The nation is watching the unfolding of an embarrassing drama involving the highest echelons of the Nigerian Judiciary which could not have been more badly-timed. The published and undignifying letter from the President of the Court of Appeal, Justice Isa salami to the Chief Justice of the Federation, Justice Katsina-Alu and the National Judicial Council, as well as the alleged provocations behind the published letter are major sources for public concern. The quarrels are providing opportunities for many groups and individuals to further dent the image of the judiciary, or read their own meanings into the disputes. At a time when the judiciary is about to be engaged in massive adjudications of electoral cases, many with potentially very high stakes, these disputes are both unnecessary and unbecoming. The matter has now been made worse by the reported plea to a High Court to stop Justice Salami’s removal from the Court of Appeal by the Justice himself.
This undignifying episode involving highly respected members of the Bench was triggered by the letter written and released to the Press by Justice Isa Ayo Salami, protesting plans by the Chief Justice of Nigeria to move him up to the Supreme Court as a Justice of the apex Court, from his position as President of the Court of Appeal. Ordinarily, this should be seen as an elevation, and if the proper procedures have been followed, there would have been little to quarrel over, particularly since there have been reported precedents. But both Justice Ayo Salami and his supporters argue that there are sinister motives behind the plan, and have raised all manner of technicalities to make a mockery of the attempt. Justice Salami himself has declared publicly that Chief Justice of Nigeria had made an unsuccessful attempt to get him to deliver a particular verdict on the Sokoto State Gubernatorial case earlier.
Justice Ayo Salami is protesting and rejecting the plan to appoint him as Supreme Court Justice because he alleges that the Chief Justice of Nigeria really wants to move him away from his present position in order to appoint someone else who is more amenable to the control of the Chief Justice. He complains that due process has not been followed in the matter, and, in any case, he is not interested in moving up to the Supreme Court. The language of Justice Salami and the combative nature of his protests suggest that there is some element of bad blood between Justice Salami and Chief Justice Katsina-Alu. The Federal Judicial Service Commission and the National Judicial Council which are all supposed to be involved in the process of appointing or elevating Judges and Justices have not commented on the issue. The Chief Justice of Nigeria has also not spoken publicly in response to Justice Salami’s letter, although Justice Salami claims that the Chief Justice has actually commenced the formal process of removing him from the Court of Appeal.
Nigerians are not going to be impressed by this development and the manner it is being handled, no matter who is right or wrong. The public domain is the worst place to settle a matter of this sensitivity, and people of the standing and position of these Justices should know better than to make their cases in public. Clearly, there is something seriously wrong in the professional and personal relationship of Justice Salami and Chief Justice Katsina-Alu. On face value, Justice Salami should be reprimanded for taking his issues with the Chief Justice to the public, because the only obvious conclusion to be drawn from his action is that he intends to politicize the matter, and embarass of the Chief Justice and the National Judicial Council. Now that he has gone to Court to challenge the attempt to remove him, we are dealing with an entirely new issue, which will suggest a major breakdown of the institutions which govern relations in the judiciary.
But if indeed there are attempts by the Chief Justice to remove Justice Salami as President of the Court of Appeal for the type of reasons he claims, then the nation has much cause to worry. To imply that the Chief Justice wants a stooge he can control at the lower Court, at a time when the Court of Appeal is about to commence adjudication over many sensitive cases arising from electoral disputes is a very serious charge. The Chief Justice of Nigeria will not satisfy the concern of Nigerians by a silent response to this accusation, even though, of course, the earlier this issue is taken out of the public domain the better. It is even more worrying that Justice Salami is bringing back the infamous Sokoto Gubernatorial case, which had divided the legal and judicial community in Nigeria right down the middle, and is still before the Courts.
Without prejudice to the internal processes involved in appointments, promotions and discipline of Justices of the Court of Appeal and the Supreme Court, the National Judicial Council must address the serious claims of Justice Salami against Chief Justice Katsina-Alu. The nation needs assurances that these are not preliminary skirmishes around the role of the judiciary in the April 2011 elections. Nigerians need to know the genesis of this dispute, and whether it is storm in a teacup or a gathering storm which will seriously damage the reputation of the judiciary and compromise the quality of the electoral process. If Justice Salami has conducted himself in a manner which requires some consideration for disciplinary measures, this should also be handled by the National Judicial Council openly and fairly.
As is in the nature of the legal profession, there are already many opinions on this matter, including attempts to get the Courts to stop Justice Salami’s move. These public debates are not helping the situation. What needs to be done can be done expeditiously and with maturity by the National Judicial Council and by the Chief Justice of Nigeria himself. Now that Justice Salami has taken his case both to the public and the Court, the highest levels of maturity and responsibility are needed to bring this controversy quickly to an end.
In the meantime, people in sensitive and important positions should keep in mind that Nigerians have genuinely high expectations that the elections in April 2011 will be conducted fairly and freely. Since the judiciary has a major role to play in settling disputes from these elections, it is a vital component of the electoral process which can determine the quality of the elections. This is why any development in the judiciary, especially a development of this nature in which the integrity of the leadership of the judiciary is being questioned or ridiculed publicly should worry Nigerians. We want an explanation for what is going on, and we want an end to any attempt to limit the capacity of the judiciary to play its key role in the forthcoming elections.
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