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:
BEGIN
A 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 COMMENTARY
I 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
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