Salami
• President weighs options to save judiciary
The fate of the suspended President of the Court of Appeal,Justice Isa Ayo Salami,is now in the hands of President Goodluck Jonathan.
The report of the 29-member Stakeholders Judicial Reform Committee set up by the Chief Justice of Nigeria, Justice Dahiru Musdapher, was submitted to the president last Tuesday for his consideration and decision.
Justice Salami was suspended by the National Judicial Commission at its 7th emergency meeting in August last year for allegedly violating judges’ Code of Conduct.
The President is expected to study the report and decide on the recommendations of the panel, especially the committee’s plea for the reinstatement of the suspended President of the Court of Appeal.
The recommendations of the panel were sent to the President for final consideration on Tuesday.
A top government official, who pleaded not to be named because he is not in a position to speak with the media, said: "I am aware the CJN has sent the report and recommendations to the President, who is the final arbiter in this case.
"A thorny point in the recommendations is the recall of the President of the Court of Appeal, Justice Isa Ayo Salami, who has been on suspension since 18th August, 2011.
"The decision to suspend Salami was reached at the 7th Emergency Meeting of the National Judicial Council.
"The issues before the President border on the specifics in the report on the recommendation for the reinstatement of Salami; whether the suspended judge actually violated the Code of Conduct that a judge must abide with and if he ought to have been suspended since the matter was subjudice.
"A sub-committee of the panel, including Justice Mamman Nasir, Justice U. Kalgo and Justice Bola Ajibola, had asked the CJN and the National Judicial Council to reinstate Salami back to his position.
"I think the President is weighing the options because of the crisis of confidence which Salami’s suspension ignited in the Bench and in the Bar. Even political parties were left divided.
"There is also a task imposed on the President by the panel to reconcile the immediate past Chief Justice of Nigeria, Justice Katsina-Alu and Salami."
Of importance to the President, said the source, is the fact that he wants to effect major reforms in the judiciary. Many far-reaching recommendations have been made by Justice Muhammadu Uwais Panel, including public screening of judges before they are appointed.
"I think in the next few weeks, the President will make up his mind, reunify the judiciary and chart a reform course for our judiciary, "the source said.
Some of the other recommendations to be considered by the President are: public scrutiny of judges; appointment of CJN from outside the rank of Justice of Supreme Court to be considered by the Federal Judicial Service Commission; need to reform the system of appointment of judges by giving preference to court room experience and decision in legal practice; whether to increase the minimum years of experience required of a legal practitioner to qualify for appointment as a High Court from 10 years to 15 years post call experience, 20 years post call experience for Court of Appeal and 25 years post call experience for Supreme Court; NJC should sanction Judges who are found not to be performing. Such sanction should include removal, where applicable. Need for sanction to be imposed for contempt ex-satiae curiae; to reduce the backlog of criminal cases, retired Judges and senior member of he Bar should be appointed for a limited period of time to act as recorders (adhoc Judges) to adjudicate on criminal cases; and the criminal procedure laws in Nigeria are outdated and recommended to be modernised and amended.
The panel also recommended that Attorney General of the Federation and the Attorney General of states should cease to be members of the Federal Judicial Service Commission or committee as the case may be.
The 29-member stakeholders Judicial Reform Committee raised by Chief Justice of Nigeria was (CJN) Dahiru Musdapher on October 14, 2011.
Members of the committee include former CJNs; S.M.A. Belgore, Idris L. Kutigi and A.I. Katsina-Alu, Mamman Nasir, A.G. Karibi-Whyte, Mustapha Akanbi, Umaru Abdullahi , Kayode Eso, Umaru A. Kalgo, Rose N. Ukeje.
Others are Justice R.P.I. Bozimo, Justice Lawal Hassan Gummi, Joseph Daudu, SAN, Chief Richard O.Akinjide SAN, Alhaji Abdullahi Ibrahim, SAN, Dr. A.G.F. AbdulRazak, (SAN) and Anthony O. Mogboh, SAN.
It also included former NBA Presidents; T.J.O. Okpoko, Wole Olanipekun (SAN), O.C.J. Okocha (SAN), Olisa Agbakoba (SAN), Oluwarotimi O. Akeredolu (SAN) and Prince Lanke Odogiyan, Esq.
The rest are Hajiya Hairat Balogun, Prof. Epiphany Azinge, SAN, (Director-General, NIALS), Dr. Mamman Tahir (Director-General, Nigerian Law School) and Mr. A.B. Mahmud (SAN).
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