SERAP sues FG, NJC over unlawful removal of Salami

The Socio-Economic Rights and Accountability Project (SERAP) has dragged the Federal Government and the National Judicial Council (NJC) to Court over alleged “unlawful suspension and removal of Justice Ayo Salami as President of the Court of Appeal (PCA).”

Joined as parties to the suit No FHC/IKJ/CS/174/211 filed today before the Federal High Court in Ikeja are: President Goodluck Jonathan; Attorney General of the Federation and Minister of Justice, Mohammed Adoke and the National Judicial Council (NJC).

The suit brought under the Fundamental Rights (Enforcement Procedure) Rules 2009, the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights was filed by Adetokunbo Mumuni on behalf of SERAP.

The suit was supported by a 17-paragrap affidavit sworn to by Adetola Adeleke, a Litigation Clerk at SERAP.

 SERAP is seeking the following reliefs:

A DECLARATION that the suspension of Honourable Justice Ayo Salami, President Court of Appeal (PCA) by the National Judicial Council (NJC) without due process of law, and despite the reports of the NJC’s two committees exonerating him of all charges against him is null, ultra vires, void and unconstitutional as it violates his right to a fair hearing guaranteed by Sections 36 and 21(b) of the Third Schedule of the 1999 Constitution (as amended) and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A9) Laws of the Federation of Nigeria, 2004, and Article 14 the International Covenant on Civil and Political Rights to which Nigeria is a state party.

A DECLARATION that the suspension of Honourable Justice Ayo Salami, President Court of Appeal (PCA) by the National Judicial Council (NJC) while his case is pending in court is null, void and unconstitutional as it violates the provisions of Sections 6 and 158 of the 1999 Constitution (as amended) and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A9) Laws of the Federation of Nigeria, 2004, and Articles 3 and 14 the International Covenant on Civil and Political Rights to which Nigeria is a state party.

A DECLARATION that the suspension of Honourable Justice Ayo Salami, President Court of Appeal (PCA) by the National Judicial Council (NJC) while his case is pending in court is null, void and unconstitutional as it violates the provisions of Sections 6 and 158 of the 1999 Constitution (as amended) and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A9) Laws of the Federation of Nigeria, 2004, and Articles 3 and 14 the International Covenant on Civil and Political Rights to which Nigeria is a state party.

A DECLARATION that the suspension of Honourable Justice Ayo Salami, President Court of Appeal (PCA) by the National Judicial Council (NJC) without granting him access to an independent review contravenes established standards of judicial conduct and is therefore null, void and unconstitutional as it violates the provisions of Section 36 of the 1999 Constitution (as amended) and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A9) Laws of the Federation of Nigeria, 2004, and Articles 3 and 14 the International Covenant on Civil and Political Rights to which Nigeria is a state party.

A DECLARATION that the approval by President Goodluck Jonathan of the suspension of Honourable Justice Ayo Salami, President Court of Appeal (PCA) by the National Judicial Council (NJC) and the subsequent appointment of Justice Dalhatu Adamu as the acting President of the Court of Appeal (PCA) and the withdrawal of Justice Salami’s police orderlies constitutes an abuse and a wrong exercise of the power under 238 of the 1999 Constitution (as amended) and therefore null, void and unconstitutional as it violates the provisions of Section 36 of the 1999 Constitution (as amended) and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A9) Laws of the Federation of Nigeria, 2004, and Articles 3 and 14 the International Covenant on Civil and Political Rights to which Nigeria is a state party.

A DECLARATION that the arbitrary suspension of Honourable Justice Ayo Salami, President Court of Appeal (PCA) by the National Judicial Council (NJC) undermines the independence and impartiality of the judiciary, erodes public trust and confidence in the judiciary, and constitutes an impediment of Nigerians’ access to justice as guaranteed by the 1999 Constitution (as amended) and the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A9) Laws of the Federation of Nigeria, 2004, and the International Covenant on Civil and Political Rights to which Nigeria is a state party.

AN ORDER directing the Respondents individually and/or collectively to reverse the decisions to suspend and/or retire Honourable Justice Ayo Salami

AN ORDER directing the Respondents individually and/or collectively to grant to Justice Ayo Salami is constitutional and internationally recognized human rights to fair hearing, and to an independent review of his case

AN ORDER directing the Respondents individually and/or collectively to grant to Justice Ayo Salami the right to an effective remedy, including restitution and adequate compensation for the violation of his constitutional and interrnationally recognized human rights

According to SERAP, “In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.”

The group argued that, “The 1st Respondent has failed to observe the principles of natural justice and fairness in his exercise of his constitutional power under Section 238 of the 1999 Constitution (as amended) and as such undermines the application of Section of the 1999 Constitution (as amended), which vests the judicial powers of the Federation in the courts”.”

The group also argued that, “The 3rd Respondent acted ultra vires and beyond its constitutional authority under Section 21(b) of the 1999 Constitution (as amended) which only allows it to recommend the removal of certain specified judges AND NOT to suspend. The Respondents have therefore acted individually and/or collectively in violation of constitutional provisions and Nigeria’s international human rights obligations and commitments.”

No date has been fixed for the hearing of the suit.