ECOWAS Court Urged To Reinstate Justice Ayo Salami

Adetokunbo Mumuni/SERAP

Following the withdrawal of its earlier suit from the Federal High Court, the Socio-Economic Rights and Accountability Project (SERAP) have dragged the Federal Government to the ECOWAS Court of Justice in Abuja over alleged “unlawful suspension of Justice Ayo Salami as President of the Court of Appeal (PCA) by President Goodluck Jonathan.”

The organization discontinued the High Court suit, and then immediately instituted this case before the ECOWAS Court.

The suit number ECW/CCJ/APP/26/11 was filed on Thursday 1st September 2011 on behalf of the organization by its executive director, Adetokunbo Mumuni.

The suit was brought pursuant to the ECOWAS Protocol on Democracy and Good Governance; the African Charter on Human and Peoples’ Rights; the African Charter on Democracy, Elections, and Governance, and the International Covenant on Civil and Political Rights.

SERAP is alleging violation of “the internationally recognized human rights to due process of law; to access to justice and judicial independence; to the rule of law and good governance; to a fair hearing, and to an effective remedy in the suspension of Honourable Justice Ayo Salami, as President Court of Appeal (PCA) by the Defendant while his case is pending in court.”

SERAP is also contending that “the Defendant’s action violates the provisions of Section 292 (1)
of the 1999 Nigerian Constitution, which requires that any exercise of power to suspend
President of the Court of Appeal should be supported by two-thirds majority of the Senate. This
requirement was not fulfilled in this case.”

“Unless the reliefs sought herein are granted, the Defendant will continue to be in breach of the Nigerian Constitution and Nigeria’s international human rights obligations and commitment”, SERAP further argued.

SERAP is seeking the following reliefs from the ECOWAS Court:

A DECLARATION that the suspension of Honourable Justice Ayo Salami, as President Court of Appeal (PCA) by the Defendant without due process of law, is null, void and unconstitutional as it violates his right to a fair hearing guaranteed by Section 36 of the 1999 Constitution (as amended) and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A9) Laws of the Federation of Nigeria, 2004, and Article 14 the International Covenant on Civil and Political Rights to which Nigeria is a state party.

A DECLARATION that the suspension of Honourable Justice Ayo Salami, as President Court of Appeal (PCA) by the Defendant while his case is pending in court is null, void and unconstitutional as it undermines the independence, integrity and authority of the courts, and therefore violates the provisions of Sections 6 and 158 of the 1999 Constitution (as amended) and Article 26 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A9) Laws of the Federation of Nigeria, 2004, Article 1 of the ECOWAS Protocol on Democracy and Good Governance; and Articles 3 and 14 the International Covenant on Civil and Political Rights to which Nigeria is a state party.

A DECLARATION that the suspension of Honourable Justice Ayo Salami, as President Court of Appeal (PCA) by the Defendant while his case is pending in court constitutes a denial of access to justice and an effective remedy, as guaranteed by Section 36 of the 1999 Constitution (as amended) and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A9) Laws of the Federation of Nigeria, 2004, and the International Covenant on Civil and Political Rights to which Nigeria is a state party.

AN ORDER mandating the Defendant to reinstate Justice Ayo Salami as President of the Court of Appeal forthwith

AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant whether by itself and/or its agents from further interfering in the judicial process and the rule of law in any manner in Nigeria whatsoever and howsoever. 

No date has been fixed for the hearing of the suit.

 

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HlwuZNdogdcmpP

I tohhugt I'd have to read a book for a discovery like this!

AsdEECpOKvcGGxwZSNh

Haha. I woke up down today. You've cheeerd me up!

what concern a layman

We are all deceiving each other. The issue of court legality be left for the court and lawyers. What concern myself and you is fairness, justice and good decision. Let leave alone politics, let look for way to move Nigeria forward. Niger is sleeping while other part of the world making progress. Nigerian wake up!!!

Philipaizo- you are a fool

Dear ignorant Philipaizo, I think you are a fool to speak in the manner you have spoken. In as much as you are entitled to your opinion but your statement is not constructive in any manner and that is what truly makes you a fool.

Sorry for you Mr Mohammed!

@Tunde Mohammed: There are a lot of ignorant, foolish and naive people in Nigeria. You are their President, I am sorry to say. Radical people fight what they perceive as injustice and stand against abuse of legal processes. In fact, the only way forward for a country hoping to develop and make progress is for people of conscience to stand against arbitrary and clearly unjustifiable decision-making by those in power. If you didn't know that, why are you commenting? You are displaying your ignorance.

whats is ya own

sahara reporters whats is ya interest in salami case. he sold out democracy and you are supporting him abi una collect money?

ECOWAS is Economic Community

ECOWAS is Economic Community of West African States, and it court can only adjucate on trade issues involving individual,organisations within it members. Be educated please.

Thank Mr.Afadameh.Most of the

Thank Mr.Afadameh.Most of the commentators are on a political lines, they refused that understand that ECOWAS is a trade organisation and that non of it agency has the right to litigate on members internal constitutional issues, the supreme court of Nigeria has the final say on the issue at hand, SERAP asking ECOWAS to interprete or resolve Nigeria constitutional crisis is very unfortunate. Salami case is before a competent court, and his suspension has nothing to do with the issue before the court. Salami refused to wait for the court decision in a case challnging his competence to constitute election tribunal. Why should the NJC and President refuse to perform their constitutional obligations?

Somebody shd tell this Tunde whatever to shut up!!

Tunde, I am not sure this is your real name...but NO MATTER...the more you talk the more you make a big fool of yourself... On serap locus I beg u to go read the niger case on slavery....and even the free education case, which any informed nigerian shd know...says that serap has got a locus. Sorry tunde...u have embarassed yourself enough...just shut up..FOREVER!!!!!!!!!!!!!!!!!!!!

Somebody shd tell this Tunde whatever to shut up!!

Tunde, I am not sure this is your real name...but NO MATTER...the more you talk the more you make a big fool of yourself... On serap locus I beg u to go read the niger case on slavery....and even the free education case, which any informed nigerian shd know...says that serap has got a locus. Sorry tunde...u have embarassed yourself enough...just shut up..FOREVER!!!!!!!!!!!!!!!!!!!!

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Defending the Government Action

In a tone of acknowledgement of the controversy surrounding the controversial suspension of the Justice Salami’s by a 7-manquorum out of 24 NJC members, the release further stated, “ Consequently, President Jonathan, in exercise of the powers conferred on him by Section 238 (4) of the 1999 Constitution of the Federal Republic of Nigeria as amended, has approved the acting appointment of Hon. Justice Dalhatu Adamu to perform the functions of the office of the President of the Court of Appeal pending when all issues relating to the office of the President of the Court of Appeal are resolved.” courtesy 'Sahara Report' The President so acted because the NJC is the highest and avatar of Law in Nigeria, the president has no option but to obey to save further tumoil, however, the president should not be ashame to revert his decision after facts have started emerging.

FOOLS!

Poor Tunde! You are really very ignorant of the law and still persists on abusing others. Please check your information very well before typing!

You are wrong!

There is no requirement for exhaustion of local remedies before an aggrieved individual can take his case to the ECOWAS court on human rights violations.

ECOWAS COURT

@ Tunde Mohammed - Article 9 of the Supplementary Protocol of ECOWAS relating to the Community Court of Justice states at section 4 that ‘The Court has jurisdiction to determine case of violation of human rights that occur in any Member State’ and Article 10 on ‘Access to the Court’ states that ‘Access to the court is open to the following: (d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: (i) Not be anonymous; nor (ii) Be made whilst the same matter has been instituted before another international court for adjudication...’ The issue at stake is whether SERAP has ‘locus standi’ to bring the matter to the court?

ECOWAS COURT IS THE BEST

ECOWAS COURT IS THE BEST PLACE TO SEEK REDRESS NOW. THE BEST WAY TO DESTROY ECOWAS IS FOR THE FEDERAL GOVERNMENT TO DISOBEY ITS JUDGEMENTS TOO.
THAT WAY, ALL OTHER AFRICAN NATIONS WILL TOTALLY DISRESPECT US.

From what the so called tunde

From what the so called tunde has finished ranting he only wants us to know he did not study in Nigeria, and that makes he thick!
ODEEE!

@Damocles Primitive as you

@Damocles

Primitive as you may sound, there does doesn't seem any other way forward for Nigeria, as a country and black people as a race , if these Vultures and parasites are not assisinated.. Babangida, OBJ, Anenih.. you know them all

SERAP PLS DONT PUSH IT TOO FAR

While i acknowledge the work SERAP is doing, i think they are beginning to push it too far. The ECOWAS court was not created to be an appeal court. Lets not abuse the court to the extent that it loses its legitimacy and credibility. If the government is in breach of its constitution, the proper court would be the Nigerian courts. It is for this reason that we have the requirement of exhaustion of local remedies.
Lets not turn the ECOWAS court into a human rights court only. SERAP please litigate trade issues before the ECOWAS Court and leave constitutional matters to the Nigerian courts.

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Tunde Mohammed or whatever u called yourself

Tunde Mohammed or whatever u called your self; u are a fake; and complete illiterate. Just listen to yourself. Nigeria has signed all ecowas documents, and u are asking why going to the ecowas court. Why not? especially since the govt has not lived up to its responsibility in the salami case. If u are not fully informed on what to contribute, just shut up rather than embarrassing yourself in the public. Olori eja!!!!!!! I support the case 100%

Tunde Mohammed or whatever u called yourself

Tunde Mohammed or whatever u called your self; u are a fake; and complete illiterate. Just listen to yourself. Nigeria has signed all ecowas documents, and u are asking why going to the ecowas court. Why not? especially since the govt has not lived up to its responsibility in the salami case. If u are not fully informed on what to contribute, just shut up rather than embarrassing yourself in the public. Olori eja!!!!!!! I support the case 100%

Tunde Mohammed or whatever u called yourself

Tunde Mohammed or whatever u called your self; u are a fake; and complete illiterate. Just listen to yourself. Nigeria has signed all ecowas documents, and u are asking why going to the ecowas court. Why not? especially since the govt has not lived up to its responsibility in the salami case. If u are not fully informed on what to contribute, just shut up rather than publicly embarrassing yourself in the public. Olori eja!!!!!!! I support the case 100%

Tunde Mohammed or whatever u called yourself

Tunde Mohammed or whatever u called your self; u are a fake; and complete illiterate. Just listen to yourself. Nigeria has signed all ecowas documents, and u are asking why going to the ecowas court. Why not? especially since the govt has not lived up to its responsibility in the salami case. If u are not fully informed on what to contribute, just shut up rather than publicly embarrassing yourself in the public. Olori eja!!!!!!! I support the case 100%

This is becoming more

This is becoming more iinteresting by the day. This Salami guy must have done a lot of favors especially for the opposition elements in Nigeria. The ACN going out of its way to organize protest to the Lagos State Govt. house etc. Something is fishy here. This Salami guy must have been a very 'useful' appeal court judge. Enough of this nonsense. We are fed up with this stupidity.

Foolish Tunde Mohammed; Mumuni is doing what idiots like u would

Foolish Tunde Mohammed .... does the constitution of Nigeria permit NJC to reject court summons ? Does the consitution of Nigeria permit any panel to rule on a case of perjury ? (that is if u know wt perjury means anyway). Does the consitution of Nigeria permit the President of Nigeria to act on a matter before a court of law ?

This is what you get; anarchy when iiilerates and artisans like you comment on a purely legal issue.

Mumuni and co have done what you "idiots being ruled by fools" would not do; take the matter before a court.

And why do u have a problem with the matter going before a court ?

What is this MUMUNI and his

What is this MUMUNI and his bounch of fools trying to do? They do better go and look for a farmland to cultivate to at least contribute to the growth of Nigeria. Are they asking the ECOWAS court to declare the constitution of Nigeria illegal? This story further shows the illiterate level of Nigeria education system, you can tell these people acquired certificates through back doors

This is getting interesting!!!!!

This case is interesting...may be the ecowas court will put them under pressure and make the govt do the right thing if only to save the judiciary from further embarrassment

The SERAP are group of

The SERAP are group of jobless people and political hawkers. What has the ECOWAS court get to with the constitution of Nigeria? The NJC has the legal right to discpline it erring members and employees. Salami submitted to the probe panel and was given all the opportunity to present his case and defend himself. GEJ acted in compliance with the constitution of Nigeria. What are these foolish people talking about?

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