked him to disband the
Sokoto Appeal Panel in view of the petitions.
“I responded that I would not disband the panel
as the petitions did not contain any allegation of impropriety against the
members. In my response to the petitions, I made known what transpired at our
meetings of 8th and 15th February, 2010.
“It was in his own submission to the NJC on my
response that he now alleged that the reason for calling me was that the
judgment in the Sokoto matter has leaked and that he gathered the allegation
that the judgment had leaked from petitions written against me,” he said.
The former PCA maintained that the Investigating
Panel set up by the NJC under Justice Umaru Abdullahi (former President Court
of Appeal) rejected Justice Katsina-Alu’s claim that there was an allegation of
leakage in the petitions.
“In spite of this they concluded that he (Justice
Katsina-Alu) was acting in good faith. On this, I won’t say more.
“I thank the Almighty God that I refused to
pervert the course of justice. Disbanding the panel or persuading them to
dismiss the appeal was not the right thing to do.
“It would have offended the principle of the
independence of judges which I so much respect and believe in.
“As a matter of fact, I will simply say that if I
had done what the then head of the Nigerian judiciary had wanted me to do, I
would not have this honour and if at all this book was published, it would be
shameful and hypocritical of me to stand before you and talk about honour and
integrity – two things which define a fine judicial officer alongside the grasp
of the law,” he said.
The chairman of the event, and a former CJN,
Justice Mohammed Uwais, stressed that the President of the Federal Republic of
Nigeria had no powers to suspend, or recall Justice Salami.
The NJC had after deciding to suspend Justice
Salami, written President Goodluck Jonathan to approve the suspension.
Also, after deciding to recall him, the Council
had written to the President to approve the decision. The President had
declined, arguing that the matter was sub judice.
Justice Uwais said the NJC erred by referring the
issue to the President.
He noted that the NJC was not fair to Justice
Salami.
“It follows that Justice Isa Ayo Salami has been
unfairly treated by the NJC. It is disturbing, to say the least, that the NJC,
whose membership consists of eminent and experienced judges and lawyers, should
act in the manner they treated Justice Salami,” he said.
In a short remark at the event, Tinubu extolled
Justice Salami’s courage and perseverance.
“Thank you Justice Salami for teaching us
courage, thank you for teaching us perseverance.
“In the ocean of corruption you have provided a
craft.
“At this critical time in the history of our
country we need more men like you who can stand and confront the abuse of
power,” he told the retired PCA.
In a keynote address, titled “Justice is never
siddon look,” Nobel Laureate, Prof. Wole Soyinka, spoke against all forms of
injustice in the country, particularly in the judiciary.
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