THE National Judicial Council (NJC) has claimed enough constitutional power to recall the suspended President of the Court of Appeal, Justice Isa Ayo Salami, without a recourse to President Goodluck Jonathan.The council, in a majority decision, reinstated Salami to office on May 11, 2012, after being on suspension for more than a year for misconduct.The council's reinstatement resolution sent to the appointing authority ' President Jonathan ' has not been approved.The council's fresh position was contained in its response to a suit brought by the Registered Trustees of Centre for the Promotion of Arbitration, seeking to compel Salami's reinstatement.In the response taken out on behalf of the council by its counsel, Usman Isa, to the suit before a Federal High Court, Abuja, the NJC stated that; 'We submit that the exercise of disciplinary power and recall of a suspended Justice of the Court of Appeal is exclusively vested in the National Judicial Council by the constitution.'By virtue of the combined provisions of section 153, 158 (1) of the constitution, and the National Judicial Council's power to exercise disciplinary control over judicial officers contained in paragraph 21 (1) of the part 1, third schedule of the constitution, the council is clothed with the power to suspend and recall the 4th defendant (Salami) without any recourse to the President (the 1st defendant).'By the combined provisions of sections 153, 158 (1) of the constitution, and the National Judicial Council's power to exercise disciplinary control over judicial officers contained in paragraph 21 (1) of the part 1, Third schedule of the constitution, the 3rd defendant is to unilaterally and exclusively exercise disciplinary control over the judicial officer.'My lord, we therefore submit that it is within the constitutional vested powers of the 3rd defendant to recall/reinstate the 4th defendant as the President of the court.'On the tenure of the acting President of the Court of Appeal, NJC argued that; 'By virtue of section 238 (5) of the constitution, the 5th defendant, Acting PCA Dalhatu Adamu cannot be reappointed after the expiration of three months without recommendation of the 3rd defendant as such the continued stay in office by the 5th defendant is unconstitutional and illegal.'Meanwhile, the acting PCA, Justice Dalhatu Adamu, has claimed that the court lacks the power to determine his tenure.His position was continued in his preliminary objection to the suit seeking Salami's reinstatement.The plaintiff also wanted the court to restrain Adamu from continuing in office.Co-respondents in the suit are the Attorney General of the Federation and Minister of Justice, National Judicial Commission, Justice Ayo Salami and Justice Dalhatu Adamu as 2nd to 5th respectively.When the matter was mentioned on Tuesday, counsel for the plaintiff, Jiboto Akanike, told the court that they had served all the respondents, praying it to fix a hearing date.Counsel for Adamu, D.O. Kanda, told the court that they had a preliminary objection challenging jurisdiction of the court, while praying the court to hear its objection first before going into the substantive suit.The judge, Justice Adamu Bello, fixed December 4 to hear the preliminary objection.The plaintiff asked the court for an order of mandamus directing NJC to implement the recommendation of its three-man panel urging the recall of Justice Salami as the President of the Court of Appeal and to resume his duty forthwith.The plaintiff also wanted the court to declare that Jonathan has no power to exercise disciplinary functions over the justices of the Court of Appeal and particularly Justice Ayo Salami and that the further reappointment or approval of the extension of the tenure of Justice Dalhatu Adamu as the acting president of the Court of Appeal by the President was unconstitutional, illegal, null and void.The plaintiff further sought for an order of perpetual injunction restraining President Jonathan from further re-appointing Justice Adamu as the acting president of the Court of Appeal and NJC from further recommending to the president the extension or re-appointment of Justice Adamu as the acting president of the Court of Appeal.
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