‘Salami’s Suspension’ll Not Invalidate Tribunal’s Proceedings’
Mr. Alex Iziyon (SAN), counsel to President Goodluck Jonathan in the ongoing election petition case filed by the CPC, says the suspension of Justice Ayo Salami, Chairman of the Presidential Election Petition Tribunal, will not invalidate the tribunals proceedings.
He stated this in an interview with the News Agency of Nigeria (NAN) on Monday in Abuja.
The five-man tribunal was at its inauguration, headed by Justice Ayo Salami.
Iziyon said that the five-man panel could not “be prohibited from seating because of Salami‘s suspension, especially when someone is acting in his place.â€
“There is no issue prohibiting the panel from seating because the minimum you require is three and do not forget that we have not commenced hearing.â€
He added that the proceedings of the tribunal could only be inhibited when one party to a witness decided to withdraw for certain reasons.
“But even then, there are decisions that even when the chairman leaves, it can still proceed as the absence does not invalidate proceedings,†he added.
Meanwhile, the acting President of the Court of Appeal and chairman of the tribunal, Justice Dalhatu Adamu, has commenced deployment of some of the tribunal’s members, a situation the CPC frowned at.
The party‘s National Publicity Secretary, Mr. Rotimi Fashakin, said the deployment of Justice Mohammed Garba Lawal to Calabar Division of the court “is fraught with a hidden agenda.â€
According to him, the party‘s petition before the tribunal will suffer a set back because of the action.
“A situation where the oppressed and repressed in the land cannot have their grievances freely ventilated and properly adjudicated on by the Judiciary can portend breach in national security,†he said.
He added that the action of the acting president of the Court of Appeal could portent grave danger to the health of the Judiciary and the nation’s security.
Garba was said to have been replaced with Justice Zainab Bulkachuwa, who was formally at the Yola Division of the Court of Appeal.
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