I was persecuted for refusing to pervert justice -Salami

Date: 2013-10-31

The immediate past President of the Court of Appeal (PCA), Justice Isa Ayo Salami, yesterday declared for the umpteenth time that former Chief Justice of Nigeria (CJN), Justice Aloysius Katsina-Alu, instructed him to direct the panel of justices that sat on the Sokoto State governorship election appeal to dismiss a petition lodged by the candidate of the Democratic Peoples Party (DPP), Alhaji Mohammad Maigari Dingyadi.

Justice Salami said the appeal in which Dingyadi challenged the decision of the Sokoto State Election Petition Tribunal that upheld the election Governor Aliyu Magatakarda Wamakko was the source of disagreement between him and Justice Katsina-Alu, which culminated in his suspension for alleged gross misconduct.

This was contrary to Justice Katsina-Alu's position that the issue at stake then bordered on the leakage of the judgement of the Sokoto State governorship matter and attendant petitions arising from it.

The former PCA spoke in Abuja during the public presentation of a book in his honour entitled: "Isa Ayo Salami: Through Life and Justice"

The presentation of the book, which took place at the prestigious Nicon Luxury Hotel, preceded Justice Salami's valedictory court session which holds today at the Court of Appeal, Abuja.

Dignitaries that attended the event included a presidential candidate of the defunct Congress for Progressive Change (CPC), Maj. Gen. Muhammadu Buhari (rtd); National chieftain of the All Progressives Congress (APC), Asiwaju Bola Ahmed Tinubu and the party's Interim National Chairman, Chief Bisi Akande.

Other personalities were Governors of Zamfara (Alhaji Abdulazeez Yari), Ekiti (Dr. Kayode Fayemi) and Osun (Alhaji Rauf Aregbesola).

Also in attendance were former Edo State Governor, Chief John Oyegun; former Speaker of the House of Representatives, Hon. Aminu Bello Masari; former Minister of the Federal Capital Territory (FCT), Mallam Nasir El-Rufai, and the Interim National Publicity Secretary of APC, Alhaji Lai Mohammed.

Governor Yari, on behalf of the "progressive governors", launched 250 copies of the book with N55 million.

Recalling the circumstances which he said led to his suspension, Justice Salami said: "I was invited by the then CJN, Justice Katsina Alu, to his chambers on the 8th of February, 2010 using Justice Dahiru Nusdapher's phone, and when I got there, I met them together...He (Katsina-Alu) instructed me to direct the justices on the Sokoto Appeal to dismiss the appeal of the Democratic People's Party (DPP) governorship candidate and I responded that I could not do so.

"Contrary to the deposition of Justice Katsina-Alu that he called me into his chambers in respect of leakage in the judgement of Sokoto matter which he gathered from petitions, there were no petitions against me or the justices in the Sokoto Appeal Panel as at 8th day of February, 2010...

"Ironically, the petitions in question only emerged on the 15th of February, 2010... after I had unequivocally informed the CJN that I would not direct a competent court on what its judgement should be.

"After showing me the petitions...,he asked to disband the Sokoto Appeal Panel in view of the petitions, I responded that I would not disband the panel as the petitions did not contain any allegation of impropriety against the members.

"The investigating panel set up by the NJC under Justice Umaru Abdullahi... rejected his (former CJN's) claim that there was allegation of leakage in the petitions as well as his defence that the judgement had leaked. In spite of this, they concluded that he was acting in good faith.

"I thank God that I refused to pervert the course of justice. Disbanding the panel or persuading them to dismiss the appeal was not the right thing to do. It would have offended the principle of the independence of judges which I so much respect and believe in. As a matter of fact, I will simply say that if I had done what the then Head of the Nigerian judiciary had wanted me to do, I would not have this honour and if at all this book was published, it would be shameful and hypocritical of me to stand before you and talk about honour and integrity – two things which define a fine judicial officer alongside the grasp of the law.

"I have no regrets about what I did and the God of truth has vindicated me. All the NJC committees' reports have said Salami did no wrong as well as the committee set up by the Nigeria Bar Association (NBA)."

Meanwhile, a former CJN, Justice Muhammed Lawal Uwais, said that "Justice Salami has been unfairly treated by the NJC".

He added: "It is disturbing that the NJC, whose membership consists of eminent and experienced judges and lawyers, should act in the manner they treated Hon. Justice Salami. With his retirement taking effect on the 15th October, 2013 his suspension from office automatically came to an end."

Citing section 153 (2) of the 1999 constitution, Justice Uwais concluded that it is the NJC, not the president, that exercises disciplinary powers over judicial officers.

In his keynote address, Nobel Laureate, Prof. Wole Soyinka, charged the Federal Government to resolve high-profile killings, including that of former Attorney- General of the Federation and Minister of Justice, Chief Bola Ige (SAN).

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