13 November, 2012

Salami Agrees To Retire, Gives Conditions

STRONG indications have emerged that the suspended President of the Court of Appeal, Justice Ayo Isa Salami, has agreed in principle to a conditional early retirement from service, Nigerian Tribune was reliably informed on Monday night.
Following a complicated judicial intervention in his suspension, the National Judicial Council (NJC) at its last meeting on October 18, 2012, resolved on early retirement for him with full benefits, including when he was supposedly on suspension.
The Chief Justice of Nigeria, who doubles as the council’s chairman, Justice Aloma Mariam Mukthar and her deputy, Justice Mahmud Mohammed were asked by the council to communicate the decision to him.
A Senior Advocate, who belongs to Salami’s camp revealed to Nigerian Tribune that Salami had given conditions for calling time on his career before the original October 14, 2013 date, when he would clock the mandatory 70 years.
It was gathered that the proposal from the judiciary leadership was for Salami to tender his early retirement notice, withdraw his pending suit challenging his suspension before being reinstated to office for three months.
At the expiration of the said three months, the council would simply accept his retirement.
The source, who confirmed that Salami had agreed to spending three months and calling it quits, noted that the untenable aspect was the proposed tender of retirement notice before resuming office, querying why it should not be the other way round.
When Nigerian Tribune raised the issue of trust considering Salami’s acknowledged strong personality, the source noted that it was for the judiciary leadership to trust him, since he had already shifted ground on the matter by agreeing in principle to the proposal.
According to the source, “This is what I tell you about the bias and double-face approach of the judiciary leadership. Why can’t they trust him that he would send his retirement notice to the council after resuming in office? At least, he has agreed to the three-month in office before retirement proposal, so why can’t he retire when in office. If they can’t trust him, why should he also trust them that the whole arrangement would not change after tendering his retirement notice before resumption in office.”
The source, who is also embittered over the rejection of Justice Ifeoma Jombo-Ofo as a Justice of the Court of Appeal by the Chief Justice of Nigeria, further slammed the judiciary leadership over what he called “convenience arrangement to issues.”
According to him, “when Salami was reinstated, they said he could not resume office because the matter was subjudice. Is the issue no longer subjudice now that he is being asked to resume and retire? Are the cases no longer in court now that they are looking for a way out of the crisis? When it is convenient for them (judiciary leadership), they say one thing, when it is the other way, they say another thing.
Why should they think that he (Salami) would renege on the agreement when reinstated? What is the assurance that they also would not renege on the agreement if he gave in to the demand of retirement notice first.”
Meanwhile, it has been revealed that the acting President of the Court of Appeal, Justice Dalhatu Adamu may be serving the final three months as the head of the intermediate court.
He is on the fifth term which has given him 15 months as the acting head of the court, following Salami’s suspension on May 18, 2011.
The current three-month period ends on November 22, 2012 which is the date that the NJC had fixed for its emergency meeting.
A source in the know told the Nigerian Tribune that the twin issues of Court of Appeal headship and Jombo-Ofo’s controversial appointment and disqualification as a justice of the court, would dominate issues at the meeting.
The council’s last meeting for this year has been reportedly scheduled for December.
Justice Zainab Bulkachuwa who heads the Court of Appeal, Abuja Division, is reportedly tipped to replace Adamu as the most senior justice of the court.
Adamu came under fire during the last council meeting, especially his alleged inability to give off-hand the number of the judges of the Sharia Court of Appeal, when reportedly asked by the CJN.
The CJN and Adamu served at a point in their careers, at the Ibadan division of the court.
He was later excused from the council meeting when Salami issue was to be discussed and reportedly disappeared from the meeting venue before the conclusion of the said meeting, even when he was reportedly being sought for.
Alleged maladministration and corruption issues had kept hovering over his leadership in the last 15 months, with justices and staff of the court being allegedly owed salaries and allowances.
The Chief Registrar of the Court told the Nigerian Tribune during a chat that the court received its allocation late from the NJC, which led to the delay in paying the justices.
Source: Tribune

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