On this Matter of the Refusal of Justice Salami to be Demoted to the Supreme Court {Re: STAR REFUSAL: Salami Taku! (Salami Refuses...)

[Mobolaji ALUKO]

 

 

Dear Ola and fellow compatriots:

 

One of the things that we in the Nigerian community must always strive to do is to get our historical facts straight before jumping into conclusions about issues.

 

In the matter at hand, asking Justice Salami to go from the President of the Appeal Court to be in the Supreme Court - if not the Chief Justice - APPEARS to be a LATERAL MOVEMENT, not a promotion, but is in fact a DEMOTION. 

 

Here is what you will find on the website of the Appeal Court of Nigeria:

 

QUOTE

 

http://65.108.205.8/

In the Judicial hierarchy in the Federal Republic of Nigeria, the Court of Appeal is the second highest Court in the country. That is next to the Supreme Court of Nigeria.

The Court was established in 1976 and was then called Federal Court of Appeal. The enabling Act establishing the Court is referred to as Federal Court of Appeal Act. 1976, which came into effect on 1st October 1976. Initially the number of justices of the Court, including the President of the Court was fixed at thirty-six. In the order of Judicial Precedence, the President of the Court shall rank equal to a Justice of the Supreme Court and the other Justices of the Court shall rank next to the Justice of Supreme Court.

The Court is primarily an appellate Court and the Court shall be duly constituted for the purpose of hearing and determining any appeal. Whether Civil or Criminal, if it consists of at least three Justices.

UNQUOTE

 

So at the very minimum, it is a lateral movement.

 

In fact, in one sense, it is a DEMOTION, since he is currently PRESIDENT of a 36-member Appeal Court, but as a Supreme Court member, he will be just like a 15-member Supreme Court.

 

Here is a second sense in which it is a DEMOTIOIN.  Here is the list of previous Presidents of the Appeals Court:

1. The Late Hon. Justice D.O Ibekwe (President 1976-1978)   =====>  from being Justice of the Supreme Court
2. The Hon. Justice M. Nasir GCON (President 1978-1992)  =======> from being Justice of the Supreme Court 1975-78
3. The Hon. Justice M.M.A Akanbi (President 1992-1999)
4. The Hon. Justice Umaru Abdullahi, CON (President 1999-2009)
5. The Hon. Justice I.A Salami (President 2009-Date)

Dan Ibekwe and Mamman Nasir (aloong with Taslim Elias and Augustine Nnamani) had the DISTINCT privilege of being appointed STRAIGHT from the bar to the Supreme Court - ie were never once judges before their appointment to the Supreme Court. .  But most interestingly, we have had Justices moving from the Supreme Court to the Court of Appeal or even to the High court.   Hon. Justices  Mamman Nasir, Buba Ardo and Dan Ibekwe are examples of these.  

 

So we see that of the four Presidents of the Appeals Court before Salami, only two (Dan Ibekwe, famous Biafran prisoner throughout the war, later Federal Attorney General; and Mamman Nasir) ever graced the Supreme Court. However, notice that Justice Mamman Nasir  (the present Galadinma Katsina) was FIRST Justice of the Supreme Court from 1975-78, BEFORE being made President of the Appeals Court, a position he held from 1978-1992.  Same kind of move occurred to Dan Ibekwe. 

 

So they must have considered that a PROMOTION obviously.  In fact, even in the 1970s, Justice Buba Ardo preferred chief judgeship of Gongola State to his seat on the Supreme Court and quit to take that.

 

Now here is the list of the current members of the Supreme Court:

 

http://en.wikipedia.org/wiki/Supreme_Court_of_Nigeria 

 

	Name	Term
Chief Justice	A. I. Katsina-Alu (2009-incumbent)	2007–incumbent
Associate Justice	Sylvester Umaru Onu	1993–incumbent
Associate Justice	A. I. Katsina-Alu	1998–incumbent
Associate Justice	F. F. Tabai	1999–incumbent
Associate Justice	Niki Tobi	2002–incumbent
Associate Justice	Dahiru Musdapher	2003–incumbent
Associate Justice	G. A. Oguntade	2004–incumbent
Associate Justice	Sunday A. Akintan	2004–incumbent
Associate Justice	A. M. Mukhtar	2005–incumbent
Associate Justice	Mahmud Mohammed	2005–incumbent
Associate Justice	Walter Samuel Nkanu Onnoghen	2005–incumbent
Associate Justice	Ikechi Francis Ogbuagu	2005–incumbent
Associate Justice	Ibrahim Tanko Muhammad	2007–incumbent
Associate Justice	Pius Olayiwola Aderemi	2007–incumbent
Associate Justice	Christopher Michael Chukwuma-Eneh	2007–incumbent

 

Not one of them used to be a President of the Appeals Court...

 

And these are the previous/curent Supreme Court Chief Justices - not ONE of them has been a former President of the Appeal Court:

 

Chief Justices of the Supreme Court of Nigeria

Chief Justice	Term
Adetokunbo Ademola	1958–1972
Taslim Olawale Elias	1972–1975
Darnley Arthur Alexander	1975–1979
Atanda Fatai Williams	1979–1983
George Sodeinde Sowemimo	1983–1985
Ayo Gabriel Irikefe	1985–1987
Mohammed Bello	1987–1995
Muhammad Lawal Uwais	1995–2006
Salihu Moddibo Alfa Belgore	2006–2007
Idris Legbo Kutigi	2007–2009
Aloysius Iyorgyer Katsina-Alu   2009–present

 

 

Finally, here is a list of ALL the former or present members of the Supreme Court, give or take a few members of the present court.  The notes speak for themselves again - for emphasis:

 

PAST JUSTICES OF THE SUPREME COURT (1954 - 2005)
1.         SIR STAFFORD FOSTER-SUTTON (C.J.N.)
2.                    THE HON. MR. JUSTICE OLUMUYIWA JIBOWU
3.                    THE HON. MR. JUSTICE NAGEON DE LESTANG
4.             THE HON. MR. JUSTICE MYLES JOHN ABOTT
5.                    SIR JOHN VERITY  
6.             THE HON. MR. JUSTICE PERCIVAL CYRIL HUBBARD
7.                    SIRADETOKUNBOADEMOLA(Past C.J.N.)  
8.                    THE HON. MR. JUSTICE LIONEL BRETT
9.                    SIR LOUIS NWACHUKWU MBANEFO 
10.                 SIR JAMES HENLEY COUSSEY    
11.          THE HON. MR. JUSTICE ROBERT YORKE HEDGES  
12.                 THE HON. M.R. JUSTICE GEORGE FREDRICK DOVE-EDWIN
13.                 SIR THOMAS ALGERNON
14.          THE HON. MR. JUSTICE SAMUEL OKAI QUASHIE-IDUN
15.                 SIR WILFRED HUGH HURLEY      
16.          SIR ALFRED JOHN AINLEY    
17.                 THE HON. MR. JUSTICE SAMUEL ALEXANDER WILLIAM BELLAMY THE
18.                 HON. MR. JUSTICE WILLIAM ALGERNON HOLWELL DUFFUS THE HON.
19.          MR. JUSTICE EDGAR IGNATIUS GODFREY UNSWORTH THE HON. MR.
20.          JUSTICE JOHN IDOWU CONRAD TAYLOR
21.                 SIR VAHE ROBERT BAIRMIAN
22.          THE HON. MR JUSTICE CHARLES DADI ONYEMA
23.          THE HON. MR. JUSTICE EUGENE OLUFEMI ADEYINKA MORGAN
24.                 THE HON. MR. JUSTICE MICHAEL OGUEJIOFO AJEGBO
25.                 THE HON. MR. JUSTICE GEORGE BAPTIST AYODOLA COKER
26.                 THE HON. MR. JUSTICE CHUKWUWEIKE IDIGBE
27.                 THE HON, MR. JUSTICE IAN LEWIS
28.                 THE HON. MR. JUSTICE CHARLES OLUSOJI MADARIKAN
29.                 SIR UDO UDOMA
30                  THE HON. MR. JUSTICE ATANDA FATAYI-WILLIAMS (Past C. J.N)
31.                 THE HON. MR. JUSTICE GEORGE SODEINDE SOWEMIMO (Past C.J.N)
32.                 THE HON. MR. JUSTICE TASLIM OLAWALE ELIAS (Past C.J.N.) ==> Bar to Supreme Court
33.          THE HON. MR. JUSTICE DAN IBEKWE =======>Bar to Supreme Court/Left to become President of Appeal Court
34.                 THE HON. MR. JUSTICE AYO GABRIEL IRIKEFE (Past C.J.N)
35.                 SIR DARNLEY ARTHUR RAYMOND ALEXANDER (Past C.J.N.)
36.                 THE HON. MR. JUSTICE MOHAMMED BELLO (Past C.J.N.)
37.                 THE HON. MR. JUSTICE MAMMAN NASIR =====>Bar to Supreme Court/Left to become President of Appeal Court
38.                 THE HON. MR. JUSTICE ANDREWS OTUTU OBASEKI            
39.                 THE HON. MR. JUSTICE KAYODE ESO
40.          THE HON. MR. JUSTICE ANTHONY NNEMEZIE ANIAGOLU
41.                 THE HON. MR. JUSTICE BUBAARDO ======> Bar to Supreme Court/ Left to become Chief Judge of Gongola
42.                 THE HON. MR. JUSTICE AUGUSTINE NNAMANI ===> Bar to Supreme Court
43.          THE HON. MR. JUSTICE BOONYAMIN OLADIRAN KAZEEM
44.          THE HON. MR. JUSTICE DAHUNSI OLUGBEMI COKER
45.          THE HON. MR. JUSTICE A.G. KARIBI-WHYTE
46.                 THE HON. MR. JUSTICE SAIDU KAWU
47                  THE HON. MR. JUSTICE CHUKWUDIFU AKUNNE OPUTA
48.                THE HON. MR. JUSTICE ABDUL GANIYU OLATUNJI AGBAJE
49           THE HON. MR. JUSTICE PHILLIP NNAEMEKA-AGU  
50.          THE HON. MR. JUSTICE ABUBAKARBASHIRWALI
51.          THE HON. MR. JUSTICE EBENEZER BABASANYA GRAIG
52.          THE HON. MR. JUSTICE OLAJIDE OLATAWURA
53.                 THE HON. MR. JUSTICE EPHARAIMIBUKUN AKPATA
54.          THE HON. MR. JUSTICE UCHE OMO
55           THE HON MR. JUSTICE BOLARINWA OYEGOKE BABALAKJN
56           THE HON MR. JUSTICE PAUE KEMDTLIM NWOKEDI
57.          THE HON. MR. JUSTICE MICHAEL EKUNDAYO OGUNDARE
58.                 THE HON. MR. JUSTICE EMMANUEL OBIOMA OGWUEGBU
59.          THE HON. MR. JUSTICE SHEHU USMAN MOHAMMED
60.          THE HON. MR. JUSTICE UTHMAN MOHAMMED, CON
61.                 THE HON. MR. JUSTICE YEKINI OLAYIWOLAADIO
62                  THE HON. MR. JUSTICE ANTHONY IKECHUKWU IGUH
63.          THE HON. MR. JUSTICE OKAY ACHJKE
64.          THE HON. MR. JUSTICE SAMSON ODEMWING1E UWAIFO
65.          THE HON. MR. JUSTICE EMMANUEL OLAYINKA AYOOLA
66.          THE HON. MR. JUSTICE DENNIS ONYEJIFE EDOZIE
67.                 THE HON. JUSTICE MUHAMMADU LAWAL UWAIS, CJN.
68.                 THE HON. JUSTICE SALIHU MODIBO ALFA BELGORE, CJN
69.                 THE HON. JUSTICE SYLVESTER UMARU ONU, CON                     

The long and short of my explanation is that Justice Salami would be FOOLISH to accept the Greek gift, which has been offered in a bizarre political move.

 

And there you  have it.

 

 

 

Bolaji Aluko

 

__________________________________________________-

On Sun, Feb 6, 2011 at 12:23 PM, <olaka...@aol.com> wrote:

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 <stev...@yahoo.com>
To: NaijaP...@yahoogroups.com; Mobolaji ALUKO <alu...@gmail.com>
Cc: USAAfrica Dialogue <USAAfric...@googlegroups.com>; NaijaPolitics e-Group <NaijaP...@yahoogroups.com>; OmoOdua <Omo...@yahoogroups.com>; ekiti ekitigroups <ekiti...@yahoogroups.com>; naijaintellects <naijain...@googlegroups.com>; niger...@yahoogroups.com <niger...@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 <summ...@gmail.com>
To: Mobolaji ALUKO <alu...@gmail.com>
Cc: USAAfrica Dialogue <USAAfric...@googlegroups.com>; NaijaPolitics e-Group <NaijaP...@yahoogroups.com>; OmoOdua <Omo...@yahoogroups.com>; ekiti ekitigroups <ekiti...@yahoogroups.com>; naijaintellects <naijain...@googlegroups.com>; "niger...@yahoogroups.com" <niger...@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 <alu...@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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[olaka...@aol.com]

 

Bolaji:

 

Thanks for the name and data crunching.

The picture is clearer now.

 

My only disappintment-- (as a proud

father of three daughters) with the information provided--

is that the entire roster reads like an

old boys club--competent no doubt, but one that has not really not worked hard

enough to include many more women in the upper echelons

of the judiciary.

 

Let's hope that this will change soon!

 

It had better be or I'll have Lady Joan and other bright young Nigerian women

from all professional fields on their case.

 

Bye,

 

Ola

From: Mobolaji ALUKO <alu...@gmail.com>
To: Dominic Ogbonna <summ...@gmail.com>
Cc: usaafric...@googlegroups.com; NaijaP...@yahoogroups.com; Omo...@yahoogroups.com; ekiti...@yahoogroups.com; naijain...@googlegroups.com; niger...@yahoogroups.com <niger...@yahoogroups.com>; Naija Elections <naijael...@yahoogroups.com>; nigerianobserver <nigerian...@yahoogroups.com>; NigerianWorldForum <NIgerianW...@yahoogroups.com>
Sent: Sun, Feb 6, 2011 6:16 pm
Subject: [NaijaPolitics] Re: NigerianID | On this Matter of the Refusal of Justice Salami to be Demoted to the Supreme Court {Re: STAR REFUSAL: Salami Taku! (Salami Refuses...)

 

 

 

On Sun, Feb 6, 2011 at 5:41 PM, Dominic Ogbonna <summ...@gmail.com> wrote:

[a.] " ....interestingly, we have had Justices moving from the Supreme Court to the Court of Appeal or even to the High court.   Hon. Justices  Mamman Nasir, Buba Ardo and Dan Ibekwe are examples of these"

 

[b.] "...Justice Salami would be FOOLISH to accept the Greek gift, which has been offered in a bizarre political move." -Bolaji Aluko

 

 

Bolaji:

Thank you for all the data you have pulled up.  Am afraid you shot your own case in the head! The Supreme Court is clearly the highest Judicial authority in the land. If Justices can be shuffled from the Higest court in the land to the Appeal Court, why might movement in the contrary direction be deemed unacceptable?  It makes no sense.......

 

 

Dominic:

 

I shot my case in the head?  Na wa for WAEC o!

 

Biko, read this sentence again:

 

 

QUOTE

 

In the order of Judicial Precedence, the President of the Court shall rank equal to a Justice of the Supreme Court and the other Justices of the Court shall rank next to the Justice of Supreme Court.

 

UNQUOTE

 

Here is the mathematics of this Judical Precedence:

 

Chief Justice of the Supreme Court > any Justice of the Supreme Court = President of the Appeal Court > any other Justice of the Appeal Court

 

So a PROMOTION occurs when ANY other Justice of the Appeal Court is elevated to the Supreme Court, but NOT when the President of the Appeal Court is elevated to the Supreme Court, UNLESS he is promoted to being the Chief Justice.

 

Is this so difficult to follow?  I don't think so.

 

Na wa for WAEC...when did you take it?  What did you get in Arithmetic and/or Comprehension, where there is a critical convergence here?

 

Moving on without ducking....

 

As to appointing, elevating and disciplining  justices, the 1999 Constitution is there:

 

 

QUOTE

Chapter VII

The Judicature

 

Part I

 

 

Federal Courts

 

 

 

A - The Supreme Court of Nigeria

 

230.

(1) There shall be a Supreme Court of Nigeria.

(2)

The Supreme Court of Nigeria shall consist of -

(a)

the Chief Justice of Nigeria; and

(b)

such number of Justices of the Supreme Court, not exceeding twenty-one, as may be prescribed by an Act of the National Assembly.

231.

(1) The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

(2)

The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the National Judicial Council subject to confirmation of such appointment by the senate.

(3)

A person shall not be qualified to hold the office of Chief Justice of Nigeria or a Justice of the Supreme Court, unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years.

(4)

If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.

(5)

Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appointment a person whose appointment has lapsed.........

 

B - The Court of Appeal

 

237.

(1) There shall be a Court of Appeal.

(2)

The Court of Appeal shall consist of -

(a)

a President of the Court of Appeal; and

(b)

such number of Justices of the Court of Appeal, not less than forty-nine of which not less than three shall be learned I Islamic personal law, and not less than three shall be learned in Customary law, as may be prescribed by an Act of the National Assembly.

238.

(1) The appointment of a person to the office of President of the Court of appeal shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the senate.

(2)

The appointment of a person to the office of a Justice of the Court of Appeal shall be made by the President on the recommendation of the National Judicial Council.

(3)

A person shall not be qualified to hold the office of a Justice of the Court of Appeal unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than twelve years.

(4)

If the office of the President of the Court of appeal is vacant, or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the President shall appoint the most senior Justice of the Court of Appeal to perform those functions.

(5)

Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appoint a person whose appointment has lapsed.

 

UNQUOTE

 Notice that for both the offices of the Chief Justice of the Supreme Court as well as the President of the Appeal Court, it appears that BESIDES the obvious case of DEATH that could lead to a vacancy, it is ONLY "if the person holding the office is for any reason unable to perform the functions of the office".  In fact, the section IMPLIES a life-time appointment.

Has Salami told ANYBODY that he cannot perform the functions of the office?

Finally, the President cannot just FIRE the President of the Appeals Court just like that.  Third Schedule, Part of the 1999 Constitutionn says:

21. The National Judicial Council shall have power to -

(a)

recommend to the President from among the list of persons submitted to it by -

(i)

the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court, and

(ii)

the Judicial Service Committee of the Federal Capital Territory, Abuja, persons for appointment to the offices of the Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and the President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja;

b) recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph and to exercise disciplinary control over such officers;

UNQUOTE

So due process must be done, and the only option left for Chief Justice Katsina-Alu is to set in motion Section 21(b).

And there you have it.

 

 

Bolaji Aluko

Shaking his head

 

On Sun, Feb 6, 2011 at 5:41 PM, Dominic Ogbonna <summ...@gmail.com> wrote:

[a.] " ....interestingly, we have had Justices moving from the Supreme Court to the Court of Appeal or even to the High court.   Hon. Justices  Mamman Nasir, Buba Ardo and Dan Ibekwe are examples of these"

 

[b.] "...Justice Salami would be FOOLISH to accept the Greek gift, which has been offered in a bizarre political move." -Bolaji Aluko

 

 

Bolaji:

Thank you for all the data you have pulled up.  Am afraid you shot your own case in the head! The Supreme Court is clearly the highest Judicial authority in the land. If Justices can be shuffled from the Higest court in the land to the Appeal Court, why might movement in the contrary direction be deemed unacceptable?  It makes no sense.

 

Sure, has never happened before, but there was a FIRST TIME when a Justice was shuffled from the Supreme Court to the Appelate Court, and sooner or later, there will be a FIRST TIME when a Justice is shuffled in the contrary direction -from the Appeal court to the Supreme court. 

 

And frankly, the theory that moving from the the Supreme Court to the Appeal court is a promotion, whereas moving from the Appeal Court to the Supreme court is a demotion, would be laughable were it for this silly political season! You should accept, methinks, that you are grasping at political straws here ..

 

Moving on ...

 

If this is strictly a matter of law, there are only three relevant questions:

 

(a.) Is there a law that forbids an Appeal Court Justice, even its President, from being shuffled out of the Appeal Court?
(b.) If No, Who is Salami's boss? Who has the authority to re-assign him, should that be deemed necessary for whatever reason?

(c.) Can Salami refuse a re-assignment from his boss?

(d.) Is it his boss that is re-assigning him now?

 

Those are the straightforward questions -if you are following law. Either way, someone should please ask Justice Salami to please speak with the dignity of a judge, and not like a political thug preparing to rig elections for his boss. His letter to the CJN was disrespectful and jejune. That kind of daylight insurbodination and open warefare sends the wrong message.

 

Moving on ...

While the law must be prefered over impunity, you you,  and I know, quite clearly, that this case is NOT a matter of Law. Salami's reassignment is a political move, and Salami's refusal to be re-assigned is also a political move. It stinks that Jonathan and his camp are playing this much politics with the Judiciary. But before that, it totally stinks to high heavens that the President Of the Appeal Court, the near-final arbiter, if I am not mistaken, of Electoral cases, was sponsored and grandfathered into his position by the owner and proprietor of a partisan political party, the ACN.

 

THIS IS WRONG!

 

We want free and fair elections, not elections determined by a Judiciary who are working for the ruling party, or for the opposition.

 

So I can not choose between the one move and the other. Salami is totally compromised, as are the folks who are trying to shuffle him out.  Its a loose-loose for the Nigerian people. If I had the choice, I would lock PDP and Katsina Alu and all the PDP minion judges inside one room, and I will luck ACN and Salami and all the ACN minion judges inside another, and I will then appoint the Justices of the Supreme and Appeal court from whatever is left.

 

Saludos!

Dominic

 

 

 

 

 

 

 

 

 

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[Mobolaji ALUKO]

 

Ola:

 

Yes, Associate Justice Aloma Mariam Mukhtar is the only female in the Supreme Court.  But there are now many females in the Appeal Court (Rita Pemu, Helen Ogunwumiju, Amina Augie (Presiding), Mary Odili, etc.), see http://65.108.205.8/Justices.php  so there is much hope for your three daughters - and my own three daughters.

Best wishes.

 

Back to the Super-bowl.....

 

 

Bolaji Aluko

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[Mobolaji ALUKO]

 

Ikeazor Akaraiwe:

 

Well, thanks for this update of the current list of SCJs

 

1.   The Hon. Chief Justice Aloysius Iyorgyer Katsina-Alu
2.   The Hon. Justice Dahiru Musdapher
3.   The Hon. Justice Aloma Mariam Mukhtar (Mrs)
4.   The Hon. Justice Mahmud Mohammed
5.   The Hon. Justice Walter Samuel Nkanu Onnoghen
6.   The Hon. Justice Francis Fedode Tabai
7.   The Hon. Justice Ibrahim Tanko Muhammad (Ph.D)
8.   The Hon. Justice Christopher Mitchell Chukwuma-Eneh
9.   The Hon. Justice S. Muntaka Coomasie
10.  The Hon. Justice John Afolabi Fabiyi <=================== March 2009
11.  The Hon. Justice Olufunlola Oyelola Adekeye (Mrs) <======== March 2009
12.  The Hon. Justice Suleiman Galadima <=========== August 2010
13.  The Hon. Justice Bode Rhodes-Vivour   <========== August 2010

 

It turns out that Fabiyi and the second female Adekeye were indeed confirmed together in February/March 2009, while Galadinma and Rhodes-Vivour were confirmed together in August 2010.  If you compare this list with the list of ALL Appeals Court Justices to date (see http://65.108.205.8/Justices_2.php ) virtually ALL of them are FORMERLY members of the Appeals Court, but NONE of them was a former President of the Appeals Court.

 

However, even the list may not be complete - are there only 13 or 17 of them?.  I very much wonder, although I cannot find the four missing ones, if any! 

 

Before giving out the Wikipedia information, I looked at two other sources:

 

 

QUOTE

 

http://www.nigeria-law.org/Supreme%20Court%20of%20Nigeria.htm  International Center for Nigerian Law

Justices of the Supreme Court

 

Idris Legbo Kutigi <======================== dated and wrong/retired

[Chief Justice of Nigeria]

Uthman Mohammed <------------------------- retired

Aloysius Iyorgyer Katsina-Alu

Niki Tobi <===================== retired

Dahiru Musdapher

George Adesola Oguntade <========== retired

Sunday Akinola Akintan <--------------------- retired

Aloma Mariam Mukhtar

Mahmoud Mohammed

Walter Samuel Nkanu Onnonghen

Ikechi Francis Ogbuagu

Francis Fedode Tabai

Christopher Mitchel Chukwuma-Eneh

Ibrahim Tanko Mohammed

Pius Olayiwola Aderemi <------------------- retired

James Ogenyi Ogebe <----------------------- retired

Muhammad Muntaka-Coomasie

 

UNQUOTE

 

and I knew that some of the people above had retired, but could not ascertain for sure which, so I did not use that list.

 

The other place that I would have REALLY loved to look was the official page http://www.scn.gov.ng, but this is what you find:

 

QUOTE

 

• Supreme Court of Nigeria

  This Account Has Been Suspended. Please contact the billing/support department as soon as possible.
  www.scn.gov.ng/ - Cached - Similar

 

UNQUOTE

 

The page is SUSPENDED, which is rather unfortunate !

 

Now it appears that indeed Galadinma and Rhodes-Vivour were the last two members approved for the Supreme Court, complete with some geopolitical posturing:

 

QUOTE

 

http://thewillnigeria.com/general/5392-Senators-Confirm-Galadima-Rhodes-Vivour-Supreme-Court-Justices.html

Senators Confirm Galadima, Rhodes-Vivour As Supreme Court Justices

Font size:

EMMA UCHE 28/07/2010 20:07:00

ABUJA, July 28, 2010 (THEWILL) - Justices Suleiman Galadima (North Central Zone) (Justice of the Court of Appeal) and Bode Rhodes-Vivour (South West Zone) (Justice of Court of Appeal) effectively became justices of the Supreme Court today courtesy of their confirmation by the Senate.

Though, their confirmation was trailed by protests by some senator over non representation of their zones at the Supreme Court.

President Goodluck Jonathan had earlier forwarded their nominations to the Senate as replacement for Legbo Kutigi (North Central Zone) and B.O. Aderemi (South West Zone), who have retired from service.

Presenting the report of the screening to the Senate, the Chairman of the Senate Committee on Judiciary, Human Rights and Legal Matters, Umaru Dahiru maintained that the nominees are fit and proper persons for appointment as justices of the Supreme Court.

"After careful scrutiny of the CVs and other accompanying documents and having been satisfied about their exposure, experience, performance, qualification and competence, I hereby recommend confirmation of their nomination," Dahiru said.

He also disclosed to his colleagues that upon confirmation of the two nominations, the composition of the 17 justices of the Supreme Court is North-East – 2, North-West – 3, North-Central – 4, South-East – 2, South-West – 3, and South-South – 3.

This did not go down well with a cross-section of the Chamber who kicked against the imbalances in the composition and sought for measures to correct the seeming one-sidedness.

Speaking on the seeming imbalances, Chairman of the Information and Media Committee, Ayogu Eze noted that the composition of the Supreme Court has buttressed the need for creation of more states in the South-East.

"There is need to create additional states in the South-East. South-East has only five states and that is why we are being marginalized in many ways."

Chairman of the Foreign Affairs Committee echoed Eze’s sentiments but also expressed confidence in the ability of the new justices in their new assignment.

"I have no doubt in the confidence of the ability of the two justices. But we in the North-East are going to remain with two justices while some other zones have three justices in the Supreme Court."

Also opposing the composition, Deputy Senate President, Ike Ekweremadu said, "I am worried by the distribution of justices of the Supreme Court. South-East has only two justices. This is the highest court in the land and should reflect the geo-political zone.

"I suggest that NJC should make it equal number for each zone to ensure fairness and equity." ....materials deleted

UNQUOTE

 

 

 

Finally, I end with a newsreport by SR on the retirement of some Supreme Court judges, which I completely missed when first reported.

 

 

QUOTE

 

http://www.saharareporters.com/news-page/election-rogue-justices-nikki-tobi-and-james-ogebe-leave-supreme-court?page=1

Election Rogue Justices Nikki Tobi and James Ogebe Leave The Supreme Court

Posted: July 15, 2010 - 01:00

Posted by siteadmin

 

Another of Nigeria’s most infamous Supreme Court judges, Justice Nikki Tobi, has retired.  His departure followed the quiet departure, four months ago, of Justice James Ogebe.  He was the infamous chairman of the Presidential Election Petition Tribunal who accepted to validate the heavily-flawed April 2007 election of Umaru Yar'Adua and Goodluck Jonathan in return for hefty bribes and elevation to the Supreme Court.  He retired quietly in April.
Judge Tobi retired yesterday after attaining the age of 70.  He lived a lie as a person and consequently as judge, trying unsuccessfully to ape the famous British judge, Lord Denning, but lacking the strength of character to do so. 

Justice Ogebe, who led a pack of justices of theCourt of Appeal to declare the election of Yar'Adua and Jonathan "free and fair" could not attend on the final day when the panel was to give its ruling because he had compromised himself beyond redemption.  He left the dirty deed of reading the script to one Justice John Fabiyi, a funny judge whose performance was both “comical and hysterical,” according to lawyers who observed the final proceedings.

Justice Fabiyi was also rewarded with a seat on the Supreme Court for his despicable role in manipulation the verdict. 

Tobi who started as a local teacher in Rivers state, studied law and eventually became a professor of Law at the University of Maiduguri. But his life fell apart when he was accused of an amorous affair with Kate Hamza, the wife of the Chief Librarian at UNIMAID. He eventually left UNIMAID when religious extremists threatened to kill him after the marriage between Kate and her husband fell apart, a sad development that was blamed on then Professor Tobi.

He returned to Rivers State, and to the embrace of Justice Karibi-Whyte who assisted him to get a job as a High Court judge.  He was later to become a Court of Appeal judge on the ticket of Delta State under the Obasanjo regime.

Tobi's ascension to Supreme Court was opposed by Justices Alpa Belgore and others because they said his judgments always played to the gallery, and were watery and childish.  But he eventually got his wish. 

Tobi did a constitutional review of the problematic and disjointed 1999 constitutition for the Abdulsalam Abubakar military government, that exercise was highly flawed, but it was not a surprise because he became a court of appeal justice under the military. He became a Supreme Court judge under former President Obasanjo. Part of what he did under Obasanjo was to chair Obasanjo’s Third Term Constitutional Review Commission for the former military man’s ambition that collapsed miserably in 2006.

Obasanjo fell out with Justice Tobi because when he brought Kanu  Agabi (SAN) to bang together a constitution that would ensure Obasanjo a third term in office, but it leaked and Obasanjo reportedly blamed Tobi for mishandling the process.

But during the sessions of the confab, Tobi presided over and voted for the rejection of the proposed increment of derivation funds due to the Niger Delta region.

Then came the last presidential election appeal at the Supreme Court, and Justice Tobi again stood against justice. In his bizarre ruling at the Presidential Elections Appeal, he scandalously asserted that there was no need for serialization of ballot papers.

As was reported by Saharareporters during the appeal stage of the 2007 petitions process, Tobi, when approached by Yar'Adua through Aondoakaa, James Ibori as well as Jonathan, was promised his son, Ebowei, would be elevated to the Court of Appeal.   Although Ebowei was eventually nominated to the court, a series of exposés that was done by SaharaReporters frustrated its realization. 

Tobi is retiring from the Supreme Court a sad man, another disastrous end to another career.  Not only did his son fail to ride on his back to get to the Court of Appeal, when Justice Tobi asked recently to be named the chairman of the body of Benchers, a position to which he was “qualified” as the second most senior judge at the Supreme Court, the CJN told him that it was not a position for a retiring justice.  Justice Dahiru Musdapher was given that position.

Justice Tobi will have a lot to chew in retirement: even yesterday when he was supposed to have been given a valedictory session at the Supreme Court, that event was also canceled at the last minute.

UNQUOTE

The complete list of Appeal Court Justices to date is given below:

QUOTE

http://65.108.205.8/Justices_2.php

APPEAL COURT JUSTICES TO DATE (from 1976 to date)

The Late Hon. Justice D.O Ibekwe (President 1976-1978)

The Hon. Justice M. Nasir GCON (President 1978-1992)

The Hon. Justice M.M.A Akanbi (President 1992-1999) The Hon. Justice Umaru Abdullahi, CON (President 1999-2009)

The Hon. Justice I.A Salami (President 1999-Date) The Late Hon. Justice J.A Phil Ebose The Late Hon. Justice. O. Akinkugbe The Late Hon. Justice S.O Ogunkeye The Late Hon. Justice J.Omo-Eboh The Late Justice B.O Kazeem The Late Hon. Justice S.J Ete The Hon. Justice D.G Douglas The Late Hon. Justice A.I Aseme The Hon. Justice D. O Coker The Hon .Justice .M.L Uwais The Hon. Justice k.O Anyah The Hon . Justice Uche Omo The Hon. Justice G.O Agbaje The Hon. Justice A.A Ademola The Late Hon . Justice R.O Akagbue The Hon . Justice P. Nnaemeka-Agu The Hon. Justice A.B Wali The Hon. Justice U.Muhammed The Hon. Justice S.M.A Belgore The Late Hon. Justice U. Maidama The Late Hon. Justice L.T. Dosunmu The Hon. Justice O. O. Alatawura The Hon. Justic A.G Karibi Whyte The Hon. Justice I.L Kutigi The Hon. Justice Abai Ikwuechegh The Late Hon. Justice B.B Pepple The Late Hon. Justice E.O.I Akpata The Hon. Justice J.H Omololu Thomas The Hon. Justice M.E Ogundare The Late Hon. Justice S.S Aikawa The Hon. Justice I. Sulu Gambari The Hon. Justice E.O Babalakin The Hon. Justice S.O Onu The Hon. Justice Dahiru Musdapher The Late Hon. Justice R.J Jacks The Hon. Justice I. Kolawole The Late Hon. Justice J.D Ogundere The Hon. Justice A.I Katsina-Ala The Hon. Justice W.R.T Macaulay The Hon. Justice O.Ajose Adeogun The Hon. Justice E.T Ndoma Egba The Hon. Justice B.A Omosun The Hon. Justice E.O Ogwuegbu The Hon. Justice A.M Mukhta The Hon. Justice F.O Awogu The Hon. Justice G.A Oguntade The Hon. Justice G. Okey Achike The Hon. Justice U.A Kalgo The Hon. Justice S O Uwaifo The Hon. Justice Y.O Adio The Hon. Justice J.T Akpabi The Hon. Justice A.O Ejiwumi The Late Hon. Justice I.O Agoro The Hon. Justice O.A Okezie The Hon. Justice V .J.O Chigbu The Hon. Justice D.O Edozi The Hon. Justice Niki Tobi The Hon. Justice M.A Okunola The Hon. Justicee S.A Oduwole The Hon. Justice S.A Akintan The Hon. Justice J.O. Ogebe The Hon. Justice E.C. Ubeazonu The Hon. Justice R.D. Muhammed The Hon. Justice E.O. Ayoola The Hon. Justice Mahmud Muhammed The Hon. Justice S.A. Nsofo The Hon. Justice R.O. Rowland The Hon. Justice A.O. Ige The Hon. Justice M.O. Onalaja The Hon. Justice A.C. Orah The Hon. Justice I.C. Pats Achonolu The Hon. Justice O. Opene The Hon. Justice D.A. Azaki The Hon. Justice M.S.M. Coomassie The Hon. Justice Dalhatu Adamu The Hon. Justice I.T. Muhammed The Hon. Justice B.A. Ba’aba The Hon. Justice S.A. Ibiyeye The Hon. Justice Z.A. Bulkachuwa The Hon. Justice S. Galadima The Hon. Justice S.O. Ekpe The Hon. Justice S.A. Olagunju The Hon. Justice V.A.O. Omage The Hon. Justice O.O. Obadina The Hon. Justice M.E. Akpiroroh The Hon. Justice J.A. Fabiyi The Hon. Justice F.F. Talabi The Hon. Justice P.O. Aderemi The Hon. Justice K.B. Akaahs The Hon. Justice O.O Adekeye The Hon. Justice A.J. Ikongbeh The Hon. Justice A.G. Oduyemi The Hon. Justice P.I. Amaizu (Rtd) The Hon. Justice J.J Umoren (Rtd) The Hon. Justice W.S.N Onnoghe The Hon. Justice M.D. Muhammed The Hon. Justice C.M. Chukwuma Eneh The Late Hon. Justice I.A. Mangaji The Hon. Justice A. Sanusi The Hon. Justice I.C. Nzeako The Hon. Justice (Mrs) C.B. Ogunbiyi The Hon. Justice I. Thomas The Hon. Justice I.F. Ogbuagu The Hon. Justice (Mrs) A.A. Augie The Hon. Justice D.A. Adeniji The Hon. Justice J. Mikailu The Hon. Justice A.A. Jega The Hon. Justice N.S Ngwuta The Hon. Justice M.B. Dongban Memsem The Hon. Justice S.S. Alagoa The Hon. Justice M.L. Garba The Hon. Justice Jean Omokri The Hon. Justice Abdullahi Tijjani The Hon. Justice Uwani Musa Abba Aji The Hon. Justice Mary Peter Odili The Hon. Justice Kekere-Ekun The Hon. Justice G. I Udom-Azogu The Hon. Justice R.C Agbo The Hon. Justice Olabode Rhodes-Vivour The Hon. Justice Muhammad Ladan Tsamiya The Hon. Justice George Oladeinde Shoremi The Hon. Justice Sotonye Denton West The Hon. Justice Helen Moronkeji Ogunwumiju The Hon. Justice Paul A. Galinje The Hon. Justice Olukayode Ariwoola The Hon. Justice Jimi Olukayode Bada The Hon. Justice Oyebisi F. Omoleye The Hon. Justice Adzira G. Mshelia The Hon. Justice Abdu Aboki The Hon. Justice Ahmed O. Belgore The Hon. Justice Alfred P. E. Awala The Hon. Justice Jummai Hannatu Sankey The Hon. Justice Ibrahim Mohammed M. Saulawa The Hon. Justice Ali A. B. Gumel The Hon. Justice Hussein Mukhtar The Hon. Justice Mojeed A. Owoade The Hon. Justice Uzo I. Ndukwe-Anyawu The Hon. Justice John Inyang Okoro The Hon. Justice Chidiebere Uwa The Hon. Justice Ignatius Igwe Agube The Hon. Justice Abubakar Datti Yahaya The Hon. Justice Ejembi Eko The Hon. Justice Sidi Dauda Bage The Hon. Justice Massoud Abdul-Rahman Oredola The Hon. Justice Chima Centus Nweze The Hon. Justice Chioma Egondu Nwosu-Iheme The Hon. Justice Theresa Ngolika Orji-Abadua The Hon. Justice Ayobode Olujimi Lokulo-Sodipe The Hon. Justice Modupe Fasanmi The Hon. Justice Regina Obiageli Nwodo The Hon. Justice Adamu Jauro

 

UNQUOTE

 

 

With that, I close this my legal reporting chapter.

 

There you have it.

 

 

 

Bolaji Aluko

 

 

On Mon, Feb 7, 2011 at 3:34 AM, Ikeazor Akaraiwe <ike...@gmail.com> wrote:

 

The list of Justices of the Supreme Court as sourced by Bolaji Aluko from Wikipedia is three years wrong. So many of those guys listed therein are long since retired. Also, since then, there's been a second lady Justice at the Supreme Court of Nigeria in the person of Hon. Justice Olufunlola Adekeye (JSC).

The correct list of Justices in the Supreme Court of Nigeria is set out hereunder as follows:

 

The Hon. Chief Justice Aloysius Iyorgyer Katsina-Alu

The Hon. Justice Dahiru Musdapher

The Hon. Justice Aloma Mariam Mukhtar (Mrs)

The Hon. Justice Mahmud Mohammed

The Hon. Justice Walter Samuel Nkanu Onnoghen

The Hon. Justice Francis Fedode Tabai

The Hon. Justice Ibrahim Tanko Muhammad (Ph.D)

The Hon. Justice Christopher Mitchell Chukwuma-Eneh

The Hon. Justice S. Muntaka Coomasie

The Hon. Justice John Afolabi Fabiyi

The Hon. Justice Olufunlola Oyelola Adekeye (Mrs)

The Hon. Justice Suleiman Galadima

The Hon. Justice Bode Rhodes-Vivour  

 

Source: Nigerian Weekly Law Report Part 1227 of 3rd January 2011.

--
Ikeazor Akaraiwe
234-803-333-4902

"Cowardice asks the question - Is it safe? Expediency asks the question - Is it politic? Vanity asks the question - Is it popular?
But Conscience asks the question - Is it right? And there comes a time when one must take a position that is neither safe, nor politic, nor popular; but one must take it because it is right" 
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