PCA: CJN swears in Adamu amid tight security

Chief Justice of Nigeria, Justice Aloysius Katsina-Alu

The Acting President of the Court of Appeal, Justice Dalhatu Adamu, was on Monday inaugurated barely 12 hours after he was named by President Goodluck Jonathan.

Adamu was inaugurated by the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu, at the national headquarters of the Appeal Court in Abuja at precisely 8.40 am amid tight security. However, at about the same time in Lagos, a coalition of civil society organisations led a protest to convey their displeasure with the inauguration.

A terse statement from the Special Adviser to the President on Media and Publicity, Dr. Reuben Abati, late on Sunday had announced the appointment of Adamu. The statement said Jonathan acted in exercise of the powers conferred on him by Section 238 (4) of the 1999 Constitution of the Federal Republic of Nigeria as amended.

The statement said Adamu would “perform the functions of the office of the president, Court of Appeal, pending when all issues relating to the office of the President of the Court of Appeal are resolved.”

The former PCA, Justice Ayo Salami, had been suspended by the National Judicial Commission for allegedly breaching the Code of Conduct and for his refusal to apologise to Katsina-Alu. Salami had accused the CJN of mounting pressure on him to compromise the appeal arising from a case on the 2007 Sokoto State governorship election. The NJC had also recommended that Jonathan should retire Salami.

Correspondents report that men of the Nigeria Police Force were deployed in the National Headquarters of the Court of Appeal to prevent what a source described as “a possible breakdown of law and order on the premises as a result of Salami’s suspension.”

A source in the Court of Appeal headquarters told correspondents that the fully armed police unit arrived on the premises as early as 5:00 am.

The unit included several men and officers of the force, as well as combat vehicles and ambulances.

Fears that Salami might resist the suspension were said to have prompted the decision to deploy the police personnel around the Court of Appeal headquarters, the source explained.

Judicial authorities were said to have envisaged confusion, and possibly unrest, if Salami had defied his suspension to report to office.

However, Salami did not turn up at the Court of Appeal headquarters on Monday.

A statement by the Deputy Director (Press and Information) of the Supreme Court, Mr. Festus Akande, said Adamu was sworn in at exactly 8:40 am within the premises of the Supreme Court in Abuja.

Katsina-Alu, in a brief remark at the event admonished Adamu “to be forthright and focused as no one is a repository of wisdom.”

The CJN advised the acting PCA to “always listen to wise counsel” and follow the dictates of his conscience and the Constitution of the Federal Republic of Nigeria.

Adamu was of the Sokoto Division of the Court of Appeal.

The Lagos protesters, led by former Secretary of the defunt National Democratic Coalition, and President of Campaign for Democracy, Dr. Joe Okei-Odumakin, delivered a protest letter to Governor Babatunde Fashola alleging the “desecration of the judiciary.”

Fashola described the action of Jonathan in appointing an acting PCA as a “very quick rush.”

Meanwhile, correspondents in Abuja report that none of the two suits filed by Salami to challenge the NJC’s decision to sanction him had been assigned to any judge.

In the first suit, Salami had sought the order of the court in stopping the NJC from punishing him over his refusal to obey the Council’s directive within seven days.

Cited as defendants in the suit are the NJC, the CJN, NJC Deputy Chairman, Justice Dahiru Musdapher, Justice Umaru Abdullahi, Justice Emmanuel Ayoola, Justice Dominic Edozie, Justice Michael Akpiroroh, Mrs. Rakia Sarki Ibrahim, Justice Ibrahim Ndahi Auta, Justice Kate Abiri, and Justice Peter Umeadi.

In the second suit, filed on Friday, August 19, 2011, Salami had also challenged his suspension by the NJC, asking the Court to restrain the National Assembly from giving effect to the decision.

Cited as defendants in the second suit are the NJC, Katsina Alu, Musdapher, the Attorney-General of the Federation, Mohammed Bello Adoke (SAN); Senate President David Mark; and the Clerk of the National Assembly.

However, none of the two suits, filed by Salami’s counsel, Akin Olujinmi(SAN), Rickey Tarfa (SAN), and Chief Adeniyi Akintola (SAN), had been assigned a date for hearing when Jonathan endorsed his suspension and approved Adamu’s appointment as the acting PCA.

Reports indicate that Adamu immediately commenced duties in the office of the PCA after his inauguration on Monday.

The source in the court also said that Salami’s security detail was withdrawn on Monday morning, following Jonathan’s endorsement of his suspension. The security detail had earlier been withdrawn following his suspension by the NJC but was later reinstated last Thursday before being finally withdrawn on Monday.

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