Ex-CJN, Uwais, tackles Jonathan, NJC over “unfair” treatment of Justice Salami

A former Chief Justice of Nigeria, Muhammadu Uwais, said the National Judicial Council, NJC treated the former President of the Court of Appeal, Ayo Salami, unfairly over his disagreement with a former Chief Justice of Nigeria, CJN, Katsina Alu, which led to Mr. Salami’s suspension from office.
The former CJN also said President Jonathan lacks the constitutional powers to suspend a judge the way he did Justice Salami.
Mr. Uwais spoke Wednesday in Abuja at a public presentation of a book titled Isa Ayo Salami: Through Life and Justice written by Funmi Quadri, a legal practitioner and law reporter based in Abuja.
According to Mr. Uwais, prior to Mr. Salami’s retirement from the bench on October 15, 2013, the former president of the Court of Appeal had been suspended from office for over 30 months, describing it as the “longest period in the history of the Nigerian Judiciary that a judicial officer had been sent on suspension for alleged misconduct”.
The former CJN also traced the genesis of the suspension to the disagreement between Messrs Salami and Alu over how to treat a complaint from Sokoto state concerning an election matter that was pending before a panel of the Court of Appeal. He said the disagreement was taken before the NJC, which subsequently set up a number of committees to examine one aspect or another of the complaint.
“None of the committees found Hon. Justice Salami of any infraction, but the NJC, in considering the report of the last committee set up by it, directed that Hon. Justice Salami should tender an apology to the then Chief Justice of Nigeria within 7 days. This Hon. Justice Salami refused to do, since he was not found guilty of any misconduct,” he said.
Mr. Uwais also said without the NJC asking Mr. Salami to explain why disciplinary action should not be taken against him for disobeying its directive, Mr. Salami was served with a letter suspending him from office, pending his removal from office by the president as recommended by the NJC.
President has no power to suspend a judge
The former CJN also stated that based on section 153 subsection (2) of the 1999 constitution of the Federal Republic of Nigeria, it is the NJC that is vested with the power to suspend a Judge for misconduct, as a disciplinary measure, and not the President.
According to Mr. Uwais, the particular section of the constitution provides inter alia that the powers of the National Judicial Council are “Contained in part 1 of the third schedule to the constitution”.
He said based on the provision of the constitution as highlighted, “Justice Isa Ayo Salami has been unfairly treated by the NJC,” adding that “ It is disturbing, to say the least, that the NJC, whose membership consist of eminent and experienced judges and lawyers, should act in the manner they treated Hon. Justice Salami”.
Nigeria, affected by the absence of Justice
Nobel Laureate, Wole Soyinka, who presented the lead paper at the occasion, which he titled “Justice is never Siddon look” said the country is being affected by the ‘burden of untreated justice’.
While lamenting the high number of unresolved politically related assassinations, Mr. Soyinka faulted the seeming ‘divine intervention’ mindset of most Nigerians.
“How many accusing fingers shall we continue to point awaiting divine intervention? We must stop paying lip service to Justice,” he said.
He however said social injustice could only thrive for a while; “where justice appears to be lost, a higher order of restitution takes over”.
The Nobel Laureate and activist however poured encomiums on Mr. Salami, who he said has an exemplary ‘incorruptible personality’ and is leaving public service with his head held high.
Strong APC delegation
The opposition All Progressives Congress had a strong delegation to the event. The delegation was led by the two national leaders of the party, Muhammadu Buhari and Bola Tinubu. Also part of the APC delegation are three governors from Osun, Ekiti and Zamfara states.
In his short remark, former Governor Tinubu described Mr. Salami in glowing words.
“The story of Justice Salami is instructive. Despite being exonerated by numerous panels of men of integrity, the government refused to re-instate him. Though kept at home, he was a constant thorn in their side because he would not abide by their script. His compass was not the demands of those in power. His compass was the dictates of the law. In another setting, he would have been proclaimed a great and noble man. In Nigeria, he was punished,” Mr. Tinubu said.
Naira rain
The governor of Zamfara state, Abdulaziz Yari, who presented the book at the occasion announced that the eleven APC governors have agreed to purchase 250 copies of the book at a total cost of Fifty Five Million Naira.
Mr. Yari however said all the books are to be distributed to Nigerian Universities.
Mr. Tinubu followed suit and announced that he would pick 25 copies of the book “at a very very handsome amount of money”.
The Acting President of the Court of Appeal, Zainab Bulkachuwa, also announced that the Appeal Court would pick 30 copies for three million naira.
She also announced that the Court would hold a valedictory session in honour of Mr. Salami on Thursday, October 31 by 11 a.m. at the premises of the Appeal Court headquarters.

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