Suspended President of the Court of Appeal, Justice Ayo Salami
| credits: File copy
National Judicial Council on Tuesday told an Abuja Federal High Court that President Goodluck Jonathan had no powers under the law to play a role in the reinstatement of the suspended President, Court of Appeal, Justice Ayo Salami.
The NJC told the court that rather than Jonathan, the exclusive powers to recall Salami was vested in it.
Following its decision to recall the suspended PCA, the NJC had reportedly forwarded a letter recommending Salami’s reinstatement to the President, but Jonathan refused to act on the recommendation, as a result of the Attorney General of the Federation and Minister of Justice, Mr. Bello Adoke’s advice that the matter was sub judice.
In its written address in response to a suit instituted by 11 human rights activists against Jonathan and Salami’s continued suspension, the NJC agreed with the plaintiffs that the President had no role to play in the recall of the suspended PCA.
Jonathan, the AGF, NJC, Salami and the Acting PCA, Justice Dalhatu Adamu, were listed as the defendants in the suit filed on behalf of the activists by Mr. Jitobo Akanike.
The NJC’s written address, dated October 2, 2012, was filed by its counsel, Mr. Usman Isah.
The plaintiffs had asked the court to determine whether Jonathan had the powers to recall Salami, and also, whether he (Jonathan) can reappoint Adamu as acting PCA after the expiration of three months without the recommendation of the NJC.
The NJC agreed with the plaintiffs on both issues, maintaining that Jonathan had no powers under the law to recall Salami, and that Adamu’s continued stay in office as acting PCA was illegal.
“By virtue of the combined provisions of sections 153, 158 (1), of the Constitution, and the NJC’s power to exercise disciplinary control over judicial officers contained in paragraph 21 (1) of the part 1, third schedule of the Constitution, the NJC is clothed with the power to suspend and recall the 4th defendant (Salami) without any recourse to the President (the 1st defendant),” the NJC argued.
The council added, “We submit that by virtue of section 238 (5) of the Constitution, the 5th defendant (Acting PCA) cannot be reappointed after the expiration of three months without the recommendation of the 3rd defendant (NJC), as such the continued stay in office by the 5th defendant is unconstitutional and illegal.”
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Source : punchng[dot]com
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