Appeal Court Throws Out Salami’s Suit

THE Court of Appeal, Abuja Division, yesterday threw out a referral suit filed by the want - to - return but suspended President of the Court of Appeal (PCA), Justice Ayo Isa Salami, declaring it “incompetent.”

In a unanimous decision of the five-man panel of Justices chaired by Justice Hussein Mukhtar, the Appeal court ruled that the processes transmitted to the said court by the Registrar of the Federal High Court in respect of suit N0: FHC/ABJ/CS/723/2011 were “incompetent”, having not complied with Order 5, Rules (1) and (2) of the Court of Appeal which requires mandatory compliance by the lower court in terms of transmission of records of proceedings.

Specifically, Justice Mukhtar found that the Registrar of the Federal High Court merely transmitted Justice Donatus Okorowo’s ruling of March 15, 2012, motion argued, affidavit in support as well as the enrolled order.

In a terse ruling, Justice Mukhtar declared that “The provisions of Order 5, Rule 1 and 2 require mandatory compliance… and the letter by the Registrar of the Federal High Court has not satisfied this mandatory requirements. I hereby hold that the processes filed by the Registrar of the Federal High Court are therefore incompetent…”

The court refused the oral application of Salami’s counsel, Olumide Olujimi, who stood in for Chief Akin Olujimi (SAN). Olujimi had prayed the court for an adjournment to enable him “further liaise with the lower court to ensure that the proper processes are filed, in compliance with Order 5, Rule 1 and 2 of the Court of Appeal.”

This prayer was opposed by counsel to all the defendants/respondents, including Godwin Iyinbor (1st defendant), David Adegbe (2nd and 8th defendant), Wale Odeleye (3rd respondent as well as for 4th and 9th respondents).

They premised their contention on the fact that there was no competent process before the court to warrant a request for adjournment and prayed the court to strike out the suit for lack of diligent prosecution.

The referral suit arose from the lower court where Justice Salami is challenging his suspension on August 18, 2011 by the National Judicial Council (NJC).

Joined in the suit before Justice Donatus Okorowo are former Chief Justice Aloysius Katsina-Alu, immediate past CJN, Justice Dahiru Musdapher Umeadi, all of whom are members of the Council’s fact-finding committee.

Also sued is the Chief Judge of the Federal High Court, Justice Ibrahim Ndahi Auta.

It would be recalled that Justice Salami had through his counsel, Olujimi (SAN) prayed the lower court via a motion brought pursuant to Section 295(2) of the 1999 Constitution as amended, for stay of proceedings pending the determination of the referral suit by the Appeal Court.