Dear Ola and fellow compatriots:
One of the things that we in the Nigerian community must always strive to do is to get our historical facts straight before jumping into conclusions about issues.
In the matter at hand, asking Justice Salami to go from the President of the Appeal Court to be in the Supreme Court - if not the Chief Justice - APPEARS to be a LATERAL MOVEMENT, not a promotion, but is in fact a DEMOTION.
Here is what you will find on the website of the Appeal Court of Nigeria:
QUOTE
In the Judicial hierarchy in the Federal Republic of Nigeria, the Court of Appeal is the second highest Court in the country. That is next to the Supreme Court of Nigeria.
The Court was established in 1976 and was then called Federal Court of Appeal. The enabling Act establishing the Court is referred to as Federal Court of Appeal Act. 1976, which came into effect on 1st October 1976. Initially the number of justices of the Court, including the President of the Court was fixed at thirty-six. In the order of Judicial Precedence, the President of the Court shall rank equal to a Justice of the Supreme Court and the other Justices of the Court shall rank next to the Justice of Supreme Court.
The Court is primarily an appellate Court and the Court shall be duly constituted for the purpose of hearing and determining any appeal. Whether Civil or Criminal, if it consists of at least three Justices.
UNQUOTE
So at the very minimum, it is a lateral movement.
In fact, in one sense, it is a DEMOTION, since he is currently PRESIDENT of a 36-member Appeal Court, but as a Supreme Court member, he will be just like a 15-member Supreme Court.
Here is a second sense in which it is a DEMOTIOIN. Here is the list of previous Presidents of the Appeals Court:
- The Late Hon. Justice D.O Ibekwe (President 1976-1978) =====> from being Justice of the Supreme Court
- The Hon. Justice M. Nasir GCON (President 1978-1992) =======> from being Justice of the Supreme Court 1975-78
- The Hon. Justice M.M.A Akanbi (President 1992-1999)
- The Hon. Justice Umaru Abdullahi, CON (President 1999-2009)
- The Hon. Justice I.A Salami (President 2009-Date)
Dan Ibekwe and Mamman Nasir (aloong with Taslim Elias and Augustine Nnamani) had the DISTINCT privilege of being appointed STRAIGHT from the bar to the Supreme Court - ie were never once judges before their appointment to the Supreme Court. . But most interestingly, we have had Justices moving from the Supreme Court to the Court of Appeal or even to the High court. Hon. Justices Mamman Nasir, Buba Ardo and Dan Ibekwe are examples of these.
So we see that of the four Presidents of the Appeals Court before Salami, only two (Dan Ibekwe, famous Biafran prisoner throughout the war, later Federal Attorney General; and Mamman Nasir) ever graced the Supreme Court. However, notice that Justice Mamman Nasir (the present Galadinma Katsina) was FIRST Justice of the Supreme Court from 1975-78, BEFORE being made President of the Appeals Court, a position he held from 1978-1992. Same kind of move occurred to Dan Ibekwe.
So they must have considered that a PROMOTION obviously. In fact, even in the 1970s, Justice Buba Ardo preferred chief judgeship of Gongola State to his seat on the Supreme Court and quit to take that.
Now here is the list of the current members of the Supreme Court:
| Name | Term | |
| Chief Justice | A. I. Katsina-Alu (2009-incumbent) | 2007–incumbent |
| Associate Justice | Sylvester Umaru Onu | 1993–incumbent |
| Associate Justice | A. I. Katsina-Alu | 1998–incumbent |
| Associate Justice | F. F. Tabai | 1999–incumbent |
| Associate Justice | Niki Tobi | 2002–incumbent |
| Associate Justice | Dahiru Musdapher | 2003–incumbent |
| Associate Justice | G. A. Oguntade | 2004–incumbent |
| Associate Justice | Sunday A. Akintan | 2004–incumbent |
| Associate Justice | A. M. Mukhtar | 2005–incumbent |
| Associate Justice | Mahmud Mohammed | 2005–incumbent |
| Associate Justice | Walter Samuel Nkanu Onnoghen | 2005–incumbent |
| Associate Justice | Ikechi Francis Ogbuagu | 2005–incumbent |
| Associate Justice | Ibrahim Tanko Muhammad | 2007–incumbent |
| Associate Justice | Pius Olayiwola Aderemi | 2007–incumbent |
| Associate Justice | Christopher Michael Chukwuma-Eneh | 2007–incumbent |
Not one of them used to be a President of the Appeals Court...
And these are the previous/curent Supreme Court Chief Justices - not ONE of them has been a former President of the Appeal Court:
| Chief Justice | Term |
|---|---|
| Adetokunbo Ademola | 1958–1972 |
| Taslim Olawale Elias | 1972–1975 |
| Darnley Arthur Alexander | 1975–1979 |
| Atanda Fatai Williams | 1979–1983 |
| George Sodeinde Sowemimo | 1983–1985 |
| Ayo Gabriel Irikefe | 1985–1987 |
| Mohammed Bello | 1987–1995 |
| Muhammad Lawal Uwais | 1995–2006 |
| Salihu Moddibo Alfa Belgore | 2006–2007 |
| Idris Legbo Kutigi | 2007–2009 |
| Aloysius Iyorgyer Katsina-Alu 2009–present |
Finally, here is a list of ALL the former or present members of the Supreme Court, give or take a few members of the present court. The notes speak for themselves again - for emphasis:
PAST JUSTICES OF THE SUPREME COURT (1954 - 2005)
1. SIR STAFFORD FOSTER-SUTTON (C.J.N.)
2. THE HON. MR. JUSTICE OLUMUYIWA JIBOWU
3. THE HON. MR. JUSTICE NAGEON DE LESTANG
4. THE HON. MR. JUSTICE MYLES JOHN ABOTT
5. SIR JOHN VERITY
6. THE HON. MR. JUSTICE PERCIVAL CYRIL HUBBARD
7. SIRADETOKUNBOADEMOLA(Past C.J.N.)
8. THE HON. MR. JUSTICE LIONEL BRETT
9. SIR LOUIS NWACHUKWU MBANEFO
10. SIR JAMES HENLEY COUSSEY
11. THE HON. MR. JUSTICE ROBERT YORKE HEDGES
12. THE HON. M.R. JUSTICE GEORGE FREDRICK DOVE-EDWIN
13. SIR THOMAS ALGERNON
14. THE HON. MR. JUSTICE SAMUEL OKAI QUASHIE-IDUN
15. SIR WILFRED HUGH HURLEY
16. SIR ALFRED JOHN AINLEY
17. THE HON. MR. JUSTICE SAMUEL ALEXANDER WILLIAM BELLAMY THE
18. HON. MR. JUSTICE WILLIAM ALGERNON HOLWELL DUFFUS THE HON.
19. MR. JUSTICE EDGAR IGNATIUS GODFREY UNSWORTH THE HON. MR.
20. JUSTICE JOHN IDOWU CONRAD TAYLOR
21. SIR VAHE ROBERT BAIRMIAN
22. THE HON. MR JUSTICE CHARLES DADI ONYEMA
23. THE HON. MR. JUSTICE EUGENE OLUFEMI ADEYINKA MORGAN
24. THE HON. MR. JUSTICE MICHAEL OGUEJIOFO AJEGBO
25. THE HON. MR. JUSTICE GEORGE BAPTIST AYODOLA COKER
26. THE HON. MR. JUSTICE CHUKWUWEIKE IDIGBE
27. THE HON, MR. JUSTICE IAN LEWIS
28. THE HON. MR. JUSTICE CHARLES OLUSOJI MADARIKAN
29. SIR UDO UDOMA
30 THE HON. MR. JUSTICE ATANDA FATAYI-WILLIAMS (Past C. J.N)
31. THE HON. MR. JUSTICE GEORGE SODEINDE SOWEMIMO (Past C.J.N)
32. THE HON. MR. JUSTICE TASLIM OLAWALE ELIAS (Past C.J.N.) ==> Bar to Supreme Court
33. THE HON. MR. JUSTICE DAN IBEKWE =======>Bar to Supreme Court/Left to become President of Appeal Court
34. THE HON. MR. JUSTICE AYO GABRIEL IRIKEFE (Past C.J.N)
35. SIR DARNLEY ARTHUR RAYMOND ALEXANDER (Past C.J.N.)
36. THE HON. MR. JUSTICE MOHAMMED BELLO (Past C.J.N.)
37. THE HON. MR. JUSTICE MAMMAN NASIR =====>Bar to Supreme Court/Left to become President of Appeal Court
38. THE HON. MR. JUSTICE ANDREWS OTUTU OBASEKI
39. THE HON. MR. JUSTICE KAYODE ESO
40. THE HON. MR. JUSTICE ANTHONY NNEMEZIE ANIAGOLU
41. THE HON. MR. JUSTICE BUBAARDO ======> Bar to Supreme Court/ Left to become Chief Judge of Gongola
42. THE HON. MR. JUSTICE AUGUSTINE NNAMANI ===> Bar to Supreme Court
43. THE HON. MR. JUSTICE BOONYAMIN OLADIRAN KAZEEM
44. THE HON. MR. JUSTICE DAHUNSI OLUGBEMI COKER
45. THE HON. MR. JUSTICE A.G. KARIBI-WHYTE
46. THE HON. MR. JUSTICE SAIDU KAWU
47 THE HON. MR. JUSTICE CHUKWUDIFU AKUNNE OPUTA
48. THE HON. MR. JUSTICE ABDUL GANIYU OLATUNJI AGBAJE
49 THE HON. MR. JUSTICE PHILLIP NNAEMEKA-AGU
50. THE HON. MR. JUSTICE ABUBAKARBASHIRWALI
51. THE HON. MR. JUSTICE EBENEZER BABASANYA GRAIG
52. THE HON. MR. JUSTICE OLAJIDE OLATAWURA
53. THE HON. MR. JUSTICE EPHARAIMIBUKUN AKPATA
54. THE HON. MR. JUSTICE UCHE OMO
55 THE HON MR. JUSTICE BOLARINWA OYEGOKE BABALAKJN
56 THE HON MR. JUSTICE PAUE KEMDTLIM NWOKEDI
57. THE HON. MR. JUSTICE MICHAEL EKUNDAYO OGUNDARE
58. THE HON. MR. JUSTICE EMMANUEL OBIOMA OGWUEGBU
59. THE HON. MR. JUSTICE SHEHU USMAN MOHAMMED
60. THE HON. MR. JUSTICE UTHMAN MOHAMMED, CON
61. THE HON. MR. JUSTICE YEKINI OLAYIWOLAADIO
62 THE HON. MR. JUSTICE ANTHONY IKECHUKWU IGUH
63. THE HON. MR. JUSTICE OKAY ACHJKE
64. THE HON. MR. JUSTICE SAMSON ODEMWING1E UWAIFO
65. THE HON. MR. JUSTICE EMMANUEL OLAYINKA AYOOLA
66. THE HON. MR. JUSTICE DENNIS ONYEJIFE EDOZIE
67. THE HON. JUSTICE MUHAMMADU LAWAL UWAIS, CJN.
68. THE HON. JUSTICE SALIHU MODIBO ALFA BELGORE, CJN
69. THE HON. JUSTICE SYLVESTER UMARU ONU, CON
1. SIR STAFFORD FOSTER-SUTTON (C.J.N.)
2. THE HON. MR. JUSTICE OLUMUYIWA JIBOWU
3. THE HON. MR. JUSTICE NAGEON DE LESTANG
4. THE HON. MR. JUSTICE MYLES JOHN ABOTT
5. SIR JOHN VERITY
6. THE HON. MR. JUSTICE PERCIVAL CYRIL HUBBARD
7. SIRADETOKUNBOADEMOLA(Past C.J.N.)
8. THE HON. MR. JUSTICE LIONEL BRETT
9. SIR LOUIS NWACHUKWU MBANEFO
10. SIR JAMES HENLEY COUSSEY
11. THE HON. MR. JUSTICE ROBERT YORKE HEDGES
12. THE HON. M.R. JUSTICE GEORGE FREDRICK DOVE-EDWIN
13. SIR THOMAS ALGERNON
14. THE HON. MR. JUSTICE SAMUEL OKAI QUASHIE-IDUN
15. SIR WILFRED HUGH HURLEY
16. SIR ALFRED JOHN AINLEY
17. THE HON. MR. JUSTICE SAMUEL ALEXANDER WILLIAM BELLAMY THE
18. HON. MR. JUSTICE WILLIAM ALGERNON HOLWELL DUFFUS THE HON.
19. MR. JUSTICE EDGAR IGNATIUS GODFREY UNSWORTH THE HON. MR.
20. JUSTICE JOHN IDOWU CONRAD TAYLOR
21. SIR VAHE ROBERT BAIRMIAN
22. THE HON. MR JUSTICE CHARLES DADI ONYEMA
23. THE HON. MR. JUSTICE EUGENE OLUFEMI ADEYINKA MORGAN
24. THE HON. MR. JUSTICE MICHAEL OGUEJIOFO AJEGBO
25. THE HON. MR. JUSTICE GEORGE BAPTIST AYODOLA COKER
26. THE HON. MR. JUSTICE CHUKWUWEIKE IDIGBE
27. THE HON, MR. JUSTICE IAN LEWIS
28. THE HON. MR. JUSTICE CHARLES OLUSOJI MADARIKAN
29. SIR UDO UDOMA
30 THE HON. MR. JUSTICE ATANDA FATAYI-WILLIAMS (Past C. J.N)
31. THE HON. MR. JUSTICE GEORGE SODEINDE SOWEMIMO (Past C.J.N)
32. THE HON. MR. JUSTICE TASLIM OLAWALE ELIAS (Past C.J.N.) ==> Bar to Supreme Court
33. THE HON. MR. JUSTICE DAN IBEKWE =======>Bar to Supreme Court/Left to become President of Appeal Court
34. THE HON. MR. JUSTICE AYO GABRIEL IRIKEFE (Past C.J.N)
35. SIR DARNLEY ARTHUR RAYMOND ALEXANDER (Past C.J.N.)
36. THE HON. MR. JUSTICE MOHAMMED BELLO (Past C.J.N.)
37. THE HON. MR. JUSTICE MAMMAN NASIR =====>Bar to Supreme Court/Left to become President of Appeal Court
38. THE HON. MR. JUSTICE ANDREWS OTUTU OBASEKI
39. THE HON. MR. JUSTICE KAYODE ESO
40. THE HON. MR. JUSTICE ANTHONY NNEMEZIE ANIAGOLU
41. THE HON. MR. JUSTICE BUBAARDO ======> Bar to Supreme Court/ Left to become Chief Judge of Gongola
42. THE HON. MR. JUSTICE AUGUSTINE NNAMANI ===> Bar to Supreme Court
43. THE HON. MR. JUSTICE BOONYAMIN OLADIRAN KAZEEM
44. THE HON. MR. JUSTICE DAHUNSI OLUGBEMI COKER
45. THE HON. MR. JUSTICE A.G. KARIBI-WHYTE
46. THE HON. MR. JUSTICE SAIDU KAWU
47 THE HON. MR. JUSTICE CHUKWUDIFU AKUNNE OPUTA
48. THE HON. MR. JUSTICE ABDUL GANIYU OLATUNJI AGBAJE
49 THE HON. MR. JUSTICE PHILLIP NNAEMEKA-AGU
50. THE HON. MR. JUSTICE ABUBAKARBASHIRWALI
51. THE HON. MR. JUSTICE EBENEZER BABASANYA GRAIG
52. THE HON. MR. JUSTICE OLAJIDE OLATAWURA
53. THE HON. MR. JUSTICE EPHARAIMIBUKUN AKPATA
54. THE HON. MR. JUSTICE UCHE OMO
55 THE HON MR. JUSTICE BOLARINWA OYEGOKE BABALAKJN
56 THE HON MR. JUSTICE PAUE KEMDTLIM NWOKEDI
57. THE HON. MR. JUSTICE MICHAEL EKUNDAYO OGUNDARE
58. THE HON. MR. JUSTICE EMMANUEL OBIOMA OGWUEGBU
59. THE HON. MR. JUSTICE SHEHU USMAN MOHAMMED
60. THE HON. MR. JUSTICE UTHMAN MOHAMMED, CON
61. THE HON. MR. JUSTICE YEKINI OLAYIWOLAADIO
62 THE HON. MR. JUSTICE ANTHONY IKECHUKWU IGUH
63. THE HON. MR. JUSTICE OKAY ACHJKE
64. THE HON. MR. JUSTICE SAMSON ODEMWING1E UWAIFO
65. THE HON. MR. JUSTICE EMMANUEL OLAYINKA AYOOLA
66. THE HON. MR. JUSTICE DENNIS ONYEJIFE EDOZIE
67. THE HON. JUSTICE MUHAMMADU LAWAL UWAIS, CJN.
68. THE HON. JUSTICE SALIHU MODIBO ALFA BELGORE, CJN
69. THE HON. JUSTICE SYLVESTER UMARU ONU, CON
The long and short of my explanation is that Justice Salami would be FOOLISH to accept the Greek gift, which has been offered in a bizarre political move.
And there you have it.
Bolaji Aluko
__________________________________________________-
On Sun, Feb 6, 2011 at 12:23 PM, <olakassimmd@aol.com> wrote:
SteveK and Dominic.
True!
Once the judiciary becomes mired in political issues
it begins to lose much of its credibility.
Chief Justice Katsina-Alo's plans to 'promote' Justice Salami
to the Supreme Court is as discreditable as Justice Salami's protest
letter is actionable--the letter could get him fired.
While the letter could be deemed necessary
under the circumstances he finds himself, the tone of the letter
is disrespectful to the office of Chief Justice of Nigeria.
Even worse is the fact that such a letter was leaked to the public.
Senior judicial officers in most other jurisdictions tend to
keep their affairs amongst themselves--not in Nigeria.
Could it be that there is more money to be made in the appellate court than in
the Supreme court?
Notwithstanding the above, I am unable to explain how BAT could have grandfathered
Justice Salami to the position of President Appellate Court of Nigeria!
Bye,
Ola-----Original Message-----
From: Stevek <stevek941@yahoo.com>
To: NaijaPolitics@yahoogroups.com; Mobolaji ALUKO <alukome@gmail.com>
Cc: USAAfrica Dialogue <USAAfricaDialogue@googlegroups.com>; NaijaPolitics e-Group <NaijaPolitics@yahoogroups.com>; OmoOdua <OmoOdua@yahoogroups.com>; ekiti ekitigroups <ekitipanupo@yahoogroups.com>; naijaintellects <naijaintellects@googlegroups.com>; nigerianid@yahoogroups.com <nigerianID@yahoogroups.com>
Sent: Sun, Feb 6, 2011 10:36 am
Subject: Re: [NaijaPolitics] Re: NigerianID | STAR REFUSAL: Salami Taku! (Salami Refuses...)
Dominic,Sad but absoltely true.
StevekWashington, DC, USA
A society of supine lambs breeds erect wolves. - StevekA wise man proportions his beliefs to the evidence - David Hume
From: Dominic Ogbonna <summadom@gmail.com>
To: Mobolaji ALUKO <alukome@gmail.com>
Cc: USAAfrica Dialogue <USAAfricaDialogue@googlegroups.com>; NaijaPolitics e-Group <NaijaPolitics@yahoogroups.com>; OmoOdua <OmoOdua@yahoogroups.com>; ekiti ekitigroups <ekitipanupo@yahoogroups.com>; naijaintellects <naijaintellects@googlegroups.com>; "nigerianid@yahoogroups.com" <nigerianID@yahoogroups.com>
Sent: Sun, February 6, 2011 9:22:50 AM
Subject: [NaijaPolitics] Re: NigerianID | STAR REFUSAL: Salami Taku! (Salami Refuses...)
I wish I could take sides on this one, but what we have here is the battle of the RIGGERS. Anybody following the case at all knows that Justice Salami himself is thoroughly compromised, having been Godfathered into the Presidency of the Appeal Court by Tinubu himself -who has also promised him a Governorship ticket when he retires from the Appeal Court.Whether you support Jonathan's plan to rig/or check rigging, or Tinubu's plan to rig/or check rigging, what we have at the end of the day is a rubbishing and politicisation of the Nigerian Judiciary. And that is NOT good.The question is;(a.) Is the President constitutionally allowed to create a new slot in the Supreme Court?(b.) Is justice Salami, a civil servant, constitutionally allowed to refuse a re-assignment from his boss? Can he say, "I have been appointed into this job, and I have decided on my own to stay on it till I die?Citing precedent can only go so far, because there is always a first time.DominicOn Sat, Feb 5, 2011 at 8:54 PM, Mobolaji ALUKO <alukome@gmail.com> wrote:
Dear All:The president of the Court of Appeal, Justice Isa Ayo Salami, has written to the Chief Justice of Nigeria (CJN), Justice Aloysius Katsina-Alu, rejecting any Greek-gift plan to elevate him to the Supreme Court. The letter that he signed and addressed to the CJN, who is also Chairman of the National Judicial Council, with reference number PAC/S.25/Vol.1/143 dated 4th February, 2011 had the heading "Offer of Appointment To Supreme Court-Rejection" is as follows:BEGINA few months ago, I heard of rumours going round that plans have been hatched in certain quarters to remove me from the post of President of the Court of Appeal. My reaction then was to dismiss these rumours as the talk shop gossip emanating from idle gossipers or mischief makers.Regretfully enough a few days ago, precisely on 2nd February, 2011 when I returned to Abuja from Ilorin where I had gone to attend the 8th day Fidau prayer of an aunt, information got to me that at the meeting of the Federal Judicial Service Commission held on 1st and 2nd February 2011, what was thought to be a rumour became a subject of serious discussion initiated by the Hon. Chief Justice of Nigeria.I was given to understand that even though the subject was not part of the agenda of the day, Your Lordship characteristically informed honourable members of the Council of your proposal to strengthen the Supreme Court by moving me to the Court and presumably to replace with your minion or stooge. It was sadly not deemed fit and proper to discuss the proposal with me.Perhaps, my view did not count for anything. Neither was it expedient or decorous to place such an important matter on the agenda. No council paper was substituted.Interestingly, however, it was alleged that in giving reasons for this disturbing action, the CJN said that the appointment would add value to the Supreme Court. He further assured Council members that I would not lose my seniority. I regret to say that I am not taken in.I am contented with being the President of the Court of Appeal. Indeed it is common knowledge that I had even in a more auspicious moment, declined for good reasons to be appointed to the Supreme Court. Nothing has changed since then. I prefer to remain in the Court of Appeal to continue to give service to the nation to the best of my ability.Finally, I prefer to follow in the wake of my worthy predecessors who inspite of their experiences retired as President of the Court of Appeal with their honour and reputation unsullied. The present unholy move to push me out of the Court of Appeal for whatever reason has no precedent in our legal history. I do not therefore think that it will be fair for the Chief Justice of Nigeria to seek to create a dangerous precedent which may give rise to chained reactions.Needless to say that the environment is already over heated and in a state of flux. Let no one do anything to disrupt the status quo. Nigeria is after all greater than all of us.I remain loyal and committed to the Federal Republic of Nigeria and the oath of my office.END
ALUKO COMMENTARYI am left only with the French exasperation: "C'est rigolo, c'est bizarre!" It is a clumsy political move that has blown up in the face of the CJN.Kudos to Salami....e taku bo ti ye!Bolaji Aluko_____________________________________________________________________________________________________________._,_.___Disclaimer:
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