The National Judicial Commission (NJC) has been in the news recently over their investigation of allegations and accusations of corruption, undue influence and the ‘Greek gift’ alleged to have been offered the President of the Court of Appeal (PCA), Justice Ayo Salami by the Chief Justice of Nigeria (CJN), Justice Katsina-Alu.
The National Judicial Commission (NJC) has been in the news recently over their investigation of allegations and accusations of corruption, undue influence and the ‘Greek gift’ alleged to have been offered the President of the Court of Appeal (PCA), Justice Ayo Salami by the Chief Justice of Nigeria (CJN), Justice Katsina-Alu.
The NJC also considered the accusation of unethical conduct and the breach of Natural justice and fair hearing, said to have been committed by the same Justice Ayo Salami in the Ekiti and the Osun States Governorship Election Appeal Tribunals cases, which he composed or constituted and presided over.
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These matters that affected the top hierarchy of the Judiciary, and which sought to tarnish the image of the Judiciary bringing the bastion and last hope of the common man into disrepute. This was an attack at the jugular of the nation. For with a corrupt judiciary, which is rooting from the top to bottom of its hierarchy, there is no hope for the nation and her citizens.
The NJC, therefore, sought to put a stop to the mudslinging and tirades being thrown by Justice Ayo Salami, who appeared vexed, and had even gone to court, thus grandstanding. The NJC sought to arrest the situation before things got worse, and clean out the Aegean stable, so to speak, by constituting a panel to investigate all the vexed issues involved. Last month, the investigating panel completed its work and made recommendations to the NJC, which gave the following outcome.
“But the NJC, vide an official statement given to reporters in Abuja by its Deputy Director (Information), Soji Oye, a lawyer, had cleared Katsina-Alu of wrongdoing, stating that he acted in good faith and in the best interest of justice.”
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NJC therefore found Salami guilty of false claims and thus in breach of Rule 1(1) of the Code of Conduct for judicial officers of the Federal Republic of Nigeria.
Consequently, the council ordered Salami to issue an apology in writing to Katsina-Alu and NJC for false complaints, which brought the judiciary to disrepute.”
The above was culled from the Guardian Newspaper of Thursday, 11 August 2011. The verdict followed the outcome of the NJC meeting which deliberated on the reports of the Committee that investigated the accusations and the allegations of impropriety and unethical conduct against the Honourable CJN, Justice Katsina-Alu by the PCA Justice Ayo Salami.
The Guardian further reported that, and I quote:
“The official statement issued by NJC said: "The National Judicial Council at its 6th Emergency Meeting which was held on 9th August, 2011, deliberated on the two separate reports of its committees on the allegations levelled against the Hon. Chief Justice of Nigeria, Hon. Justice Aloysius Katsina-Alu, GCON, the President, Court of Appeal, Hon. Justice Isa Ayo Salami, OFR and some Hon. Justices of the Court of Appeal.”
At the end of deliberations the Council decided as follows:
* That the allegation made by the Hon. President, Court of Appeal, Hon. Justice Isa Ayo Salami, OFR that the Hon. Chief Justice of Nigeria, Hon. Justice Aloysius Katsina-Alu, GCON, instructed him to direct the Sokoto gubernatorial appeal to dismiss the appeal by the Democratic Peoples Party of Nigeria is not true;
* The Council found that the Hon. Chief Justice of Nigeria acted in good faith and was motivated by the apparent urge to protect the administration of justice and avoid breach of peace when directed that the judgment in the Sokoto gubernatorial appeal be 'put on hold' pending the investigation of the petitions he had received on the matter. Therefore, the Hon. Chief Justice of Nigeria was exonerated of the allegation of interference with Court proceedings in the Sokoto State Gubernatorial Election Appeal;
* That the Hon. Justices of Court of Appeal who served on the Sokoto State Governorship Appeal Panel namely: Hon. Justices Musa Dattijo Mohammad, Paul A. Galinje, John Inyang Okoro, Mas'oud Oredola and Regina O. Nwodo, have no issue to answer.
* That Hon. Justice Isa Ayo Salami, OFR and other justices who served on the Ekiti and Osun States Gubernatorial Election Petition Appeal Tribunal namely: Justices Clara Bata Ogunbiyi, O. Ariwoola, Chiman Centus Nweze and Adamu Jauro have no 'issue' to answer as it found that the call logs relied upon by the petitioners lacked authenticity and evidential value and therefore no sufficient evidence to establish unethical communication between them; and
* Having therefore established that the allegation/complaint by the Hon. President, Court of Appeal, Hon. Justice Isa Ayo Salami, OFR, against the Hon. Chief Justice of Nigeria, Hon. Justice Aloysius Katsina-Alu, GCON regarding the Sokoto gubernatorial election appeal was false. Council decided that it is misconduct contrary to Rule 1(1) of the Code of Conduct for Judicial Officer of the Federal Republic of Nigeria.
Thus, the Council further decided that the Hon. President of the Court of Appeal should: * Be warned for such unethical conduct which eroded the public confidence in the integrity and impartiality of the Judiciary; and
* Apologise in writing to both the Hon. Chief Justice of Nigeria and Chairman of National Judicial Council, Hon. Justice Aloysius Katsina-Alu, GCON and National Judicial Council within a week from today, the 10th day of August, 2011."
There are certain aspects of the NJC’s decision, which I find quite disturbing and mindboggling, like their verdict on the Ekiti and the Osun States Election Appeals Tribunals, and that “it found that the call logs relied upon by the petitioners lacked authenticity and evidential value and therefore no sufficient evidence to establish unethical communication between them”, even though the original investigative panel accepted that there was an untoward and unethical relationship between the PCA, Justice Ayo Salami and the officials and the hierarchy of the ACN party.
The call logs, which showed calls made between the PCA and ACN chieftains even up to the morning of the Court’s verdict in the cases, and after that, the NJC still felt it was not ‘unethical’. How can it not be unethical for a Judge and the President of the Court of Appeal (who also appointed and constituted the panel of the other Judges in the case) to be hobnobbing and holding frequent communication with one of the parties to the case? This type of relationship is a fundamental breach of one of the principles of Natural Justice and fair hearing, that a man must never be a Judge in his own case or in any case that involves his friends, families, relatives or allies.
That aside, what is most baffling in the NJC’s decision of the 9th of August 2011 is in the punishment purportedly meted to the erring party, Justice Salami, and the resolution of the matter. What is the NJC telling us or trying to teach Nigerians and the whole world? That as long as an erring Judge apologises and he is warned, then that would be the end of the matter. What happened to the public perception of the Judge? And what about the confidence or the lack of confidence that the society would have for such a Judge? How can any party or litigant go before the Justice and not look him in the eyes and see a corrupt, thieving, lying b-s---d and cheat?
Calling a spade a spade, Justice Salami LIED. He also lied on oath. It is unethical, I dare say for such a Judge or Justice to continue to function in that revered or hollowed Chambers or citadel of Justice. It is unethical and unnatural for Justice Salami to continue to function as the Justice or the PCA, having brought that noble office into disrepute. Although short of being sacked, he has been found to have corrupted and abused his office. He has been caught with his pants down for Lying. The least he can do now is to resign FORTHWITH.
Not also forgetting that the Justice and the President of the Court of Appeal also lied in court, and on oath, and perjured. In my books and in the lexicon and the Nigerian Law books, Perjury is still a criminal offence, which carries a custodial sentence. A Police service worth its salt does not need any prompting or further evidence to arrest and charge the PCA, Justice Ayo Salami, to court.
One, to serve as his punishment and due recompense, and two, to serve as a deterrent to others, who would wish to emulate him, and three, to serve as Justice and recompense to the CJN, who has acted with decorum and decency in all of this, and exhibited sterling qualities and conduct that accords with his office. He has acted with civility and did not enter the gutter with Justice Salami, who tried to pull him down into the gutter to fight and exchange tirades. Rather, he kept mute and refrained from exchanging words with the ‘Agbero’ Justice Salami.
My immediate concern is not with the alleged CJN’s past and the numerous tales or rumours that fly in the face of logic, of how he became the CJN (lest some people try to distract with this) but more about his conduct and the manner, in which he handled this matter, which sought to ridicule his person and his office.
Whether from the North or the South of Nigeria, exemplary behaviour and conduct must be acknowledged. As for Justice Ayo Salami, I was too embarrassed to read all the nonsense and rubbish he published in the open court of public opinion, and on Sahara Reporters, and despite knowing that he was lying and publishing falsehood. I hope this serves as a lesson to all those loose cannons that fabricate tales or stories without having the guts or the balls to back them up.
In conclusion, I do not believe the NJC went far enough in meting out punishment for the erring Justice Ayo Salami. A pat on the back or a slap on the wrist is not sufficient punishment for him bringing the noble profession into disrepute, talk less, of bringing the high office of the President of the Court of Appeal into disrepute and opprobrium. Justice Ayo Salami should go one step further now and resign.
The Police should also follow suit and arrest and charge him to court for Perjury only then, can Justice be said to have been served for the CJN, the PCA and every Nigerian. The nation and society must truly show that they abhor lies and LIARS.
Osi Okponobi
[email protected]
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