18th March, 2013
A Federal High Court sitting in Abuja on Monday struck out a suit filed by the Registered Trustees of Centre for the Promotion of Arbitration, seeking to compel National Judicial Council, NJC, to reinstate suspended former President of the Court of Appeal, Justice Ayo Isa Salami.
The court presided over by Justice Adamu Bello held that the members of the organisation lacked the requisite locus standi to institute the action.
The judge stated that the subject matter of the case was the removal from office of the former President of the Court of Appeal and that the interest in the case is a private one relating to the rights of Justice Salami and that no other person or party can seek to redress the wrong in a matter that involves private interest except the person whose interest had been breached.
“I am of the strong view that the subject matter of this present suit is the private rights of Justice Salami, it pertains to him and no other to seek his reinstatement. This suit is not about public right interest but of a private right of Justice Salami. He was not the plaintiff in this matter but was made a defendant. It is Salami’s legal right that is affected and only he can seek redress,” the court stated.
The court further noted that the suit would have been sustained had the ousted former President of the Court of Appeal been made a co-plaintiff in the matter rather than being made a defendant in a matter that he ought to be pursuing himself.
Consequently, the suit was struck out but no order was made as to cost.
Justice Salami has been on suspension since 18 August, 2011 when the NJC found him guilty of “gross misconduct” following his refusal to apologise to former Chief Justice of Nigeria, Justice Aloysius Katsina-Alu.
He was later recalled by the NJC who said that he was not at fault.
The National Judicial Council, NJC, had insisted that it is within its constitutional powers to recall and reinstate Justice Salami as the President of the Court of Appeal and it does not require the president’s authority to do so.
—Nnamdi Felix/Abuja