Closed! Case Closed …As NJC Clears CJN of PCA Claims

At long last, the clouds of doubt raised around the supposed unbendable integrity of the apex league of the nation’s judicial echelon settled, with the chilling sound of the gavel -case closed.

Were it to be in the Americas, there would be a caution beneath the extra judicial flick: Please Don’t Try This At Home.

Last week, the National Judicial Council (NJC) finally exonerated its chairman, the Chief Justice of Nigeria (CJN), Hon Justice Aloysius Katsina-Alu, GCON, from any allegation of official corruption, after months of bad-blood between the CJN and the President, Court of Appeal (PCA), Justice Ayo Isa Salami, which indeed cast very unsettling aspersions on the integrity of the two topmost law officers.

To be sure, and not be confused by the acronyms, its important to note that the NJC’s reversed opposite is CJN, the former, meaning National Judicial Council and the latter CJN, meaning, Chief Justice of Nigeria and bonafide head of the CJN.

The crux of the matter was that the PCA, Justice Salami had early this year, claimed (not accused), that the CJN had asked him to compromise the then Sokoto State Governorship Election Appeal Panel, and that way sought to influence the Appeal Court’s decision in favour of a party.

This was at a time when, the fear of the Court of Appeal, among politicians was the true beginning of wisdom,as the appellate court swept out one incumbent governor to another in the South-West and South-South, before attempting a go at the Sokoto example.

Strangely, the appeal judgement which was largely rumoured to be ready was no longer to be heard for reasons not many laymen of our ilk were privileged enough to fathom.

And then bang! President of the Appeal Court raises the alarm that his court (the Appeal tribunal) had been restrained from delivering its judgement on the Sokoto appeals because the CJN,  Justice Aloysius Katsina-Alu had urged them to put it on hold, or away, sine die inferring that the CJN was not comfortable with the direction justice was tilting towards, and that being so disturbed, decided to exercise his powers, subtly though, to truncate justice.

Trust Nigerians. For hot debates. Why? Why should  he , No! if its true, he should be impeached, (who elected him?), it does not matter, ok, let the National Judicial Council, (NJC) the highest disciplinary body of the Bench and Bar, in the land hear the case. That’s when many were certain perjury will be punished, interference, condemned and false alarmist indicted.

So deafening was the collection of comments by Nigerians that virtually all anxiously waited patiently for the verdict of the NJC, which eventually came up with what was largely expected by experts, not the blabbing lay-lot. No offence committed by the CJN, said the NJC.

In an official statement released to newsmen in Abuja by Deputy Director, (Information) NJC, Soji Oye, himself a lawyer, cleared Justice Katsina-Alu of wrongdoing, stating that the CJN acted in good faith and in the best interest of justice.

The NJC therefore, found the PCA, Justice Salami, guilty of false claims and thus in breach of Rule 1 (1) of the Code of Conduct for judicial officers of the Federal Republic of Nigeria.

Consequently, the Council ordered Salami to issue an apology in writing to his boss, Katsina- Alu and indeed the NJC for (making) false complaints which brought the judiciary into disrepute.

On other issues concerning the handling of appeals from Ekiti and Osun states, the NJC searched very hard but found no evidence of misconduct.

To be sure, NJC unambiguously stated that it also,  “ found that the call logs relied upon by the said protesters were without any good evidence to rope-in members of the Appeal panel. Simply put, the Court of Appeal which Justice Salami superintended over, committed no offence of official corruption in the cases decided in Ekiti and Osun but also that the Sokoto judgement which was stalled on account of the CJN’s directive cannot also be held against Justice Katsina-Alu. It will instead be held against the PCA, Justice Isa Salami for raising a false alarm that he was being influenced.

In view of the seriousness of the issues, especially as they affected the integrity of the Judiciary, the NJC statement explained, “The National Judicial Council at its 6th Emergency Meeting which held on August 9, 2011, deliberated on the two separate reports of its committees on the allegations leveled against the Hon. Chief Justice of Nigeria, Hon Justice Aloysius Katsina-Alu (GCON, the President, Court of Appeal, Hon Justice Isa Ayo Salami, OFR and some Hon Justices of the Court of Appeal.

At the end of the deliberations, the  Council decided as follows:

(I)        That the allegations made by the Hon President, Court of Appeal, Hon Justice Isa Ayo Salami, OFR that the Hon Chief Justice of Nigerian, Hon Justice Alloysius Katsina-Alu, GCON, instructed him to direct the Sokoto gubernatorial appeal to dismiss the appeal by the Democratic Peoples Party of Nigerian is not true.

(ii) The council found that the Hon Chief Justice of Nigeria acted in good faith and was motivated by the apparent urge to protect the administration of justice and avoid breach of peace when he directed that judgment in the Sokoto gubernatorial appeal be ‘put on hold’ pending the investigation of the petitions , he had received on the  matter. Therefore, the Hon Chief Justice of Nigeria was exonerated of the allegations of interference with court proceedings in the Sokoto State Gubernatorial Election Appeal;

(iii) That the Hon Justices of Court of Appeal who served on the Sokoto State Governorship Appeal panel, namely, Hon Justice Musa Dattijo Mohammed, Paul A Galinjie, John Inyang Okoro, Mas’oud Oredola and Regina O. Nwodo, have no issue to answer.

(iv) That Hon Justice Isa Ayo Salami, OFR and other Justices who served on the Ekiti and Osun States Gubernatorial Election Petition Appeal Tribunal namely: Justices Clara Bata Ogunbiyi, O. Ariwoola, Chimsu Centus Nweze and Adamu Jauro have no “issue” to answer as it found that the call-logs relied upon by the petitioners lacked authenticity and evidential value and therefore, no sufficient evidence to establish unethical communication between them.

(v) Having therefore established that, the allegation, complaint by the Hon President, Court of Appeal, Hon Justice Isa Ayo Salami (OFR), against the Hon Chief Justice of Nigeria, Hon Justice Aloysius Katsina-Alu, GCON, regarding the Sokoto gubernatorial election appeal was false. FALSE? UNDER OATH?

Yet, Council decided that although the manufacturing of such falsehood amounted to a misconduct, contrary to Rule 1 (1) of the Code of Conduct for judicial officers of the Federal Republic of Nigeria, the President, Court of Appeal should

(i)         Be warned for such unethical conduct which eroded the public confidence in the integrity and impartiality of the judiciary and,

(ii)        Apologise in writing to both the Hon Chief Justice of Nigeria and chairman of the National Judicial Council, Hon Justice Aloysius Katsina-Alu, GCON, and National Judicial Council within a week from August 10, 2011.

Not sure if the ‘punishment’ is indeed commensurate to the gravity of the ‘offence’. For instance, the PCA, Hon Justice Salami had on February 8, 2011 gone to the Federal High Court, Abuja, Division to challenge what he described as his “unsolicited elevation” to the apex court by the CJN.

In that suit, Salami listed the Chief Justice of Nigeria, CJN, the Attorney-General of the Federation (AGF) and Federal Judicial Service Commission (FJSC) As Defendants.

In the affidavit, the PCA deposed to personally, Salami had alleged that the  CJN asked him to compromise the Court of Appeal’s verdict on the protracted Sokoto governorship legal tussle by either disbanding the original panel, which Katsina –Alu believed was about to give a verdict adverse to the governor’s interest or direct the panel to give judgement in the governor’s favour.

Infact, Salami imputed that his unsolicited elevation to a Supreme Court Justice, was a ‘Greek Gift’ intended by the CJN to punish him for even thinking of disobeying his (Katsina-Alu’s) orders.

Methinks these are serious allegations, the outcome of which investigation ought to have risen-up to the hype of integrity damage it sought to mend and not make it appear like an adult’s jaundiced look into another thieving adult’s bag. Seeing Nothing!

My Agony is that up till now, some Nigerians do not know that a good court judgment is the one which takes into cognisance imminent security challenges and not merely, the facts of the case.

Withholding the Sokoto verdict is as legal as an armed robbery victim looking into the eyes of the assailant and pronouncing a not guilty verdict. Its that reasonable.