Sunday, February 6, 2011

USA Africa Dialogue Series - STAR REFUSAL: Salami Taku! (Salami Refuses...)


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.
 
 
Stevek
Washington, DC, USA

A society of supine lambs breeds erect wolves. - Stevek
A 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.
 
 
Dominic

On 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:
 
 
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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