President Goodluck Jonathan
 brushed aside recommendations from the National Judicial Council and 
the Chief Justice of Nigeria to sack former Appeal Court president, Ayo 
Salami, ignoring firm arguments by the two authorities that Mr. Salami 
was innocent of allegations against him.
The two authorities are mandated by law to advise the president on such judiciary matters.
The government accused Mr. Salami of 
professional misconduct, but he is widely believed to have been punished
 for political reasons.
A letter to the president by former Chief Justice of the Federation, CJN, Dahiru Musdapher, obtained by PREMIUM TIMES,
 shows how the top echelon of the nation’s judiciary laboured to have 
President Jonathan realize Mr. Salami’s innocence in his dispute with 
Mr. Musdapher’s predecessor, Aloysius Katsina-Alu; and how they advised 
that punishing Mr. Salami would terribly dent an already 
integrity-deficient judiciary.
In the four-page letter, dated January 
27, 2012,  Mr. Musdapher informed the president how a committee he named
 to review Mr. Salami’s suspension in 2011 absolved him, and made it 
extensively clear why ensuring justice on the case- by reinstating Mr. 
Salami- was crucial for a judiciary bereft of public confidence.
 “Your Excellency, this report is not only before the National Judicial Council,
 it is also at the court of public opinion,” Mr. Musdapher said of the 
findings of the review committee. “And Mr. President will agree with me 
that this recommendation no doubt should challenge our commitment to the
 redemption of the image and credibility of the judiciary.”
Mr. Musdapher told the president that 
the committee, led by another former Chief Justice of Nigeria, Mohammed 
Uwais, found Mr. Salami not guilty of any of the misconducts he was 
accused of, and recommended his immediate reinstatement.
“There was no evidence before any of the
 National Judicial Council panels or in any of the petitions to justify 
any findings that Salami PCA contravened the code of conduct for 
judicial officers by talking to the mass media,” he said in his etter to
 the president. “…On the whole, there was no evidence to show any form 
of misconduct on the part of Salami PCA to justify any sanction or 
punishment.”
The committee, Mr. Musdapher informed 
Mr. Jonathan, also recommended that “…in order to maintain the integrity
 of the judiciary and to assuage public feeling and restore confidence 
in both the bar and bench, this committee strongly advises the Chief 
Justice of Nigeria and National Judicial Council to reconsider its 
earlier decision on the suspension of Justice Salami PCA and reinstate 
him back to his position as soon as possible and in that way assure the 
public that the suspension of Justice Salami as the President of the 
Court of Appeal is not ill motivated.”
The former Chief Justice’s letter to the
 president came ahead of an official recommendation by the National 
Judicial Council, that Mr. Salami be recalled.
Both calls were rejected by the president.
Mr. Jonathan’s firm refusal to reinstate
 the judge, who finally retired October 2013, spurred widespread 
allegations that the president’s decision was politically-motivated 
beyond the professional breach the government claimed as its reason for 
suspending him. Mr. Musdapher’s letter appears to back that claim.
Justice Salami’s suspension in 2011 was 
linked partially to his refusal to be elevated to the Supreme Court. 
More specifically, he was punished for speaking to the media and 
accusing Mr. Katsina-Alu, who was CJN at the time, of attempting to 
interfere in the Sokoto state’s governorship election case that was 
before the Appeal court.
He was suspended by the NJC for refusing to apologize to Mr. Katsina-Alu.
Mr. Salami’s case became a sore point 
for political outfoxing between the governing Peoples Democratic Party, 
PDP, and the defunct opposition Action Congress of Nigeria, ACN (now All
 Peoples Congress, APC).
The PDP accused the former judge of 
working for the ACN, hobnobbing with its leaders and dispensing 
judgments deliberately skewed in favour of the party. Mr. Salami had 
presided over the Court of Appeal’s upturning of governorship elections 
in Osun, Ekiti and Edo States, decisions he based on evidences showing 
that the sacked PDP governors in those states were beneficiaries of 
rigged elections.
The PDP said there was evidence of telephone calls between leaders of the ACN, and the judge.
While the ACN, now APC, spoke in defence
 of Mr. Salami, the ruling PDP, President Jonathan’s party, backed Mr. 
Katsina-Alu with a spokesperson for the party, Olisa Metuh, recently 
accusing Mr. Salami of lying against the former CJN.
Reflective of the political tinge of the
 controversy, Mr. Salami was suspended August 18, 2011, just as the 
Court of Appeal was hearing a suit brought by the presidential candidate
 of the defunct Congress for Progressive Change, CPC, Muhammadu Buhari, 
against President Jonathan’s election.
Mr. Salami’s suspension was approved by the president even while the matter had gone before a court.
After Mr. Katsina-Alu left office, his 
successor, Mr. Musdapher ordered a review of the case. The Uwais panel 
found Mr. Salami not guilty, and rather, it criticized Mr. Katsina-Alu 
in his capacity as CJN then.
Mr. Musdapher’s letter provides an 
insight into how President Jonathan turned down recommendations for Mr. 
Salami’s recall, rebuffing detailed presentation from the Chief Justice,
 and the NJC. The NJC is mandated by the constitution to advise the 
president on such matters.
In his letter, Mr. Musdapher warned that
 the judiciary was already suffering a damning public opinion deficit 
nurtured by perceived impunity and corruption, and that the Salami case,
 if not well addressed, could only exacerbate that perception.
“And Your Excellency would agree that it
 is judicial schisms of this nature, and not necessarily the paucity of 
administrative or judicial infrastructure, that overstretch the ethical 
and moral fiber of our judiciary, robbing it inevitably of the 
confidence of the public.”
On May 10, 2012, five months after the 
letter was delivered to the president, the NJC officially voted 10 to 8,
 in favour of recalling Mr. Salami eight months after he was suspended.
At the time, judiciary officials who 
spoke to PREMIUM TIMES said the plan was for the former Appeal Court 
president to be reinstated and made to serve three months before 
retirement as his case had severely polarised the ranks of the 
judiciary.
Weeks later, the Attorney General and Minister of Justice, Mohammed Adoke,
 said Mr. Jonathan would not act since the matter was already in court, 
again raising eyebrow since the same government approved Mr. Salami’s 
suspension even while a court was considering the case. Mr. Musdapher 
noted that point in his letter.
“Firstly, the National Judicial Council,
 NJC, took action on the matter when it was subjudice,” he said. 
“Normally we do not take decisions on matters before us which are 
pending before the court.”
Throughout the episode, opposition 
leaders accused the president of being pressured by PDP officials not to
 heed the recommendation of the NJC.
That concern grew after an Abuja-based 
lawyer, Amobi Nzelu representing one Wilfred Okoli, rushed to the 
Federal High Court in Abuja, shortly after the NJC’s recommendation, 
asking the court to restrain the president from accepting them, because 
the “recommendations were not binding”.
Mr. Nzelu, who became known after 
handling the infamous Apo six killings of 2006, said while the NJC had 
powers to recommend the removal of the President of the Court of Appeal,
 it lacked power to recommend his reinstatement.
Curiously, officials of the federal government circulated his court papers to the media.
Source: Premium Time 
 

 
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