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| Gbenga Ashafa |
The suspension he said was a clear violation of the rule of law.
Ashafa, in a statement on Thursday, also declared that the President’s silence on the Salami issue was tantamount to betrayal.
He said, “There comes a time when silence is betrayal. The sudden, wrong-procedural and unconstitutional suspension of Justice Ayo Salami not only portends debilitating dangers to our democracy, it also set a very dangerous precedent. We are gradually drifting back to the age of vilification of public office and sacrilege of the Constitution even to the detriment of the average man.”
The senator pointed out that sacrosanct of the rule of law and its defence by the citizenry remained the only tonic that democracy needs to thrive in any nation. He added that arbitrariness would lead to lawlessness, which would not augur well for anybody.
He added, “The unfortunate removal of Justice Ayo Salami as the President of the Court of Appeal can be looked at in three ways: does the National Judicial Council have the power under any provision of the Constitution to suspend Justice Salami as it did? Should NJC have proceeded to exercise a purported power of suspension, when Justice Salami had gone to court to challenge the committee’s report that directed that he should apologise to the Chief Justice of Nigeria for offending the Code of Judges i.e. talking to the press? Can the President of the Federal Republic of Nigeria on his own alone, act on the recommendation of NJC to remove Justice Salami as the President of the Court of Appeal?”
Quoting Section 238 of the 1999 Constitution, Ashafa said the NJC power was to make recommendation to the President for the appointment of the President of the Court of Appeal and the other Judges of that Court, adding that the power to suspend was not added.
He said, “By suspending Justice Ayo Salami, NJC acted without power under any enabling provision of the Constitution to do what it did. Let us agree that NJC could make recommendation to the President for the removal of the President of the Court of Appeal in view of its power to make recommendation for appointment, the power to remove the President of the Court of Appeal can only be exercised by the President of the Federal Republic of Nigeria acting on an address supported by two-thirds majority of the Senate.”
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Mr president would have consulted his special adviser on legal matter/attorney general/NJC inline with the consistution before taking such action.He should be diplomatic in dealing with professionals .and frequently asking question that will guide him in his voyage.Nobody check Section 238 of the 1999 Constitution.
ReplyDeleteEverybody is castigating the President for acting according to the recommendation of NJC. Can anybody tell me what President Goodluck supposed to do in this type of situation. ting the President for acting according to the recommendation of NJC. Can anybody tell me what President Goodluck supposed to do in this type of situation.
ReplyDeleteMr senator, you said section 238 only mention recommendation noting like power to suspend, what do you mean. are you saying the presidency run NJC or what? he is the president he follow what ever recommendation given. so pls don’t get your followers confused.
ReplyDeleteMr president shld beware that nigerians team up ad voted 4 him,so i advce him to reverse the case of justice salami. ABDUL MUSA
ReplyDeleteSenator Gbenga Ashafa please can u & ACN, PDP, CPC, ANPP, APGA tell Nigerians your contribution to reduce the 25% of annual budget spent on national assembly. U people cry only where ur interest is affected and keep silent where u benefit. Same people! Same character! Same corruption pattern!
ReplyDeleteNigerians should not be surprised at this turncoat.Its a case of “He who pays the piper dictates the tune”
ReplyDelete