‘Suspension was targetted at frustrating CPC petition’

The Congress for Progressive Change (CPC) yesterday said the suspension of the Court of Appeal President Isa Ayo Salami by the National Judicial Council (NJC), was a calculated attempt to frustrate its (CPC) presidential petition.
The party, in a statement said: “What is unquestionably discernible in this entire saga is that it was not Justice Salami that is the target but the CPC Presidential Petition which his court is adjudicating on! The hush-hush manner in which this spectacle of the In fra dig is being executed gives the impression that a timeline is being strictly adhered to.”
It asked why the NJC is not allowing the normal constitutional provision of making recommendation to the President to prevail? : “Why did the NJC refuse to be served the summons in the suit filed against it by Justice Salami?  Why did the NJC choose to still discuss a matter that is already pending in a High Court? Why did NJC suspend Justice Salami, thereby effectively removing him from his office contrary to the provision of the Constitution?
According to the statement signed by the party’s National Publicity Secretary, Rotimi Fashakin: “The next hearing in the Motion for Judgment filed by CPC is August 29. Is NJC trying to work to ensure that a more malleable judicial officer is in the saddle before that date? This lends credence to the widely held notion that this decision was taken with a purpose to frustrate the CPC Presidential petition and render it time-barred.
“Without any scintilla of doubt, the greatest tragedy that can befall the Nigerian nation is when the Judiciary, as the bastion in the defence of the rights of the oppressed, becomes noxiously compromised and made prostrate.                                               
The Party went on: “The Congress for Progressive Change (CPC) is horrified by the meeting of the National Judicial Council (NJC) of Thursday, 18th August, 2011, wherein Justice Isa Ayo Salami, President Court of Appeal (PCA) was suspended and ordered to hand over to the next in seniority. In a manner reminiscent of a witless regurgitation of prepared script, the NJC carried out a hatchet job that careful watchers had anticipated for quite a while. It is still mind-boggling that the same NJC that admitted the intervention of the Chief Justice of Nigeria (CJN), Justice  Aloysius Katsina-Alu, in the Sokoto governorship petition appeal suit, which was clearly outside his judicial powers; went ahead to pronounce a ‘guilty as charged’ sentence on Justice Salami for daring to challenge the impunity of his boss. In a 23-member body where the CJN accounts for the appointment of 20 members (including himself), it is hardly conceivable that the same body can ever apprehend the CJN for any malfeasance!
“Indeed the preponderant view within the polity is that this ignoble decision has opened a new vista in Nigeria ’s season of anomie. The 3rd Schedule I (21b) of the constitution states that the NJC shall: “Recommend to the President the removal from office of the Judicial Officers specified in Sub Paragraph (a) of this Paragraph and to exercise disciplinary control over such officers. “
“Thereafter, Rule of Law gives way to the Ruse of Law; anarchy and unimaginable disequilibrium subsist. As a party, we still believe that the Nigerian Nation can be saved from this web of orchestrated, selfish and needless crisis of confidence on the judicial arm of Government.”

http://www.nigerianews24.com/articles/%E2%80%98suspension-was-targetted-at-frustrating-cpc-petition%E2%80%99

if there could be this wahala in the highest judicial system of this country, then we are finish!!! God help us.

The Congress for Progressive Change (CPC) yesterday said the suspension of the Court of Appeal President Isa Ayo Salami by the National Judicial Council (NJC), was a calculated attempt to frustrate its (CPC) presidential petition.

This is very foolish indeed. Is CPC saying it had compromised Salami to deliver judgement in its favour? The statements issuing out over this saga need to be thoroughly investigated.

The real target of this whole drama is the CPC petion before the presidential election tribunal.
Justice Salami has refused to be compromised so he has to be removed. I'm waiting to see how the drama will end.
7 people out of 24 sat to take this decision in a case that is before a competent court of law. Only 4 of the 7 voted YES and 3 voted NO.
This means 4 members out of 24 members took the decision to suspend the PAC.
The CPC petition is now as good as dead. This is what we voted for and we got it.

we have no judiciary because when ever u have a judiciary that so much depend on the federal govt, it is as good as a one party system where oposition is not allowed.
judicary, the hope of a common man only exist on papers in nigeria. if anyone says he gets justice in nigeria, ask that one how much he spent.
pdp is the worst thing that happen to our judicary system.
our learned lawyers do not know their own rights in nigeria so how will they protect the rights of the citizenry.
i have a very close friend that happens to be a lawyer, he is always bribing the police over his own case.
nigeria is the most useless country in the world.
jonathan selects, appoints, discahrges inec chairman, judges and everyother important position at will.
we have a one man govt.
this is a shame.

omo alaro:

The real target of this whole drama is the CPC petion before the presidential election tribunal.
Justice Salami has refused to be compromised so he has to be removed. I'm waiting to see how the drama will end.
7 people out of 24 sat to take this decision in a case that is before a competent court of law. Only 4 of the 7 voted YES and 3 voted NO.
This means 4 members out of 24 members took the decision to suspend the PAC.
The CPC petition is now as good as dead. This is what we voted for and we got it.

Did some of us not shout ourselves hoarse declaring that GEJ has no qualms abetting illegality, criminality and the truncation of the rule of Law? Did GEJ not look the other way when 9 lawmakers impeached 15 in the disgraceful Ogun impeachment saga last year? I predicted back then , because of the woeful precedence GEJ allowed to be set under his weak and compromised Presidency, that impunity will carry the day henceforth. We are seeing that right now. "Fresh air" indeed.

When a judge is accused of telling lies, committing perjury and is constitutionally suspended, only corrupt people cry big tears.
How can a tainted judge sit as president of the Court of Appeal? Surely, it is only right for someone else to act while Salami gets the chance to clear his name?
Our judiciary is rotten and politicised, things cannot go on this way.
If anyone is unhappy, we have to wonder why since the law has taken its constitutional cause.

^^^^
People don't even understand how serious perjury is. Bill Clinton was impeached for perjury if you must know!

Beaf:

This is very foolish indeed. Is CPC saying it had compromised Salami to deliver judgement in its favour? The statements issuing out over this saga need to be thoroughly investigated.

No Sir.

CPC is saying Justice Salami is one judge they can trust to deliver fair justice on their case because they believe he is not in the pocket of the PDP Federal Looters.

In a country where e.g INEC officials (umpires) serves at the mercy of the president (a contestant ) and his party, what do you expect?

That is like Chelsea appointing and paying a Refree to officiate a premiership match they are playing in. We know what the likely results will be.

Let's stop deceiving ourselves, what we practice is a joke and this President has done little to nothing to end it because it benefits him. That is not the fresh air they promised.

Some of you are trying to sound intelligent but making fundamental flaws and indicting Salami more. by your submissions, you are indicating that:

1. Salami is serving the interests of CPC and ACN. The same impressions the ACN leadership is doing by fighting for Salami.

2. That it is ok for a judge to be partisan and thereby fraudulent as far as he is defending ACN or CPC.

3. That all other judges in Nigeria, including Salami's fellows in the Appeal court are PDP people. That is a sweeping indictment of the judiciary or maybe it is actually more indictment for Salami because he is the only judge that is partisan.

4. That Salami is above the law and must not be touched because he serves the interest of the ACN and CPC.

These are very dangerous positions and naive at best. The law is the law and no one is above the law. Salami is not the only judge in Nigeria. He must be subjected to the same law he presides over. Making this a PDP matter is very naive and dangerous and a bad precedence that some Nigerians are trying to set. ACN has completely indicted and ridiculed the judiciary. GEJ is totally following due process just like he posted this morning on his facebook page. What some of you are posting are sentiments that will not stand the test of the law. the judiciary is an independent body and GEJ did not remove Salami as some of you sound. The reccomendation of the NJC did.

The notion that Salami is the only one that can stand up to the PDP is not a plus but an indictment that simply means he is the puppet of the opposition and no judge, especially at that level should be a puppet of anyone. Justice cannot be partisan else it is no longer justice but injustice. Trying to intimidate GEJ to follow what the opposition wants is very silly and he wont do that.

And the introduction of partisanship into the NBA will completely destroy it, please mark my words. They are going to implode soon.

WOW . . . . Salami is serving the interest of . . . .

[s]

edicolove:

Some of you are trying to sound intelligent but making fundamental flaws and indicting Salami more. by your submissions, you are indicating that:

1. Salami is serving the interests of CPC and ACN. The same impressions the ACN leadership is doing by fighting for Salami.

2. That it is ok for a judge to be partisan and thereby fraudulent as far as he is defending ACN or CPC.

3. That all other judges in Nigeria, including Salami's fellows in the Appeal court are PDP people. That is a sweeping indictment of the judiciary or maybe it is actually more indictment for Salami because he is the only judge that is partisan.

4. That Salami is above the law and must not be touched because he serves the interest of the ACN and CPC.

These are very dangerous positions and naive at best. The law is the law and no one is above the law. Salami is not the only judge in Nigeria. He must be subjected to the same law he presides over. Making this a PDP matter is very naive and dangerous and a bad precedence that some Nigerians are trying to set. ACN has completely indicted and ridiculed the judiciary. GEJ is totally following due process just like he posted this morning on his facebook page. What some of you are posting are sentiments that will not stand the test of the law. the judiciary is an independent body and GEJ did not remove Salami as some of you sound. The reccomendation of the NJC did.

The notion that Salami is the only one that can stand up to the PDP is not a plus but an indictment that simply means he is the puppet of the opposition and no judge, especially at that level should be a puppet of anyone. Justice cannot be partisan else it is no longer justice but injustice. Trying to intimidate GEJ to follow what the opposition wants is very silly and he wont do that.

And the introduction of partisanship into the NBA will completely destroy it, please mark my words. They are going to implode soon.

[/s]
The problem with most of you is your comprehension deficiency.
The fact is NJC and Odechukwu does not have the Powers to remove the PCA without the Senate two third. Stop being foolish. Majority of you PDP apologist are Scumbags i Swear

Beaf:

This is very foolish indeed. Is CPC saying it had compromised Salami to deliver judgement in its favour? The statements issuing out over this saga need to be thoroughly investigated.

Beaf:

When a judge is accused of telling lies, committing perjury and is constitutionally suspended, only corrupt people cry big tears.
How can a tainted judge sit as president of the Court of Appeal? Surely, it is only right for someone else to act while Salami gets the chance to clear his name?
Our judiciary is rotten and politicised, things cannot go on this way.
If anyone is unhappy, we have to wonder why since the law has taken its constitutional cause.

Two particular set of people cannot be deceived by a lie at the same time. If the person being lied to does not know he is being fooled, the person lying knows that he is lying.

I seriously fear for you in "the evening."

It is well-known that status quo has to be maintained when a case is in court. There is nothing you can say that can counter this simple principle. Some very big people are breaking the law, that is not a good thing because the law might just decide to take revenge on them.

View pictures of the protest against this injustice in Lagos today. http://saharareporters.com/news-page/photonews-protest-lagos-against-removal-justice-salami

Una dey mind them  
Salami is serving the interests of ACN, CPC even FBI and CIA, maybe NFA and FiFA sef, whatever floats their boat.

maybe CPC is saying Justice Salami is one judge they can trust to deliver fair justice on their case because they believe he is not in the pocket of the PDP Federal Looters.

As a party to a case that will be decided by the appeal court, they will be dumb not to feel concerned especially when their opponents are the ones choosing and firing judges on K-legged allegations.

A judge is bound by duty, law and ethics to be fair. Maybe the CPC believes this Justice Salami is a fair man. Whatever allegations they may have against him, we don't know if they are true or not. In any case, he has filed a case in court challenging the allegations. He filed it before this Suspension, yet they went ahead to suspend.

okada_man:

No Sir.

CPC is saying Justice Salami is one judge they can trust to deliver fair justice on their case because they believe he is not in the pocket of the PDP Federal Looters.

In a country where e.g INEC officials (umpires) serves at the mercy of the president (a contestant ) and his party, what do you expect?

That is like Chelsea appointing and paying a Refree to officiate a premiership match they are playing in. We know what the likely results will be.

Let's stop deceiving ourselves, what we practice is a joke and this President has done little to nothing to end it because it benefits him. That is not the fresh air they promised.

I think you really have no idea of what perjury is, just as naijaking said. A judge cannot fight perjury in the press, otherwise its simply proof that he is tainted by politics. The NJC put him on the seat and the NJC have recommended his suspension until he clears his name.
Why should a judge accused of perjury be president of the appeal court? What would that say about our judiciary and country?

The fact that political parties like ACN and CPC have taken sides in what is not a political matter, only means that they intend to manipulate the judiciary. These are matters of gravity that require the forensic insight of men of the gown, not politicians and business men.

^

He's definitely not fighting in the press, he filed a case in court challlenging the "perjury" Before he was suspended, like many smart Nigerian lawyers have said from Sagay to the NBA, the NJC seems to be violating their own rules.

Even the blind man on the street knows that, this is just the fact.

okada_man:

^

He's definitely not fighting in the press, he filed a case in court challlenging the "perjury" Before he was suspended, like many smart Nigerian lawyers have said from Sagay to the NBA, the NJC seems to be violating their own rules.

My brother, why do you always get into these arguments with a veritable dullard ? Don't you know the highly predictable modus operandi of Beaf? He simply waits for GEJ and the PDP to act , wrong or right, and then automatically supply spurious garbage , however ridiculous, to defend the actions of his paymasters . That the NBA are up in arms about this and threatening to sever links with the NJC is instructive enough for any reasonable and unbiased person.

http://saharareporters.com/news-page/nigeria-bar-association-rejects-actions-njc-justice-salami-asks-members-boycott-katsina-al

Nigeria Bar Association Rejects Actions Of The NJC On Justice Salami, Asks Members To Boycott Katsina-Alu's Swearing Of New SANs
Posted: August 21, 2011 - 18:44
NBA President JB Daudu
By SaharaReporters, New York

Through an address delivered to the NBA pre-onference national executive committee in Port Harcourt, NBA president JB Daudu detailed the flaws in the action taken by the National Judicial Council (NJC) in arriving at its so-called suspension of Justice Ayo Salami and declared it flawed. The content of the address was fully adopted by NEC as the NBA's position pendings it annual conference in Port Harcourt

See full address below:

Address By The President Of The Nigerian Bar Association Joseph Bodunrin Daudu SAN To The Pre-Conference National Executive Committee Meeting Of The Nigerian Bar Association At The House Of Assembly Complex Moscow Road Port Harcourt Rivers State On The 21st Of August 2011

PROTOCOL

National officers of the Nigerian Bar Association, Senior members of the Bar, SAN’s et al, Distinguished members of NBA-NEC, Members of the Media, Ladies and Gentlemen, Good Afternoon.

INTRODUCTION

Our Association’s annual conference kick off today with Registration at the Township School Moscow Road here in Port Harcourt and It has been designed to be a seamless event. I hope your experience there represents an agreeable platform from which to launch this weeklong activity that brings together an estimated 10, 000 legal practitioners in all walks of life and endeavours. This conference comes at a time when the legal profession is reeling from a serious crisis of confidence precipitated not by or within the Bar but by our alter-ego, the Bench. We do not amongst us need to define who members of the Bench are; suffice to say that they are entrusted with the sacred duty of adjudicating disputes between person’s inter-se and between Government and other persons with a view to determining their civil rights and obligations. This hallowed function carries with it onerous obligations requiring of the occupants of such high office certain sterling qualities. The public expect of members of the bench total commitment to the cause of justice. No less commitment is required from members of the bar that present cases for all suitors that go before the bench for Justice. In this regard, lawyers are regarded as ministers (not serfs or plebeians) in the temple of justice. They are equal partners in the constitutional quest to provide justice to the people. Consequently, it is expected that both the Bar and Bench will at all times, particularly in the course of their service to justice protect and uphold the Rule of law, respect and observe due process, exhibit great learning and independence at all stages in the discharge of this sacred function and generally inspire confidence in the Administration of Justice. The result, if the foregoing are scrupulously observed and applied is that the society will be peaceful, secure, progressive and blessed. Such society whose judges offer justice to her people prospers in all ramification be it economic, social or political. The converse is the case for a society with a warped, unreliable and or unpredictable system of justice or which possess a fine system but whose operators are corrupt or unreliable. Either way, the society is worse off for it.

Nigeria operates a system of justice that should ordinarily provide for her people undiluted justice but a good system does not on its own guarantee justice. Its operators must be truthful, honest, sincere, and Spartan in living, they must also be God fearing and exhibit a disdain for any corruptive factor. It follows therefore that at all times those who administer justice must be a shining example for others as it relates to the observance and strict application of the due process of and the rule of law. It is the beginning of the end for a society whose judges exhibit selective preference for the Rule of law, choosing to apply it when it suits them and ad nauseum, rejecting it when their own personal interest is in issue.

The duty of the Bar is no different; it is expected to be knowledgeable, fearless, and truthful. Above all, her members are expected to show total respect for the laws of the land and defend same at any cost. The Bar fails in her duties to the society and the cause of justice where it condones tyranny from any arm of government. Most detestable is judicial tyranny because its effect emasculates the people. It is against this background that I wish to report on certain pressing recent events that have rocked the sanctity of our fledgling democracy. In the course of the issues that I propose to report on or deal with, the reason for this background will be apparent. They include (i) The NJC issue and the report of your members in the NJC; (ii) The NJC’s handling of the face-off between the Chief Justice of Nigeria (CJN) and the President of the Court of Appeal, (iii) The fixing by the CJN of the swearing-in of new Senior Advocates of Nigeria to a date that falls within our annual general conference, (iv) Our own report on the same CJN/PCA face off and on other issues affecting the administration of justice. I shall deal with these issues in seriatim.

REPORT ON THE NATIONAL JUDICIAL COUNCIL

It is essential to commence this report by providing some background information about the National Judicial Council. It is a creature of the 1999 Constitution as amended-see section 153-(i). Its composition and powers are as set out in part (1) of the 3rd schedule to the Constitution. Because of the analysis to be embarked upon later in this address, it is necessary to set out powers and or functions of the NJC or Council (as the National Judicial Council will henceforth be referred to) Paragraph 21 thereof provides thus;

“21. The National Judicial Council shall have power to -
(a) Recommend to the President from among the list of persons submitted to it by -
(i) the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court, and
(ii) the Judicial Service Committee of the Federal Capital Territory, Abuja, persons for appointment to the offices of the Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and the President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja;
(b) recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph and to exercise disciplinary control over such officers;
(c) recommend to the Governors from among the list of persons submitted to it by the State Judicial Service Commissions persons for appointments to the offices of the Chief Judges of the States and Judges of the High Courts of the States, the Grand Kadis and Kadis of the Sharia Courts of Appeal of the States and the Presidents and Judges of the Customary Courts of Appeal of the States;
(d) Recommend to the Governors the removal from the office of the judicial officers in sub-paragraph (c) of this paragraph, and to exercise disciplinary control over such officers.
(e) Collect, control and disburse all moneys, capital and recurrent, for the judiciary;
(f) Advise the President and Governors or any matter pertaining to the judiciary as may be referred to the Council by the President or the Governors;
(g) Appoint, dismiss and exercise disciplinary control over members and staff of the Council;
(h) Control and disburse all monies, capital and recurrent; for the services of the Council; and
(i) Deal with all other matters relating to broad issues of policy and administration.”
Now of all the functions specified above, members of council only participate in and or are only aware of A-D. The rest are presumed to be performed by the Chairman and or staff of Council. The Constitution on the role of lawyers in the NJC provides of paragraph 20 of the Third Schedule thus:
“(i) five members of the Nigerian Bar Association who have been qualified to practice for a period of not less than fifteen years, at least one of whom shall be a Senior Advocate of Nigeria, appointed by the Chief Justice of Nigeria on the recommendation of the National Executive Committee of the Nigerian Bar Association to serve for two years and subject to re-appointment.
Provided that the five members shall sit in the Council only for the purposes of considering the names of persons for appointment to the superior courts of record;”
While it is correct that paragraph 20 quoted above limits the participation in council of legal practitioners; until about 3 weeks ago legal practitioners have always been in attendance at every council session. The rationale for their participation I gather was hinged on the fact that to properly perform their duty as it relates to appointment, they needed to know the disciplinary records of serving judges so that they could be seised of all facts when elevation to appellate courts and appointment as Head of Court are being considered. It was also thought since he who could appoint could also dismiss, the stipulation could purposefully be interpreted to accommodate the participation of legal practitioners at all stages of Council proceedings.
However, about 3 weeks ago, in the middle of proceedings of the CJN/PCA face-off, legal practitioners were required to recuse themselves. The coincidence was inauspicious. From that point the Council continued unabated with the process that has led us to the sad state of affairs that now exists.
SUIT NO FHC/ABJ/CS/723/2011
The plaintiff is the Hon. Justice Isa Ayo Salami President Court of Appeal of Nigeria and the 11 defendants are principally the National Judicial Council and 11 other members of Council excluding of course the representatives of the Bar. The cause of action arises from the disciplinary proceedings in the nature of the report of 2 committees set up by the NJC leading to the meeting of the 18th of August 2011 wherein the PCA’s retirement was purportedly recommended to the President of the Federal Republic of Nigeria. He was also suspended forthwith from the performance of his constitutional and judicial functions.
From undisputed facts available to us, NJC was aware of the pendency of the above law suit. This is clear from the press statement signed by its secretary and published in many national dailies between the 18th and 20th of August 2011. I have it on irrefutable authority that the NJC decided to proceed with their action in the face of pending court proceedings ‘Since the said papers were not signed by any judge to show that it had been properly filed; that no court or date of return was stated on the process; parties that were NJC members were not served and for that reason section 158 of the Constitution applies and that NJC is therefore not subject to the direction of any authority or any person’. I must at this stage reproduce the provisions of section 158 of the 1999 Constitution; it provides thus:
158. (1) In exercising its power to make appointments or to exercise disciplinary control over persons, the Code of Conduct Bureau, the National Judicial Council, the Federal Civil Service Commission, the Federal Judicial Service Commission, the Revenue Mobilisation and Fiscal Commission, the Federal Character Commission, and the Independent National Electoral Commission shall not be subject to the direction or control of any other authority or person.
The question is whether this provision allows the NJC to proceed with the action regardless of the pendency of court proceedings. Is the court here an ‘authority’ or a ‘person’? The relevance of this poser is that if answered in the affirmative then that provision acts as an ouster clause to court intervention to the actions or inaction of the NJC. I will like to say straightaway that Section 158 is not an ouster clause to the powers of the court to intervene and correct any perceived error made by the NJC which has provided a cause of action to the injured party.
Section 6-(1) of the 1999 Constitution provides that ‘The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation’. Subsection 3 also provides that the courts to which this section relates, established by this Constitution for the Federation and for the States, specified in subsection (5) (a) to (1) of this section, shall be the only superior courts of record in Nigeria; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a State, each court shall have all the powers of a superior court of record.
Sub-section 6 of the said section 6 provides that he judicial powers vested in accordance with the foregoing provisions of this section -
Shall extend notwithstanding anything to the contrary in this Constitution, to all inherent powers and sanctions of a court of law
(b) shall extend, to all matters between persons, or between government or authority and to any persons in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person;
The effect of the foregoing is that ‘Courts’ as used in here cannot be equated to ‘persons’ or ‘authority’. If the framers of the Constitution had wanted to exclude courts from interfering in the process of the NJC it would have expressly said so in section 158 of the said Constitution.
Consequently, the matter was clearly sub judice when the NJC proceeded with its actions on the 18th of August 2011. I am recommending to NEC to condemn the actions of the NJC in going into a matter which at that time was and is still before a superior court of record. The judicial reversal of the NJC’s unfortunate and worrisome actions is a matter to be left for the law courts to deal with as they deem fit.
It is a matter of great regret and shame that a judicial organisation of the calibre of the NJC can ride roughshod over the processes of a court of law. The implication for Nigerian judicial process is catastrophic. If not remedied, we are witnessing the slide into anarchy and lawlessness which history will record as having been fired up by the judiciary. (a part of the legal profession) We shall not sit idly by and watch our profession ridiculed and brought into disrepute in the public domain.
I am recommending that the NBA withdraw her members from the NJC pending when appropriate amendment to the Constitution will be made inter alia (i) increasing our membership from 5 to 10, (ii) restructuring membership and functions in such a way as to make the body functional and less prone to dictatorship and abuse of power and (iii) removing any dichotomy that seeks provide levels of membership of the Council, we are either Council members or we are not.
I am further recommending to NEC to advise the President having regard to the uncontroverted fact that a suit was pending when the NJC brazenly took their decision, to decline to proceed further with the matter and to advise NJC to revert to status quo ante. The position of the recommender is subject to the approval or otherwise of the confirming authority.
Finally, I have refrained from touching on the issues that are sub judice. Be it noted that our NBA Okpoko Committee Report is not affected by the pending action in the Federal High Court. I recommend to NEC that we discuss it post-haste and take a decision.
SWEARING-IN CEREMONY FOR THE CONFERMENT OF THE RANK OF SENIOR ADVOCATE OF NIGERIA

I received the CJN’s letter dated the 1st of August 2011 on the above subject matter inviting me to present a speech on behalf of the NBA on the 26th of August 2011 at the swearing-in ceremony which falls within our Annual General Conference taking place at Port Harcourt, Rivers State from the 21st – 26th of August 2011. As you are aware we legal practitioners regard it as a flagship event for the Nigerian Bar. His lordship traditionally chairs the opening ceremony and his official invitation had long been forwarded. I informed his lordship about this sterling event sometime in February this year when I paid him a courtesy visit. I consider the fixing of the swearing in of senior advocates to a date i.e. the 26th of August 2011, which is the date fixed for Conference communiqué, press conference and closing ceremonies as an affront and disrespect to the entire Bar. After all, the new Senior Advocates are members of the Nigerian Bar Association, who ought to be with members of their profession at this point in time. I know as a matter of fact and record that the 19th of September 2011 had earlier been selected as the date for the swearing-in ceremony. It is an appropriate date as it is traditional to swear in new senior advocates at the opening of new legal year and we understand that the said date marks the opening of the 2012 legal year.

There are other factors such as the on-going Ramadan fast, the vacation for the legal profession which ends on the 18th September 2011 which are compelling reasons why the ceremony ought to be shifted. The exercise conducted by Kutigi CJN (Rtd) had the recepients sworn in at the opening of legal year presided over by Katsina-Alu CJN.

I am recommending to NEC the following urgent steps; (i) The Bar shall boycott the ceremony and all her members are advised to stay away including those to be conferred the rank. (ii) Any legal practitioner that at attends the ceremony will not be referred to by member of the NBA with any rank he possesses and if in any NBA body such as the Body of Benchers will lose all privileges and be stripped of membership of any committee or body that the NBA participates in. We advise that the ceremony be shifted to the 19th of September 2011.

CONCLUSION

Gentlemen and ladies of this august body, I have not commented on issues relating to the Conference. It will be taken up at the appropriate stage when Committee Chairmen present their reports. The foregoing matters will naturally come up for debate. Let us be the learned people that we are in the way and manner that we present our arguments. Decorum and decency should be our guiding principles. I wish you an inspiring and exciting conference.

Joseph Bodunrin Daudu SAN
22nd August 2011
Port Harcourt

http://saharareporters.com/press-release/president-jonathan%E2%80%99s-dictatorship-unfolding-cnpp

President Jonathan’s Dictatorship Unfolding-CNPP
Posted: August 22, 2011 - 14:30
Goodluck Jonathan
By Osita Okechukwu

Conference of Nigerian Political Parties {CNPP} regrets that President Goodluck Jonathan’s dictatorship tendency is unfolding too early in the day; for the executive fiat adopted by him in the recommendation of the National Judicial Council is subjudice, arbitrary and meant to frustrate the suit filed by Justice Ayo Salami.

We are at a loss if heaven will fall if President Jonathan had not descended into the arena, assert the age old independence of the judiciary and allow time for the court process to run its full course.

It is our considered view that by descending into the arena, Mr President has not only violated the Constitution; but has exposed his interest in manipulating the Presidential and Governorship Elections Tribunal, where the President of the Court of Appeal is a key actor.

For instance, in the tradition of African Big Men, out of myriads of competing issues single tenure topped his priority, today against rational legal advice from the Nigeria Bar Association, CNPP, Civil Society Organisations and legal experts he choose to descend into the murky arena of the dark cloud hanging over the top echelon of the judiciary.

CNPP is yet to locate the vacancy, which Section 238 he relied on is predicated upon; when Justice Ayo Salami has not resigned as the President of the Court of Appeal and the President cannot adopt the recommendation of a Kangaroo National Judicial Council without the express address of the two-thirds of the Senate, as stipulated in Section 292{!}?

Section 238 is not an ouster clause and cannot be relied upon, when there is no vacancy; therefore Mr President is only exhibiting dictatorship tendency.

Is not paradoxical and a contradiction for President Jonathan, who with executive fait appointed Hon. Justice Dalhatu Adamu as acting President of the Court of Appeal, to in all honesty expect that equity; justice and fairness shall prevail in the circumstance? Who is that Federal Judge who will deliver the case in favour of Justice Ayo Salami, when the Imperial President has taken side?
In sum, as President Jonathan has defied all rational advice not to descend into the murky arena of the judiciary; we consequently, calls on all patriots to brace up for the struggle ahead, for non-violent Mass Action to stop the Dictator on his tracks.

Finally, we salute the Nigeria Bar Association for unlike President Jonathan, avoided the temptation to be dragged into the arena of corrupt judges. History will vindicate the NBA.


Osita Okechukwu
National Publicity Secretary
CNPP

@Gbawe nor mind me I enjoy it sometimes when I'm not busy. Okada work is stressless like that

http://saharareporters.com/news-page/salami%E2%80%99s-suspension-lawyers-boo-agf-adoke-going-nba-conference

Salami’s Suspension: Lawyers Boo AGF Adoke At The On-Going NBA Conference
Posted: August 22, 2011 - 14:17
Protester at the NBA conference today
By SaharaReporters, New York

As President Goodluck Jonathan announced his approval of the controversial decision by the National Judicial Council (NJC) to suspend the President of the Federal Court of Appeal, Justice Ayo Salami, the President of the Nigerian Bar Association (NBA) today in Port-Harcourt, Rivers State, Nigeria, proposed to the members of the Bar that they begin a boycott of the courts until further notice. The boycott is to protest the decision of the NJC on Salami and the approval of the recommendation by the president.

The mood at the on-going National Conference of the NBA, sources at the conference told Saharareporters is “foul,” as members received news of Jonathan’s approval of what described as the “scandalous decision” of the NJC.

The NBA President, J. B. Daudu, told the conference that the NBA would boycott the courts to show its total objection to the controversial decision by the NJC, a council which many believe was acting out the script prepared for it by the outgoing and embattled Chief Justice of the Federation, Justice Katsina-Alu.

After the NBA President spoke today in Port Harcourt, the Attorney-General of the Federation, Mohammed Bello Adoke, took the floor. The audience booed him. Adoke gave what many lawyers regarded as a “shameful” speech, which attracted their contempt. Adoke, who is becoming as embarrassing to the office of the AGF, just like his predecessor, Michael Aondoakaa, attempted to provide justification for the unnecessary crisis instigated by the CJN who was accused by Salami of allegedly interfering with the process of dispensing justice.

The NBA will debate and adopt Dauda’s proposal for the boycott on Thursday. Sources at the conference disclosed that the proposal would be unanimously adopted by the affronted bar. Some lawyers at the conference told Sahareporters that some judges have already indicated their preparedness to support the proposed action of the bar, so as to protect the judiciary from the “unprecedented abasement, which the outgoing Justice Katsina-Alu is prepared to throw the bench before he vacates office.”

okada_man:

He's definitely not fighting in the press, he filed a case in court challlenging the "perjury" Before he was suspended, like many smart Nigerian lawyers have said from Sagay to the NBA, the NJC seems to be violating their own rules.

Lawyers will have their differences, its normal. Salami cannot keep sitting as president of the Court of Appeal, while strong allegations of perjury, bribery and bias hang around his neck. The best decision has been made, which is that he steps aside until his court cases are settled. That's the only responsible thing to do. Why is he so desperate as if there is something to hide? He has not been sacked and his salary is not stopping.

The thing the President cannot allow is for the judiciary to sink to laughable lows, so he has acted strongly to stem it immediately.
This nonsense has been festering for sometime and needs to be checked; the judiciary is not the bedroom for politicians and businessmen and there is no reason why its senior leaders should be quarrelling in public. It had to end, and so it has.

U are right my brother cos many of them no nothing about the rule of law,  just bragging for nothing sake.
The constitution is there for everybody to see, I look for a time when a revolution we happen in Nigeria.Time we tell for these of fair justice,

okada_man:

@Gbawe nor mind me I enjoy it sometimes when I'm not busy. Okada work is stressless like that  

My brother, carry go O jare . I understand where you are coming from. Beaf , as the sole voice of sycophancy and hypocrisy , can be great comic relief to dismiss boredom . It is impossible not to be entertained by a  clown who is always in opposition to decency, upright leadership, respect for the rule of law and the principles that must underpin the strengthening of our institution.

We were all alive last year when GEJ, as the C-in-C , ignored the illegal impeachment in Ogun State where the minority (9 lawmakers) impeached the majority i.e 15 lawmakers !!! The clown (Beaf) spoke in automatic defense of GEJ back then also.  I have no doubt that Jonathan , today, acts out of self-interest as was the case back when , as per the need to win an election, he ignored the legislative gangsterism of his South West campaign coordinator Gbenga Daniel. Nothing we are seeing now should surprise anyone. GEJ is here to lead for the "owners of Nigeria" like Katsina Alu. This is why all the AGIPs and ruinous hands who have destroyed Nigeria are firmly behind GEJ.  I am watching the updates of Ghadaffi's fall from grace right now and wishing it was Nigeria experiencing this glorious day.

the crux of the matter: did salami lie against katsina-alu?

That Question is yet to be answered. But what the NJC is saying is that he lied

careytommy:

the crux of the matter: did salami lie against katsina-alu?

Yet to be answered but it seems JUDGEMENT has already been passed.

Beaf:

Lawyers will have their differences, its normal. Salami cannot keep sitting as president of the Court of Appeal, while strong allegations of perjury, bribery and bias hang around his neck. The best decision has been made, which is that he steps aside until his court cases are settled. That's the only responsible thing to do. Why is he so desperate as if there is something to hide? He has not been sacked and his salary is not stopping.

The thing the President cannot allow is for the judiciary to sink to laughable lows, so he has acted strongly to stem it immediately.
This nonsense has been festering for sometime and needs to be checked; the judiciary is not the bedroom for politicians and businessmen and there is no reason why its senior leaders should be quarrelling in public. It had to end, and so it has.

Unfortunately it has not ended and it cannot end like that.

Remember Justice Ayo Salami made allegations of Tsunami proportions against Chief Justice Katsina Alu?

Salami alleged that Alu tried to manipulate the Sokoto election decision, he intimidated Justice Salami and tried to force him off the case, he even invoked a concern for the Sultan of Sokoto's preference (probably a lie to curry favor)

Beaf, those are grave allegations made against the chief Justice of The Supreme Court of the Federal Republic of Nigeria Katsina Alu, by the Appeal court chief Justice Ayo Salami.

They should have been suspended together, Based on your argument.

Going by your logic and noble sounding conclusions I guess it will only be fair that the chief Justice be suspended also, he is not above the law afterall and the constitution made provisions for how to deal with that, right?

It is the height of un-fairness for the Chief justice and his kangaroo NJC panel to become a Prosecutor and defendant in his own case. You only need to take one minute of fair-mindedness to see the Injustice of this whole issue.

Gbawe:

My brother, carry go O jare . I understand where you are coming from. Beaf , as the sole voice of sycophancy and hypocrisy , can be great comic relief to dismiss boredom . It is impossible not to be entertained by a  clown who is always in opposition to decency, upright leadership, respect for the rule of law and the principles that must underpin the strengthening of our institution.

We were all alive last year when GEJ, as the C-in-C , ignored the illegal impeachment in Ogun State where the minority (9 lawmakers) impeached the majority i.e 15 lawmakers !!! The clown (Beaf) spoke in automatic defense of GEJ back then also.  I have no doubt that Jonathan , today, acts out of self-interest as was the case back when , as per the need to win an election, he ignored the legislative gangsterism of his South West campaign coordinator Gbenga Daniel. Nothing we are seeing now should surprise anyone. GEJ is here to lead for the "owners of Nigeria" like Katsina Alu. This is why all the AGIPs and ruinous hands who have destroyed Nigeria are firmly behind GEJ.  I am watching the updates of Ghadaffi's fall from grace right now and wishing it was Nigeria experiencing this glorious day.

All emotional parf. None of the above has anything to do with why Salami has been asked to clear his name before resuming his seat.

Beaf, Beaf, Beaf!!! You will kill yourself o!
All you do is disgrace yourself because you cannot engage in a logical argument. It always has to plumb gutter lows.
If my argument is too intelligent for you, learn to apply logic to help yourself.

The law has followed its cause, and it is useless fighting legal battles in the press. The decision has been taken for probity and the sake of the countries image; it will not be reversed no matter the noise from politicians and business men. It is a judicial matter.

Don't you people ever get tired. I really find it astonishing that you do the same thing day after day in the full knowledge that it remains fantasy cos the Nigerian people are not listening to you.
These your views and attitudes should have died of irrelevance long ago.

okada_man:

Unfortunately it has not ended and it cannot end like that.

Remember Justice Ayo Salami made allegations of Tsunami proportions against Chief Justice Katsina Alu?

Salami alleged that Alu tried to manipulate the Sokoto election decision, he intimidated Justice Salami and tried to force him off the case, he even invoked a concern for the Sultan of Sokoto's preference (probably a lie to curry favor)

Beaf, those are grave allegations made against the chief Justice of the Federal Republic of Nigeria Katsina Alu, by his Appeal court chief Justice Ayo Salami.

They should have been suspended together, Based on your argument.

Going by your logic and noble sounding conclusions I guess it will only be fair that the chief Justice be suspended also, he is not above the law afterall and the constitution made provisions for how to deal with that, right?

It is the height of un-fairness for the Chief justice and his kangaroo NJC panel to become a Prosecutor and defendant in his own case. You only need to take one minute of fair-mindedness to see the Injustice of this whole issue.

History has a way of showing up a mans habits. Salami made grave allegations against Katsina-Alu. . .guess where? In the press!
When it seemed that people found that ridiculous, he made a show of going to court and then being talked out of it by eminent Nigerians! Not by lawyers, not by the judge, not by the NBA. Who are these eminent Nigerians? It would be very interesting indeed to find out.

We should not take sides in matters like this, but let due process take its cause.

A lot of useless papers get written everyday from simple news articles to heavy research work, many will forever lie I'm dust. But for a lot of the writers, the joy of doing it cannot be ignored.

There was a time in this country when it was dangerous to talk, dangerous to challenge and little means existed to vent your frustrations and concerns, now IT and the information age gave uis that outlet,( thank you Seun Osewa) why not use it?

A lot of us comment for ourselves just like you do, those who will benefit, will. Those who won't, won't. It should not stop us from expressing ourselves.

Please everybody write on! Till you get tired! Na you get your finger and bandwidth.