Indications emerged on Thursday that the Nigerian Bar Association may pull out of the National Judicial Commission following the suspension of the President of the Court of Appeal, Justice Ayo Salami, by the council.
A member of the NJC, who craved anonymity, told our correspondent that the suspension was shocking, saying the only agenda of the meeting of the council was to consider the appointment of the new Chief Justice of Nigeria.
Our source said the body of lawyers might pass the resolution, pulling out of the council at its Annual General Meeting which is to commence on Sunday in Port Harcourt, Rivers State capital.
The decision to suspend Salami was made in the absence of the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu and members of the NBA, our source said.
We learnt that after Justice Dahiru Musdapher was considered as the incoming CJN at the meeting, Katsina-Alu opted to leave the meeting, saying he was a party to the next issue to be discussed. The NBA president, Joseph Dauda (SAN), too also asked to be allowed to leave the meeting since the NBA could only be part of the NJC meeting when appointment was to be considered.
Our source said it was shocking to hear later that Salami was suspended.
“The problem is that there is a gang up against Salami. So when the CJN came, the main business for today (Thursday) actually, was to consider the appointment of a new CJN which we did.
Our source said, “When the meeting was over, the CJN then said he is leaving because the other aspect of the meeting he could not take part because he was a party.
“So the NBA president then said since the NBA was only part of NJC only to consider appointments they would also leave.
“So we all assumed that in order to cool things down the NJC would now adjourn and when the new CJN comes, we will find how to repair things and then.
“I was very shocked when one journalist told me that Salami was suspended. This came to me as a very big surprise.
“In fact we are considering at our annual general meeting that we start on Sunday in Port Harcourt to pass a resolution that the NBA should withdraw from the NJC.”
Meanwhile, prominent lawyers, among them Prof. Itsay Sagay (SAN) and Femi Falana, have condemned the action of the NJC, describing it as lawlessness and therefore could not stand.
Another Lagos-based constitutional lawyer, Jiti Ogunye, believed “it can erode the independence of the judiciary.”
Sagay said, “I think they are in the process of a total destruction of the judiciary by the top hierarchy of the judiciary themselves. Firstly, they are aware of the action filed by Salami. Secondly, they actually received it yesterday. They themselves who laid down the law have violated it.”
Arguing that the suspension cannot stand Falana, said the NJC acted “ultra vire,” saying the body could only recommend such punishment as the suspension of the PCA.
By Ade Adesomoju Courtesy Of: Punch
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