Should CJN, Justice Salami follow the path of honour?

By Dayo Benson, Asst. Editor
Since Court of Appeal President, Justice Ayo Salami, made a damning allegation against Chief Justice of the Federation, Justice Aloysius Katsina-Alo, all certainly was not been well with the judiciary, or so it seems. Justice Salami had brazenly alleged that Justice Katsina-Alo asked him to pervert the course of justice in Sokoto State governorship election petition in favour of Governor Aliyu Wamako.

Already, some have called on the two top judicial officers to quit so that thorough investigations could be carried out. The feeling in some quarters is that the development had brought the two exalted offices into disrepute especially when the Appeal Court president decided to withdraw a lawsuit against the CJN. In the suit challenging the power of the CJN to elevate him to the Supreme Court, he had deposed to an affidavit containing the allegation.

There have been moves to reconcile the two, but the Nigeria Bar Association, NBA, had set-up a 12-man panel of Senior Advocates of Nigeria, SANs, to investigate the matter even amid calls for the two to stand down from their offices. The NBA panel included: Chief T. J. O. Okpoko, SAN, Chairman; Chief Bamidele Aiku, SAN; Mr. Idowu Sofola, SAN; Dr. S. S. Ameh, SAN; Mr. O. C. J. Okocha, SAN; Mr. E. J. J. Toro, SAN; Chief Assam Assam, SAN; Professor G. O. Olawoyin, SAN; Mr. Marcus Yarkasuwa Saleh, SAN; Mr. Obi Ulasi, SAN; Alhaji M. U. Ibrahim, and Mrs. Stella Ugboma as members, while Mr. Ebenezer Obeya  will serve as the secretary. Interestingly, the CJN is due for retirement in August while Justice Salami is expected to retire next year.

It all started when Justice Katsina-Alo in a letter elevated the Appeal Court President to the Apex Court, but Salami read other meaning to the gesture. He claimed the promotion was a ploy by the CJN to get him out of the Appeal Court because of coming elections. Before the 1999 Constitution was amended, the Court of Appeal was the final court in governorship election petitions. Under Justice Salami as Appeal Court President four governors have been sacked after their elections were nullified.

CJN Katsina-Alu

They are former governors of Ondo, Dr. Olusegun Agagu, Prof. Osunbor of Edo State, Engr. Segun Oni of Ekiti State, and Chief Olagunsoye Oyinlola of Osun State. Justice Salami dealt the big blow when he alleged that the CJN wanted him out of the Appeal Court because he refused to compromise in the Sokoto State election petition.

Before the Appeal Court panel headed by Justice Salami delivered its judgement in the Sokoto governorship petition, the Supreme Court which had earlier assumed jurisdiction in the matter in an appeal filed by Governor Wamako dismissed his (Wamako) opponent’s petition pending before the Appeal Court on the ground that it was abuse of court process. With the Supreme Court verdict, the Appeal Court was unable to deliver its judgement.

To enusre that he was not promoted out of the court, Justice Salami filed a suit against the CJN, but he later withdrew it when eminent figures in the legal profession intervened. The withdrawal of the case by the appellate court president, apart from his case against the CJN, Justice Salami himself appears to have a case to answer.

He has been accused of exchanging telephone calls with some lawyers involved in Ekiti and Osun states governorship election petitions. Already, he has been queried by the National Judicial Council, NJC. Apparently, to verify the allegation, the State Security Service, SSS, had requested for the call logs of those mentioned. Speaking in defence of Justice Salami, constitutional lawyer, Prof. Itse Sagay said that those who have accused him of compromising in Osun and Ekiti states governorship appeal petitions should provide evidence just as he stated that Justice Salami was incorruptible.

But the question is, should both the CJN and Court of Appeal President stand down from their offices, Prof. Sagay said that would be going too far. “I don’t support that and I think that would be going too far. What should be done is to call the parties involved and asked them to provide evidence on what they have said. If you asked them to step down, I think innocent people would just be made to suffer for what they don’t know anything about.

Said Prof. Sagay: “Something more serious than that had happened before when the Chief Security Officer to late Gen. Sani Abacha, Major Mustapha accused the then Lagos State Chief Justice of receiving N10 million from him. The CJ was not asked to step down. He was thoroughly investigated by NJC in what looked like a trial and at the end, he was to be clean.

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