The President of the Court of Appeal, Justice Isa Salami, has discontinued a suit he filed at the Federal High Court, Abuja against the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu, and others, challenging the propriety of his elevation to the Supreme Court.
In a notice of discontinuance of the suit filed by one of his lawyers, Mr. Lateef Fagbemi (SAN), and obtained by our correspondent on Tuesday in Abuja, Salami said, “Following the intervention of well meaning Nigerians and stakeholders in the justice sector, I hereby apply to discontinue this suit.”
In the suit, he had also named the National Judicial Council, the Federal Judicial Service Commission and the Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke (SAN), as co-defendants.
With the said notice of discontinuance, the case may be struck out today on Wednesday (today) by Justice Adamu Bello.
Although the reasons for the withdrawal of the suit were not clear, a member of Salami’s legal team told THE PUNCH that the development followed “the rapid progress made by the panel set up by the NJC to reconcile the two judicial heavyweights.”
One of Salami’s lawyers, Prof. Itse Sagay (SAN), confirmed the withdrawal of the suit to our correspondent.
Sagay said, “Yes, the case has been withdrawn. Justice Salami went to court in respect of the planned promotion. Since the promotion has been stopped, continuing the case would be an abuse of court process.”
But a Lagos-based lawyer, Mr. Femi Falana, has stated that he will not withdraw the suit he filed in court over the same matter.
Falana’s lawyer, Mr. Bamidele Aturu, told our correspondent on Tuesday that his client would not withdraw the suit in the public interest.
Aturu said, “Mr. Falana is not withdrawing his action; the allegations made by Justice Salami compel us to continue with our own action so that nothing will be swept under the carpet.
“We knew that sooner or later, there would be reconciliation. But what happens to the public interest? That is our concern and that is why we are not considering withdrawing now.”
The Appeal Court President had in a February 4, 2011 letter to the CJN titled, ‘Offer of appointment to Supreme Court - Rejection,’ stated, “The present unholy move to push me out of the Court of Appeal for whatever reason has no precedence in our judicial history. I do not, therefore, think it will be fair for the CJN to seek to create a dangerous precedent which may give rise to chain reactions.”
In the suit, he specifically alleged that the CJN asked him to compromise the verdict of the Court of Appeal on the protracted Sokoto State governorship tussle by either disbanding the original panel, which the CJN believed was about to give a verdict against Governor Aliyu Wamako’s interest, or direct the panel to give judgment in his favour.
Salami had in an affidavit personally deposed to by him averred that since he ignoredthe request, the CJN has been at loggerheads with him and had been preoccupied with a plot to unseat him as the president of the appellate court.
Describing his purported elevation as ‘Greek Gift’, the plaintiff accused the CJN of plotting to remove him in order to plant a stooge.
Falana had also asked a Federal High Court in Abuja to restrain the NJC and the FJSC from recommending the elevation of Justice Salami to the Supreme Court, saying it contravened the principle of Federal Character.
The plaintiff had specifically wanted the court to declare the planned removal of Justice Salami as unconstitutional, unlawful and a contravention of Section 292 of the 1999 Constitution, given his rejection of the offer.
In the suit number FHC/ABJ/CS/1145/2011, the plaintiff is also asking the court to declare that the purported advice of the second defendant (FCSC) to the first defendant (NJC) to nominate or recommend Justice Salami for elevation violates Section 4 of the Federal Character Commission (Establishment) Act Cap F7, Laws of the Federation of Nigeria 2004.
On February 9, the NJC suspended the plan to elevate Salami after an emergency meeting in Abuja. The next day, the Secretary of the NJC, Mr. Danladi Halilu, said in a statement that the council had absolved the CJN of any wrongdoing.
The statement also said the NJC had recommended to President Goodluck Jonathan that three justices of the Court of Appeal, Justices Mary Peter-Odili, Sylvanus Ngwali Ngwuta and Olu Ariwoola, should be elevated to the Supreme Court while Justice Ibrahim Auta should be succeed Justice Dan Abutu, who will retire on March 31, 2011.
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