10th February, 2011
The National Judicial Council, NJC, on Thursday in Abuja rose in defence of Aloysius Katsina-Alu from the raging scandal surrounding the attempted elevation of Justice Ayo Isa Salami, the President of the Court of Appeal, to the Supreme Court bench.
In a Press Release made available to newsmen, a copy of which was sent to P M News, the NJC absolved the Chief Justice of Nigeria of any infractions in the rules and procedures adopted in the botched attempt to elevate Justice Salami to the apex court.
The Release signed by Mr. Danladi Halilu (OON), the Secretary to the Council, the body noted that it took the opportunity of its 4th Emergency Meeting held last Wednesday, to educate the public on the procedures adopted in appointing justices of the apex court.
According to the Council, the appointment of a person to the office of Justice of the Supreme Court involves the following process: First, whenever a vacancy exits, a request is made by the Hon. Chief Justice of Nigeria to Justices of the Supreme Court and the President of the Court of appeal to nominate suitable candidates for appointment to the Supreme Court Bench.  Secondly, the Federal Judicial Service Commission (FJSC) upon consideration of such nomination would deliberate on them and pursuant to its powers under the 1999 Constitution advise the National Judicial Council in nominating persons for appointment to the office of a Justice of the Supreme Court.  Thirdly, the National Judicial Council would delibrate on the advice of the FJSC and pursuant to its powers under the Constitution, recommend to the President from among the list of persons usbmitted to it by the FJSC person or persons for appointment to the office of the Supreme Court.  Fourthly, where the President accepts the recommendation, he would appoint the person or persons so recommended to the office of a Justice of the Supreme Court.  Fifth, such appointment shall be subject to confirmation by the Senate.
It further descrbed as “erronous†the notion that the advice by the Federal Judicial Service Commission to the National Judicial Council is tantamount to an offer of appointment or an appointmen, just as it went on to hold that the notion that the National Judicial Council is under obligation to accept the advice as equally erroneous and expessed dismay over the numerous negative comments that have been engendered in the media over the Justice Salami saga.
Part of the Release read; “For avoidance of doubt, the National Judicial Council does not see any infraction of any stage of the process by the Chief Justice of Nigeria as Chairman of the Federal Judicial Service Commission, as the Memorandum by the FJSC advising it on the appointments of four Justice of Supreme Court and Chief Judge of the Federal High Court was in compliance with the provisions of Paragraphs 13(a)(ii & v) and 21 (a)(i) of Part I of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeriaâ€.
Mr. Halilu also stated that three Justices of the Court of Appeal have been recommended by the National Judicial Council to Mr. President for appointment as Justices of the Supreme Court was well as a Judge of the Federal High Court as Chief Judge of the Federal High Court to succeed Hon. Justice Daniel Dantsoho Abutu who is retiring from judicial service on 15th March, 2011.
By Nnamdi Felix / Abuja
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