By Ikechukwu Nnochiri
ABUJA — President Goodluck Jonathan, yesterday, joined the National
Judicial Council, NJC, to urge a Federal High Court sitting in Abuja to
dismiss a suit filed against the embattled President of the Court of
Appeal, Justice Isa Ayo Salami, by former Governor of Osun State, Prince
Olagunsoye Oyinlola.
In separate preliminary objections they entered against the suit
yesterday, President Jonathan and the NJC implored the court to strike
out the case for want of merit, insisting that Oyinlola was bereft of
the requisite locus-standi to institute an action with a view to
ensuring that Salami remained on perpetual suspension.
In a joint counter-affidavit of seven paragraphs accompanied with a
written address dated November 12, Jonathan and the Attorney General of
the Federation, Mohammed Adoke, branded Oyinlola’s suit as “premature”,
saying it constitutes a deliberate abuse of court process.
Likewise, the NJC, in its counter-affidavit of 44 paragraphs, dated
June 19 and deposed to by its Deputy Director of Information, Mr Soji
Oye, told the court that “the suit and the pervious suits filed on the
same subject by the plaintiff herein and his associates, is in extension
of the grudge and grievances arising from the nullification of his
election by the Governorship Election Appeal Tribunal in November 2010,
hence the suits are mischievous and a witch-hunt against a judicial
officer carrying out his judicial function.”
Besides, NJC, told the court that the suspension of Justice Salami
was not based on the petitions written against him by the plaintiff,
but on some other controversies altogether involving the retired Chief
Justice of Nigeria, CJN, Justice Aloysius Katsina-Alu, adding that, “the
recommendation to retire Justice Isa Ayo Salami was never acted upon at
all.”
After listening to the parties, Justice Abdul Kafarati adjourned the case till January 24, 2013, for ruling.
It would be recalled that the NJC had on August 18, 2011, ordered
Justice Salami to proceed on an indefinite suspension, maintaining that
two separate committees it set-up to probe into an uncanny feud that had
ensued between the PCA and former CJN, Katsina-Alu, found him guilty of
engaging in “judicial misconduct” and “lying on oath.”
Salami was accused of lying in an affidavit he personally deposed
before the same high court, when he alleged that Katsina-Alu, had
mounted pressure on him to compromise standard in a Governorship
Election matter involvingSokotoState.
However, the NJC had since made a U-turn by okaying his return to
office, though it is yet to formally order him to resume duties.
Remarkably, despite the fact that the council yesterday told the high
court that it has re-instated the embattled PCA, however, it had on
November 22, appointed Justice Zainab Bukachua to take over the affairs
of the appellate court.
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