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The Politics Of Salami's Reinstatement

May 31, 2012

Someone has to come from a place and a country. Nigeria really is not a bad place to come from. A mix of colourful ethnic groups. 

Someone has to come from a place and a country. Nigeria really is not a bad place to come from. A mix of colourful ethnic groups. 

Nice landscape and a typical countryside smell; blessed with abundant natural resources, possibly with no parallel in the world. No earthquakes and hurricanes. No natural disasters. Ideally, it is a country one can be proud of.  The only trouble with Nigeria is the people.

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Despite being created by British colonialists for selfish reasons, Nigeria could have been this giant it is still not if the people were different. The leaders are not different either. From the Second Republic till date, there is no one purporting to be a leader deserving to be called one.


Governance for our leaders is only self-serving. They simplyoccupy space, lie and deceive the populace with speeches. They are only interested in looting and sharing money. Sadly, that is what power and leadership is in today’s Nigeria.


President Goodluck Jonthan, like Nigerians, may also have failed in taking advantage of his luck and blessings. He emerged at a time when oppressed Nigerians were looking for a hero,who will liberate them from the ravenous elite. He enjoyed so much goodwill, on which he rode to presidential election victory. The talk that Jonathan rigged his way to power is very far away from the truth, in spite of irregularities here and there during the last presidential election. What is true is that, he no longer enjoys the confidence and trust majority of Nigeriansreposed in him. He has squandered it by his inaction, gaffes and unwise decisions.

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Last year, I had castigated the president for his hasty removal of the then President of the Court of Appeal, Justice Isa Ayo Salami even when he was in court challenging the decision of the National Judicial Commission (NJC). Shunning overwhelming public outcry, especially from senior constitutional lawyers and NBA against the judicial lawlessness demonstrated by NJC, Jonathan swiftly appointed Justice Dalhatu Adamu as the acting Chief Justice of the Court of Appeal.


This was the beginning of bad air for Nigeria for a man who asked the people’s mandate promising fresh air. Then I said: “For a man who ran a presidential campaign, promising Nigerians a breath of fresh air, his unfortunate decision to affirm the unlawful verdict of the NJC, is the least Nigerians expected of a man who says he wants to transform Nigeria.” I ended that piece by saying: “the unconstitutional removal of Justice Salami should be resisted by Nigerians. We simply cannot sit back and allow a contemptuous lawlessness to stand. The suspension and removal of Justice Salami is outrageous, unacceptable, irresponsible and unconstitutional. The National Judicial Council acted beyond the scope of the authority bestowed on it by the constitution. And President Goodluck Jonathan, being a president who swore to uphold our laws, can not endorse an illegality. It therefore means that he does not have the constitutional power to replace Salami as he has done, and let it be known to him. And this cannot be the fresh air he promised!”I also regretted then that: “How we wish he had taken the opportunity this matter provided for him to shine and reassure the nation that he is a president that respects the rule of law. Instead he decided to resort to self destruction. Whether, he likes it or not, this unwise decision will go a very long way in defining his presidency.” 


I had supported Jonathan’s bid for president. I had really wanted him to succeed like most people who backed him. But unfortunately, as I have said before, he is his own greatest enemy.


Only a fool will believe that the removal of Salami was not political. It is true that some have accused him of being an ACN member and that he was biased against the PDP in the hearing of election petition cases. These are serious allegations. Salami is not above the law. He should be disciplined and sanctioned in accordance with the law if they are found to be true. However, due process was not followed and the rules of fair hearing were infringed upon when Retired Justice Katsina Alu, as an accused,was a judge in his own cause.


Luck again has given Jonathan another chance to redeem himself. The NJC has already reversed its controversial decision. But instead of taking advantage of it, he is still playing politics with such a matter. His unimpressive Attorney General has unconvincingly argued that the government can not do anything now because the matter is still in court. 

Was Salami not removed when he was already in court challenging the recommendation of the NJC? Can’t Mohammed Adoke conjecture a more persuasive argument? Who are even those in court? What is their locus-standi and interest in the matter? This democracy would be grounded if people were hired all the time to challenge every matter in court. What are they even challenging? The matter was between Salami and NJC. And President Jonathan is legally obliged to follow the recommendation of the NJC since it was what he relied on in removing him in the first place.


Mr President, a man in your position sometimes is compelled to take decisions, which are against his will, having sworn to uphold and defend the law no matter whose ox is gored. Respect the rule of law now and recall Justice Salami! The politics you are playing with his reinstatement can only hurt you and you alone!

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