Nigeria: Why FG Can't Re-Instate Salami Now, By Adoke

Please read this and tell us what you think is going on... emmmm.. well after your comments I will make mine..
 
Minister of Justice and Attorney General of the Federation, Mohammed Bello Adoke (SAN), Tuesday said the suspended president of the Court of Appeal, Justice Isa Ayo Salami, would not be reinstated until all pending cases on the matter are concluded.

Also, former President Olusegun Obasanjo and former Chief Justice of Nigeria (CJN), Justice Mohammed Uwais, have expressed disgust over the present state of the nation's judiciary and agreed that the system is riddled with corruption.

Adoke said this while responding to questions at the ministerial platform organised by the Federal Ministry of Information as part of activities marking the 2012 Democracy Day.

He said the National Judicial Council (NJC) had in August 2011 suspended Salami and recommended that he should be retired, but the Federal Government was mindful of the fact that Salami went to court over the matter.

Adoke said the Federal Government would act responsibly by awaiting the outcome of litigation on the matter, as he said reinstating Salami even with pending litigation would amount to subjudice.
According to him, the NJC on August 21, 2011 suspended Justice Salami and recommended him for retirement, but the President took cognisance of the fact that Justice Salami went to court.

He said the NJC on May 11, 2012 was said to have recalled him, but the Presidency only got a letter to that effect last Friday, after which he said the Presidency received myriads of litigation challenging the competence of NJC to reinstate Salami.

"Rather than do anything,what the President did was to exercise his power under section 238(4) of the Constitution to appoint an acting President of the Court of Appeal, on May 11, the NJC was said to have recalled Justice Salami, the Presidency only received the letter last Friday that, and another day the Federal Government received various litigation by the way of originating process, challenging the competence of NJC to reinstate Salami.

"This government is anchored on the rule of law, and we will do the right thing as soon as all matters are resolved in the court," he said.

One Mr. Wilfred Okoli Tuesday filed a suit against the Federal Government asking the court to restrain government from reinstating Salami.

The suit filed by Amobi Nzelu, listed as defendants the National Judicial Council, Justice Salami, the Attorney General of the Federation and President Goodluck Jonathan.

The plaintiff is asking the court to hold that NJC can not deliberate on an issue which is a subject of litigation.

He also asked for a declaration that Jonathan was not under any constitutional obligation to act upon the recommendation made to him by the NJC asking to reinstate Salami.

He also asked for the following declaration that the President has a right to act and not to act upon any recommendation made to him by the NJC.

He further asked the court to hold that it is only a court of law that has the power to hear and determine matters between parties.

The plaintiff asked the court to stop Jonathan from acting on the recommendation sent to him by the NJC.

In an affidavit he deposed to the plaintiff averred that the NJC had no power to recommend to the President to reinstate Salami.

He said: "That the NJC can only recommend to the President to remove judicial officers and not reinstatement."

He further averred that Jonathan was not duty bound to act on the recommendation of the NJC.

culled from allAfrica.com