Reverberations Over PCA’s Removal

The hasty removal of the President of the Court of Appeal (PCA), Ayo Salami by the President of the Federal Republic of Nigeria and Commander In-Chief of  the Armed Forces, Dr. Goodluck Jonathan is perceived as an affront to the rule of law.

This is because the former PCA had gone to court to challenge the decision of the National Judicial Council (NJC) over his dispute with the Chief Justice of Nigeria (CJN) Katsina-Alu.

Unfortunately, while the matter is pending in court, President   Jonathan announced the removal of Salami. The truth of the matter is when arbitration fails, litigation becomes the next line of action.

Consequently, the removal of Salami is likely to render nugatory the outcome of the  adjudication. There is no gainsaying  that the rule of law  is better than the rule of man or that of self-help.

Oputa JSC (as he then was) had captured this in his obiter in  Ojukwu V. the Governor of Lagos, when he stated, “where the rule of law operates, the rule of self-help is abandoned”.

Regrettably, more than a decade after the end of military, the rule of self-help  still finds expression even in the row between the nation’s highest judicial officers.

Interestingly, the Nigerian Bar Association, Nigeria Labour Congress, and other professional bodies are united against the affront to the rule of law.

Despite the posturing of these bodies, both President Goodluck Jonathan and Katsina-Alu are undaunted.

Speaking with The Tide, a Port Harcourt- based legal practitioner, Chijoke  Agi Esq, said rule of law would continue to receive similar bashing unless steps are taken to ensure that political office holders do not violate the law.

According to him, “the appointment of an acting President of the Court of Appeal while there is a matter  in court, is a slap in the face of law. Right thinking members of the society must ensure that this does not continue.

“When the rule of law is violated with impunity, it is the society that suffers. We are all victims. Unless something is done, it becomes a vicious circle. You know whatever goes round comes round. I think President Jonathan was not properly advised on this matter”, Agi stated.

He noted that  the dispute between the former PCA  and CJN was so grave that it could not be swept under the carpet.

“As ministers in the temple of justice, we want to know whether our judiciary is still walking on the path of rectitude. That is why one would not  blame Ayo Salami for going to court. The court should remain the last hope of the common man,” he noted.

On the thirty lawyers that received the award of Senior Advocate of Nigeria (SAN), in spite  of the warning of the NBA, Agi said it was up to them to do what they pleased but noted that the bar would sanction them.

Abuja based legal  practitioner, Abraham Olalekun, who attended  the bar conference in Port Harcourt, expressed regret that the CJN had had his way in the matter in spite of grave allegations against him.

He said Katsina-Alu, who would be retiring in September, had taken  a pound of flesh from the former PCA for daring to speak the truth.

Olalekum said the allegations of corruption  in our judiciary ought to be tested in a competent court of law.

According to him, “justice is denied  when right thinking people go home thinking the judge was biased. The smark of bias is visible and, indeed, regrettable in the matter between the PCA and CJN. If settlement is not reached in the course of arbitration or any other pacific means of resolving dispute,  adjudication becomes imminent  instead of resorting to self-help, he noted.

“I think the President should recall the PCA and allow justice to prevail instead of self-help. We want to watch our judiciary develop”, Olalekun stated.

The NJC may have done its best, but since  its best is not good enough to Salami, he has the right to seek redress. We must appreciate the fact that there is a great need for our  judicial system to be sanitised,” he further noted.

Another lawyer, Samuel Apekun, who spoke with The Tide, said the row between Ayo Salami  and Katsina –Alu was regrettable.

He said such high ranking justices ought to have known how to settle their disputes instead of allowing it to worsen.

Apekun noted that Salami ought  to have given peace a chance  upon the decision of the NJC but noted that he was entitled to his opinion.

He, however, condemned the hasty removal of the former PCA.

According to him, “President Jonathan ought to have waited for the decision of the court before removing the PCA. On the alternative, let the  PCA, Ayo Salami be reinstated until the determination of the matter in court.

“I want to align myself with the position of the NBA with regard to the dispute between the former PCA and CJN. Justice must not be seen to be done, it must be done,” said.

He criticised the newly appointed SAN for flouting the decision of the NBA, but noted  that as recipients of such high honour, their selfishness was understandable.

Mr. Apekun said there was need for lawyers, whether in the bar or bench, to live above board.

He expressed regret the festering corruption in the country had affected even in the hallowed temple of justice.

The Abuja-based legal practitioner also called on his learned colleagues to be upright in their efforts at nation-building.

“We must remake Nigeria, it is the only country we have,” he stated.

Chidi Enyie