THE RETURN OF JUSTICE ISA AYO SALAM
THE RETURN OF JUSTICE ISA AYO SALAM
By:
Nurudeen Dauda
September 28,2017
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We do hope that the recent move by the Judiciary towards tackling the "cancer" called "corruption" is a genuine one not a "window dressing". President Buhari has once been described by some analysts as the "Foster Child" for Anti- Corruption War, but last week when the Chief Justice of Nigeria, CJN gave directives to the "Judges" on the establishment of designated Special Courts for the trial of Corruption cases one hopes that, In Chief Justice Walter Onnoghen , Anti-Corruption War now has a Team- player.
Moreover, the National Judicial Council headed by the CJN has appointed a former President of the Court of Appeal ,Justice Isa Ayo Salami (retd ) to head its 15 -member Corruption and Financial Crime Cases Trial Monitoring Committee. In my view, for the Anti- Corruption war to be fought successfully under a Democratic Government the three arms of Government must key into it with all sincerity.
Justice Salami had during his reign delivered some landmark Judgments on elections cases which were mostly against the then ruling party which made some politicians from then ruling party alleged that he always favoured the opposition. It would be recalled that Justice Salami upturned governorship elections in Osun, Ekiti and Edo States in favour of the then ACN governors. However, in my view, if Justice Salami had compromised in those Judgements, it ought to have favoured the ruling party not the opposition party. In my assumption, the ruling party is in a better financial position to pay higher prices.
Justice Salami was controversially removed from the Judiciary by the President Jonathan's administration. Justice Salami was said to have rejected his "promotion" from being the President of Court of Appeal to becoming a Judge in the Supreme Court in 2011. It was alleged that his promotion to the Supreme Court was to pave way for the appoint of a stooge in the Appeal Court.
Justice Salami was described as principled and highly courageous Judge. Justice Salami whose leadership of the Court of Appeal has been described by lawyers as “inspiring” and “exemplary" with an established reputation for fearless judgments even against the then ruling party.Justice Salami has been adjudged as one of the incorruptible members of the bench in his time.
Justice Salami was Suspended by President Jonathan's administration on the recommendation of the National Judicial Council, but ironically the administration of President Jonathan refused to reinstate him after the NJC had lifted the suspension up to his retirement period.
Dr Umar Ardo, a former lecturer at the Nigerian Defence Academy once said:
"President Jonathan lost the election from that Sunday he removed Justice Salami as President Court of Appeal, because that act effectually ended the secret alliance between Jonathan’s PDP and Tinubu’s ACN. More importantly, it handed over Tinubu’s ACN to Buhari’s CPC for the APC merger. The reason is of the then six ACN- controlled states, only Lagos was by INEC’s pronouncement; the rest was by tribunals’ pronouncements headed by Justice Salami as President, Court of Appeal. So Salami’s brazen removal obviously was a serious affront to the ACN. The causal causation is this- without CPC going to tribunal, Salami wouldn’t have been removed; without Salami’s removal, ACN would not have been thrown into the arms of Buhari, without which there would’ve been no merger, and without which the incumbent wouldn’t have been defeated" - (Daily Trust, June 14, 2017).
Dr Ardo's assertion was in reactions to the two books written by Professor Emeritus, John Paden and Mr Segun Adeniyi, former Spokesman to the late President Yar'adu on why the incumbent lost the 2015 General Elections. Dr Ardo argued from the point of view of why and how an incumbent lost re-election.
On the other hand, for me, l looked at it from another angle. My observation was that Justice Salami was a courageous Judge who could pass Judgment even against the ruling party.
However, Justice Salami's 15-man committee has the following assignments: “The Committee’s primary functions include; Regular monitoring and evaluation of proceedings at designated courts for financial and economic crimes nationwide; Advising the Chief Justice of Nigeria on how to eliminate delay in the trial of alleged corruption cases; Giving feedback to the Council on progress of cases in the designated courts, conduct background checks on judges selected for the designated courts; and Evaluating the performance of the designated courts,” said: Director of Information of the NJC, Mr . Soji Oye.
In my modest suggestion, apart from having Special Courts for corruption cases, we also need a collaboration between the "Judicial" and the "Executive" arms of Government in order to carefully "select" Judges with proven Integrity to head the Courts.
Similarly, we also need a "Time- frame " within which Judgement on corruption cases must be passed like in the elections tribunals in order to avoid delay tactics by both the "Judges " and "Lawyers ". To have a " Time- frame on corruption cases, the legislative arm of Government must also key into the Anti- corruption war in order to provide some legislative back up. The legislative arm must not be left out in the war.
In my humble opinion, having Special Courts for Anti- Corruption Trials will go along way in facilitating speedy dispensation of Justice on Corruption cases . Some Judges usually cite the issues of congestion in the Courts as the reason for slow dispensation of Justice, therefore, with this it will certainly reduce congestion.
We do hope that the committee will work with patriotic zeal. We equally hope that CJN will act on the committees recommendations.
May God bless Nigeria!