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CLO
Condemns Removal Of Justice Ayo Salami, Calls For Immediate
Reinstatement And Respect For The Rule Of Law
Newsdiaryonline Wed Aug 24,2011
The Civil Liberties Organisation (CLO)
received as a huge shock, the lawless, unconstitutional and
illegal removal of the President of the Court of Appeal, Hon.
Justice Ayo Salami, from office and consequent appointment of
his successor, Hon. Justice Adamu, by President Goodluck
Jonathan without due process of law, following an illicit
recommendation by the embattled National Judicial Council (NJC)
even when the matter pended before a court of competent
jurisdiction.
As at the time of this press statement,
security agents attached to Hon. Justice Salami’s residence are
said to have been withdrawn by the Federal Government while
security has been heavily beefed up at the President of Appeal
court’s court in Abuja.
The current imbroglio at the country’s apex
judicial authority which has brought monumental, international
shame on the country took place at the time when the authorities
claim that Nigeria’s corruption index has appreciated. The
crisis started few weeks ago when a Judicial Panel set up by the
NJC and headed by Hon Justice Ibrahim Auta, among its
recommendations, asked Justice Salami to apologise to the
out-going Chief Justice of the Federation, Justice Katsina-Alu.
But Salami rather than obey the heinous recommendation, went to
court, instead, to seek the enforcement of his fundamental
rights to fair hearing, justice and against the success of a
well thought plot made to be hoisted on him to make him commit
perjury, an act, if Justice Salami had fallen prey of, would
have sent him to the inquisition council.
Irked
by the robust, lawful, learned and celebrated action of Justice
Salami, the NJC, a party in the suit by filed by him (Salami) at
the court, wilfully suspended Salami and immediately recommended
to Mr. President to wickedly and illegally, too, retire him
(Justice Salami) from the service. Unfortunately, without
recourse to the provisions of Section 292 (a) of the 1999
Constitution of Nigeria which empowers the President to approve
the removal of the President of the Court of Appeal, etc, only
by the support of an address by 2/3 majority of the Senate, Mr.
President has approved the retirement from office of Justice
Salami and consummated the illegality by appointing Justice
Salami’s successor.
CLO, in no small measure, frowns at this
flagrant violation of the sanctity of the national constitution
and, therefore, condemns the notorious actions of the President
and NJC. We do not find any nexus, at all, between the actions
of the NJC and President Jonathan on one hand; and his
(Jonathan’s) repeated assurances to Nigerians of his avowed
respect for the rule of law, due process and crave for good
governance.
In view of the foregoing, CLO demands as
follows:-
. Immediate and unconditional reversal of
the purported removal/retirement
of Justice Salami and his restoration to his office
pending the outcome of the legal battle between the NJC and
Justice Salami.
·
.Removal of the Minister of
Justice & Attorney General of the Federation, Mr. Mohammed Adoke,
for his
poverty of legal ideas
or ignorance of the provisions of the Constitution or preference
of to allow the perpetration of legal impunities that has
brought disdain and disrespect for Nigeria and Nigerians in the
comity of global nations or both.
.That the National Assembly, especially the
Senate, calls Mr. President to order, more-so as it concerns his
breach of the provisions of the Constitution in the performance
of his constitutional functions and ensured that the right thing
is done.
.That the CLO does not hold any brief for
Justice Salami in whatever allegations that may be brought
against him but that we are so far satisfied with his
gentlemanly conduct, especially his crave for the respect for
the sanctity of the rule of law and due process.
. Lastly, CLO calls on all Nigerians of all
walks of life and groups namely the Nigeria Bar Association, all
nationalistic civil society organisations, patriots, Academic
Staff Union of Universities, workers, students, artisans, market
women, National Union of Road Transport Workers, the
professionals, elder statesmen and all those who fought for the
restoration of democracy in our fatherland to be on the red
alert to guard and defend our hard earned democracy, the rule of
law and due process and ensure that we do not allow the enemies
of democracy who have become the beneficiaries of our struggles
against military dictatorships to rubbish our efforts and cause
us to go back to dark days of the military.
Aluta continua!
Sgned
Comrade Ibuchukwu Ohabuenyi Ezike,
Executive Director, CLO.
08037875414 AND 08027222409.
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