Jonathan Seals Salami’s Fate, Appoints Bulkachuwa Acting PCA

President Goodluck Jonathan has approved the appointment of Justice Zainab Bulkachuwa as Acting President of the Court of Appeal following a recommendation of the National Judicial Council (NJC). With the appointment, every hope of recalling suspended President of the court, Justice Ayo Isa Salami, may have been dashed.

It would be recalled that there have been moves to get Justice Salami reinstated as the NJC had on October 2, told an Abuja Federal High Court that the continued stay in office of Justice Dalhatu Adamu as Acting President of the Court of Appeal was illegal, unconstitutional, null and void.

The NJC also declared that it does not need the approval of the President to recall Justice Salami from suspension.

Reacting to a suit filed by Registered Trustees of Centre for the Promotion of Arbitration challenging the refusal of Jonathan to reinstate Justice Salami as President of the Court of Appeal as recommended by the NJC, the council said it was against the Constitution for the President to continue to re-appoint Adamu for the job.

The NJC further declared that it has the exclusive constitutional power to reinstate Justice Salami.

NJC counsel, Usman Isa Kana,  said that by virtue of Section 238(5) of the Constitution, the fifth defendant (Adamu) could not be re-appointed after the expiration of three months without recommendation of the third (NJC) defendant.

It therefore said Adamu’s continued stay in office  as the Acting President of the Court of Appeal was unconstitutional and illegal.

The plaintiff had asked the court to determine five questions which border on the interpretation of the powers of the NJC vis-à-vis the powers of the President as it relates to the exercise of disciplinary power over Justices of the Court of Appeal as enshrined in the Constitution.

The council argued that the disciplinary power to recall of a suspended Justice of the Court of Appeal was exclusively vested in it.

It further argued that by virtue of Sections 153, 158(1) of the Constitution and the NJC’s powers to exercise disciplinary control over judicial officers, the council was clothed with the power to suspend and recall Justice Salami without any recourse to the President.

However,  the NJC made a U-turn on Thursday. In a statement by its Deputy Director of Information, Soji Oye, NJC said, “President Goodluck Ebele Jonathan, GCFR has approved the appointment of Hon. Justice Zainab A. Bulkachuwa as the Acting President of the Court of Appeal following the recommendation of the National Judicial Council.

“The appointment of Hon. Justice Dalhatu Adamu as Acting President of the Court of Appeal expires tomorrow (today) November 23, 2012.

“Hon. Justice Zainab Bukachuwa will be sworn in at 10.00 a.m. on Friday, November 23, 2012 by the Hon. Chief Justice of Nigeria and Chairman, National Judicial Council, Hon. Justice Maryam Aloma Muktar, GCON at the Supreme Court,” the statement added.

Meanwhile, Justice Mukhtar is to swear in Ifeoma Jombo-Ofo as Justice of the Court of Appeal today.

She will take the oath at the Supreme Court, Abuja.

The swearing in is coming on the heels of Wednesday’s decision by the NJC which at its emergency meeting in Abuja overruled the decision of the CJN not to swear in Justice Jombo-Ofo on the grounds that she is from Anambra State but married to an Abia State indigene.

Similarly, Attorney General of the Federation (AGF) and Minister of Justice, Mohammed Bello Adoke, will today inaugurate the Governing Council of the National Human Rights Commission of Nigeria (NHRC).

The delay in inaugurating the council has resulted in a backlog of petitions on various human rights violations.

The council could not hear the petitioners because it had not been inaugurated.

An amendment to the statute establishing the commission has conferred more powers on it, including the powers to summon and compel witness attendance and to award compensation to victims of human rights violations in Nigeria.

The council is headed by renowned human rights activist, Chidi Odinkalu.

Source: Daily Independent