Written by Matters came to a head recently when one of the aforementioned actors was entertaining some guests, suddenly a chair – an inanimate object stood up and whacked the back of the neck of a person who had been sitting on it.
As if that was not enough miracle to keep a million tongues wagging for the next 50 years, a tree, which had been sitting on its own for 1000 years or more minding it own business of providing oxygen for the environment, uprooted itself and wreaked havoc on a guest. The end result occasioned a fatality – a person died.
Considering that there was no rain at the material time; considering that there was no thunder, and considering that there was no lightening, and no gale force wind, Nigerian apologists of rituals and worshippers of demonic gods without heads, downsized the events that occurred as – “they are all in the cult – that’s what you get when you are in the cult”
Judge and Justices at Common Law
Any aggrieved person can sue a judge, but you cannot expect another judge to find him or her guilty. Same as taking a horse to the river but can you force her /him to drink? No way.
At Common Law I would have what lawyers call “right of action” against a holder of a judicial office, as in magistrate or judge who acts without jurisdiction, and who does so in bad faith. For example, if a judge knows that he has no power to do something, yet he goes ahead and does it anyway. In such a scenario situation, I should be able to sue that judge in damages. But would I succeed? I don’t think so.
The English Legal system hands out a carrot with the left hand, and collects them back with its right hand. So, under English Law, judges are empowered under the Supreme Court Act 1981 section 42 to stop any person from challenging them by closing the Gate of Justice to any such person. – See my book – “The ENGLISH LAW OF VEXATIOUS LITIGATION”
The British colonial administration of Nigeria lasted some 85 years. Naturally the British left a legacy, which would have transformed Nigeria into a GARDEN OF ENGLAND on the West Coast of Africa. Therefore, Nigerian legal profession and the entire framework of administration of justice, carry the face of the English Legal system, but the interior of the “Nigerian Legal Profession” is anything but —
Nigerian courts are for BIG people in corridors of power doing BIG-TIME embezzlement, BIG-TIME money laundering, BIG-TIME corruption, and getting away with all of those things BIG-TIME.
The same class of people which is lamenting corruption is the same class of people which is overhauling the wheel of corruption. Hence I have come to the conclusion that NIGERIA is not just the WORLD’S CAPITAL CITY of corruption, Nigeria is the parent, grandparents and great grandparents of corruption.
Pugilism at the Bar
In the blue corner we have the Chief Justice of the Federation and in the red corner we have the President of the Court of Apppppppppppppppppppppeeeeeeeeeeeeaaaaaaaaaaaaaaaaaallllllllllllllll.
The lawyer for the President of the Court of Appeal is one Mr. Lateef Fagbemi (SAN) (Senior Advocate of Nigeria).
An Originating Summons was issued on behalf of Honourable Justice Ayo Isa Salami against the Chief Justice of Nigeria (1st Defendant), Federal Judicial Service Commission (2nd Defendant), National Judicial Council (3rd Defendant), Attorney General of the Federation (4th Defendant)
In support of the Originating Summons, the Plaintiff President did not allow a member of staff in Mr. Lateef Fagbemi’s chamber to swear the Affidavit. He made his own Oath, signed it, and submitted it to the Registry of the Court. These are bullet points in his Affidavit:
• I have all along enjoyed my work as President of the Court of Appeal and did not have any issues or disagreement with the 1st defendant (Katsina- Alu) until the controversies over the gubernatorial election petition in Sokoto state came to light.
• Following my appointment as the President of the Court of Appeal, I found among the pending election petition appeals, the Sokoto State Gubernatorial election petition appeal.
• I set up panels of the Appeal Court to dispose of the pending petitions including that of Sokoto.
• I was however shocked when subsequent to the setting up of a panel on the Sokoto Gubernatorial election petition appeal, and after all parties had filed and exchange briefs, adopted same and judgment reserved the 1st defendant summoned me by telephone to his office in Abuja.
• The 1st defendant asked me to disband the panel I had set up for the appeal on the excuse that if the panel allowed the appeal and removed the Governor, the ripple effect would lead to a removal of our highly revered Sultan of Sokoto.
• The 1st Defendant could not convince me on the logic predicating his reasoning more especially as the Sultan was not a party to the election petition and as there is no nexus between any of the parties and the sultan, so I told him I would not disband the panel.
• The 1st Defendant then said in the alternative that I should direct the panel of justices to decide against the Appellant.
• To this again, I still said no, that I would not do anything to pervert the cause of justice.
• When the matter came before the 3rd Defendant (NJC), the committee set up to look into the complaint vindicated me and in clear terms told the 1st Defendant, he had no constitutional and statutory power to stop proceedings in any division of the Court of Appeal as he did.
• Since then there has been no love lost between me and the 1st Defendant.
• That the appeal in the Sokoto governorship election petition which was pending before the Sokoto Court of Appeal was eventually dismissed by the Supreme Court on 21st November, 2010 notwithstanding that the appeal was not before the Supreme Court.
• That initially, it came to me as a rumour that plans were being hatched by the 1st defendant along with some others to remove me from the post of President of the Court of Appeal.
• While I did not want to believe such rumours about my removal nonetheless put my ears and eyes to the ground.
• However on 2nd February, 2011 what had earlier passed as mere rumour became a reality as it became known that the 1st defendant had vigorously moved the meeting of the 2nd defendant on 1st or 2nd February, 2011 to accept his proposal to move me to the Supreme Court
• It is strange in the extreme to me that such ‘Greek gift’ was not even mentioned to me by the 1st defendant, presumably because my view did not count for anything.
• Again the matter was also considered top most secret by the 1st defendant that it was not listed on the agenda for the meeting.
• That as the president of the Court of Appeal of Nigeria, I am a statutory member of the Federal Judicial Service Commission, National Judicial Council amongst other judicial statutory bodies.
• That on Friday January 28, 2011, out of courtesy and respect for the 1st Defendant, I informed the latter of my inability to be present at the meeting of the 2nd defendant slated for Tuesday February 1, 2011.
• That I predicated my inability to attend the meeting aforesaid on the loss of an aunt whose eighth day Muslim prayers was fixed for Tuesday, February 1, 2011 at Ilorin in Kwara State and the fact that the agenda for the meeting of the 2nd Defendant which had earlier been sent out to members did not contain anything to warrant canceling of my trip to Ilorin.
• That I was encouraged by the 1st Defendant to attend my aunt’s eighth day prayer especially because there was nothing on the agenda serious enough to compel my attendance. That the purported meeting of the 2nd Defendant [Federal Judicial Service Commission] that the 1st Defendant directed that the deliberations should be kept a close secret.
• That at the purported meeting of 2nd February 2011 before the commencement, the 1st and 4th Defendant AGF held a private secret meeting in the chambers of the 1st Defendant where the plan was hatched for my removal to the Supreme Court.
• Notwithstanding the foregoing, the 2nd defendant [FJSC] on the 1st or 2nd February, 2011, resolved to nominate me to the 3rd defendant for appointment as a Justice of the Supreme Court.
Summary of Plaintiff President’s Complaints
“The Chief Justice of Nigeria, Honourable Justice Katsina-Alu asked him to compromise the Court of Appeal’s verdict on the Sokoto governorship legal issue by either disbanding the original panel, which he (Katsina-Alu) believed was about to give a verdict adverse to the governor’s interest or direct the panel to give judgment in the governor’s favour.
“The Plaintiff President is seeking an interlocutory injunction restraining the defendants jointly and or severally, by themselves, and all officers, servants and functionaries of the government of the Federal Republic of Nigeria or otherwise howsoever, from recognising, acting on, doing anything in recognition of or putting into effect any decision of the defendants purporting to appoint the plaintiff to the Supreme Court as a Justice of the Court pending the hearing and determination of the originating summons
The Plaintiff President says that his purported elevation (from the Court of Appeal to the Supreme Court) was done in bad faith:
“Obviously, the game plan to move me to the Supreme Court will facilitate the efforts of the 1st defendant to plant his own minion or stooge as the President of the Court of Appeal to do his biddings as and when needed.
“That I was not heard before the 2nd Defendant took its decision to recommend me for appointment as a Justice of Supreme Court of Nigeria.
“Quite naturally, when I became aware of the ill-motivated decision to move me to the Supreme Court, I wrote to the 1st defendant as Chief Justice of Nigeria and Chairman of the 3rd defendant to reject the decision. (A copy of his letter is an exhibit)
“I know as a matter of fact that such ill-motivated decision to move the President of the Court of Appeal to the Supreme Court has never happened in our legal history”.
He who dares wins
The issues for determination are – WHETHER it is not an abuse of process for the 1st Defendant to dismiss an appeal which is still pending before the Court of Appeal
WHETHER the 1st Defendant has not violated the Judicial Oath he took that he ‘will not allow his personal interest to influence his official conduct or his official decisions”
WHETHER the 1st Defendant did not make a fundamental error of judgment in inviting the current holder of the office of Chief Judge of the Federal High Court to look into the Plaintiff’s Complaints taking into account all of the circumstances surrounding the judicial killing of Saro Wiwa and 8 Ogoni people in 1995
