Why I Didn’t Reinstate Salami –President

President Goodluck Jonathan yesterday stoutly defended his recent decision refusing the request by the National Judicial Council (NJC) to reinstate suspended President of the Court of Appeal, Justice Ayo Salami into office.

Jonathan, who was represented in court yesterday, asked the trial high court judge, Justice Adamu Bello, to dismiss the action brought by 11 human rights activists challenging his decision to withhold his assent on the recommendation of NJC.

The President, in a motion filed in court, argued that the activists had no locus standi to bring the suit and that their claims are indeterminable, not justiceable and sheer academic exercise.

It will be recalled that upon the recommendation of the NJC, Justice Salami was suspended for insubordination by President Jonathan.

The NJC’s decision itself followed the recommendation of its committee which investigated sundry allegations against him and the then Chief Justice of Nigeria, Justice Katsina Alu.

But following protests, another committee headed by the incumbent Chief Justice of Nigeria (CJN), Justice Aloma Mariam Muhktar, reviewed Salami’s case and recommended his recall.

Instead of NJC reinstating Justice Salami without going through President Goodluck, the immediate past CJN and then Chairman of NJC, Justice Dahiru Musdapher, wrote a letter to the President seeking his approval to recall Salami.

Jonathan not only refused the request by NJC, he also made an issue out of the matter to the effect that there were a number of actions in court and that okaying Salami’s recall would be prejudicial.

Although, NJC and Jonathan suspended Justice Salami at a time a case was in court seeking to stop his removal or suspension from office, the President said the rule of law must henceforth be followed in the matter.

The decision by Jonathan to put a stumbling block on the bid to recall Justice Salami made the 11 rights activists to go to court for a declaration that he has no powers under the law to play any role in Justice Salami’s recall or and to re-appoint the then acting President of the Court of Appeal, Justice Dalhatu after the expiration of his three months tenure without NJC’s recommendation.

Although, Jonathan is kicking against the competence of the suit, NJC had filed a motion to queue behind the activists that Jonathan has no constitutional role to play in the recall of Justice Salami and that it has no powers to re-appoint the acting President of the Court without its recommendation.