JUSTICE SALAMI MAY BE ASKED TO GO ON TERMINAL LEAVE –INVESTIGATION

There are strong indications that the National Judicial Council (NJC),may ask the suspended President of the Court of Appeal (PCA),Justice Ayo Isa Salami,to proceed on terminal leave in July.

The development, according to a highly-placed source, is without prejudice to the suspended PCA’s pending suit,before a Federal High court sitting in Abuja.

By virtue of public service rule, which also applies to the judicial service, a public office holder, must proceed on pre-retirement leave three months to their date of retirement.

Sunday Mirror’s investigation from the NJC showed that the embattled PCA will be due for retirement in October, when he would have clocked the mandatory retirement age of 70 years.

According to the dependable source,”Justice Salami will be 70 in October, by the grace of God,and since he is only on suspension,there is the likelihood that the NJC,his employer,will ask him to begin his pre-retirement leave in July,since his retirement is in October.”

When reminded of Salami’s matter pending before the court, the source said, “What I have told you is not to preempt whatever decision the court will arrive at, it is purely from the administrative point of view.”

Justice Salami, who has been on suspension since August 18, 2011 over an offence bordering on “gross misconduct”, is challenging the action of the then Justice Aloysius Katsina- Alu-led NJC. Unfortunately, his matter, which had dragged over a year, was dealt a fatal blow, as it was listed for mention, and was so mentioned at the last adjourned date. Clearly, the matter began de novo (afresh),at the last adjourned date.

The need for the matter to begin de novo, arose from the transfer of the trial judge,Justice Donatus Okorowo,to the Taraba Division of the federal high court.

Consequent upon the development the new judge, Justice S. Chukwu, said the court was constrained to re-list the suit, since there was no “assignment order” from the Chief Judge (CJ) of the Federal High Court, Justice Ibrahim Auta, directing him (Justice Chukwu), to hear the suit.

Besides, it was further observed that there was neither an application from Justice Okorowo, nor a fiat (from the CJ), directing the new judge to continue hearing in the matter. Hence, the suit could safely be said to be precariously hanging in the balance.

Or.what is the possibility that a suit that was adjourned to May 30,for parties to address the court on whether it has the jurisdiction to hear the matter or even to state it, in view of the fact that there is no assignment order from the CJ for the hearing of the pending matter.

Source: National Mirror