ON the heels of his objection to being nominated and appointed as a Supreme Court Justice, Hon. Justice Ayo Salami, President of the Court of Appeal, has instituted a legal action to seek the abatement of that elevation process. But it is what is contained in his filed papers that is both startling and portentous.The Court of Appeal President avers that the Hon. Chief Justice of Nigeria, Hon. Justice Katsina-Alu, had invited him to his office and, thereafter, during their meeting, Hon. Justice Katsina Alu ... asked me to disband the panel I had set up for the [Sokoto Gubernatorial election petition] appeal on the excuse that if the panel allowed the appeal and removed the governor, the ripple effect would lead to the removal of our highly revered Sultan of Sokoto.Hon. Justice Ayo Salami also avers that the Chief Justice of Nigeria had also asked that in the alternative that I should direct the panel of justices to decide against the Appellant.Access to Justice is very troubled that these allegations are levelled against the Chief Justice of Nigeria by a person of substantial stature whose statements are entitled to the highest respect.If the allegations that the Hon. Chief Justice of Nigeria had sought to interfere with proceedings before a court by asking for the disbandment of a duly constituted tribunal or procuring the Court of Appeal President to direct the outcome of the tribunals verdict is correct, it would be a grave, grossly unethical and treacherous violation of the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria. It would undermine every precept about justice, fairness, due process, rule of law, the independence of the judiciary, and transparency that the Judiciary stands for. It would be perfidious, and a serious and profane fraud on the administration of justice in Nigeria and on the eminent Office of the Chief Justice who is the face of the Judiciary.Rule 5(i) of the Code stipulates that a Judicial Officer should ... except as authorized by law, neither initiate, encourage, nor consider ex-parte or other communication concerning a pending or impending proceeding. It also provides, in Rule 8, that a Judicial Officer should abstain from comment about a pending or impending proceeding in any court in this country, and should require similar absention on the part of court personnel under his direction and control. The Code also states in Rule B (4) that [i]n the exercise of his administrative duties, a Judicial Officer should avoid nepotism and favouritism.Furthermore, Article 2 of the United Nations Basic Principles on the Independence of the Judiciary provides that The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. Article 4 of the same Instrument provides that There shall not be any inappropriate or unwarranted interference with the judicial processAccess to Justice calls on the National Judicial Council to urgently investigate whether the allegations that the Chief Justice of Nigeria did what he is alleged to have done are correct and true, and, if true, hold that this is a grave misconduct which warrants the initiation of disciplinary proceedings against the Chief Justice. It is crucial for the Judiciary to demonstrate that it will, itself, not condone interference with the administration of justice by its own officers or the miscarriage and perversion of justice by its officials before it can validly criticize the government or politicians for doing so or seeking to do so intermittently. No one can be certain that this is the only instance, (if Justice Salamis allegations are substantiated), that this has happened, so it is very important to send a strong, clear and resounding message that the Nigerian judiciary will not be a stamping ground for abuse of judicial office no matter who is involved.Access to Justice calls on the Chief Justice of Nigeria to convene a meeting of the National Judicial Council for this purpose but to abstain from participating in this meeting. Written by the Executive Director, Access to Justice, Joseph Otteh.
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