Monday, December 23

National Judicial Commission Accused of Planning Constitutional Crisis

The plot by the National Judicial Council (NJC) to forcibly reinstate the suspended President Court of Appeal, Justice Isa Ayo Salami without waiting for President Goodluck Jonathan’s consent is an attempt by the NJC – backed by some characters in opposition parties – to foist a constitutional crisis on the nation.

So says the PDP South West in a statement on Friday.

The party’s zonal publicity secretary, Kayode Babade, said “plans are afoot, following a meeting by these characters in the opposition, and some prominent  stakeholders, urging the NJC to use its meeting scheduled for 6th and 7th June, 2012, to reinstate Salami without waiting for the approval of the President on the ground that “the President’s  approval was not necessary” to reinstate the  suspended President Court of Appeal, who the same NJC accused of misconduct.

The party said this move should be nipped in the bud  by the CJN who should not in his hurry to satisfy some “vested interests” create  confusion in the Judiciary in the twilight of his tenure.

“We want  the CJN to recall also that his own integrity is at stake; having given the evidence that gave rise to the  conclusion of  the NJC and its  Panel – as a result of which Salami was suspended for misconduct”

The party’s  spokesman said no attempt should be made to vitiate all pending cases; including that filed by Salami himself,  and  those filed by other Nigerians, which are at  different stages in the lower and Appeal courts; challenging the NJC and the President on matters relating to the desperate attempt to reinstate tainted Justice Ayo Salami.

The party recalled that while Justice Salami’s case before the Court of Appeal  was to the effect that NJC had no right to discipline him as they were not his employers, it beats  the imagination of right thinking members of the society that the same NJC was now in a frenzy to vitiate this case, as well as others.”If the NJC now believes President Jonathan’s approval was not necessary, why was the recommendation forwarded to him in the first instance? 

What happens to NJC’s previous recommendation for Justice Salami’s retirement – now pending before the Senate – which was only put on hold in deference to Salami’s case in court”?

The party said although there were fears that many of the cases  against   Salami’s reinstatement will  be thrown out on legal technicalities, rather than on merit which justice demands, it still believes that the judicial arm of government  has the capacity to correct itself and wean  the proverbial “last hope of the common man” from the tendencies that may jeopardize its long-cherished independence and impartiality.

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