Nigeria's civil society organisation, the Socio-Economic Rights and Accountability Project (SERAP), has sued the Nigerian government and the National Judicial Council (NJC) for alleged “unlawful suspension and removal of Justice Ayo Salami as President of the Court of Appeal (PCA).” A SERAP statement said the suit was filed at the Federal High Court in Ikeja, Lagos, Monday, with President Goodluck Jonathan; Attorney General of the Federation and Minister of Justice Mohammed Adoke and the NJC joined as parties.

SERAP is seeking, among others, a declaration by the court that the suspension of Justice Ayo Salami by the 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.

The organisation also wants the court to declare that the suspension of Justice Salami, 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.

No date has yet been fixed for hearing in the case, the latest reaction to the crisis facing the judiciary.

President Jonathan is under fire for accepting the recommendation of the NJC, the body set up to appoint and discipline judges, to suspend Justice Salami, despite a near universal agreement that the process leading to the recommendation was faulty.

NJC acted despite the fact that Justice Salami has gone to court to challenge the body, while President Jonathan accepted the recommendation even as the case was considered 'subjudice'.

The umbrella Nigerian Bar Association (NBA) is leading the condemnation of the President's action, and is reported to be considering asking lawyers to boycott the courts until further notice in protest.

'We must point out regrettably that two hours after our resolutions (condemning the recommendation to suspend Salami and urging the President not to act on it) were made public, the President and Commander-in-Chief of the armed forces appointed Justice Dalhatu Adamu as Acting President of the Court of Appeal.

'Whether the decision to appoint and subsequent announcement was coincidental is not important here. What is significant is that once again, the President has lost a clear opportunity to arrange himself on the side of due process and the Rule of Law,' NBA President Joseph Daudu said.

Pana 23/08/2011