A former President of the Court of Appeal (PCA), Justice Isa Ayo
Salami has faulted the terms of reference of the Corruption and
Financial Crime Cases Trial Monitoring Committee (COTRIMCO), which
is due for inauguration today.
He also said the committee’s exercise may amount to time wasting
and a huge theatrical show.
Justice Salami said he rejected his appointment as the chairman
of COTRIMCO because of the inclusion of certain lawyers in the
committee based on their antecedents, divided interest and personal
relationship.
Justice Salami bared his mind in a letter to the Chief Justice
of Nigeria and National Judicial Council, Justice Walter Onnoghen
(GCON).
In the letter, he said although the CJN agreed to remove the
affected legal practitioners from the committee, he was not ready
to accept it as it would “amount to buying a pig in a poke”.
The letter said: “Please refer to Your Lordship’s letter Ref.
No. NJC/6/4/76/1/1 of 9th October, 2017 and our (Onnoghen/Salami)
discussion of Thursday, 12th October, 2017 in Your Lordship’s
chambers on the above mentioned committee.
“At the meeting, I raised serious objection to the inclusion of
certain legal practitioners in the committee based on their
antecedents, divided interest and personal relationship with one of
them whom I strongly believe I cannot work with.
“Your Lordship apparently agreed with me that their inclusion
was inauspicious based on petitions or protests you had received
against their membership of the committee but Your Lordship was of
the view that their removal at this stage would be premature and
should be deferred till after the inauguration of the
committee.
“I do not agree with Your Lordship’s approach to the problem and
I am respectfully not prepared to accept it as it would amount to
buying a pig in a poke. It is easier to remove them before
inauguration than after inauguration.”
Justice Salami also faulted the committee’s terms of reference
and the relevance of some state Chief Judges on the panel.
The letter added: “On my return to Ilorin on that 12th October,
2017, I met the letter under reference, which was forwarded to me
by courier, waiting for me.
“The letter contained the terms of reference of the committee
which is mainly to be watching the proceedings of courts designated
by the chief judges across the country for trial of corruption
cases.
“With the greatest respect, I do not know what we stand to gain
by merely watching the proceedings of these courts. A judge who is
quiet or friendly to counsel may not necessarily be honest neither
is the one who is boisterous dishonest.
“Even then the most reckless amongst them would not be foolhardy
to misconduct himself in the presence of the committee. He would
clearly conduct himself respectfully for so long as it takes.
“I wish to remind My Lord that the devil itself does not know
the darkest part of a man’s mind. Our sitting in court watching the
proceedings would not disclose the intention of the presiding
judge.
“The whole exercise would tantamount to time wasting and a huge
theatrical show as we would not be there when he is writing his
judgment.”
The ex-President of the Court of Appeal asked the CJN to be more
forthcoming on what the NJC would gain by setting up the
committee.
He said: “I, therefore, most respectfully stand to be persuaded
on what the National Judicial Council stands to gain by setting up
this committee.
“If, however, it feels very strongly about it, council could
make one of its members chairman of the body. There are five
retired Justices of the Supreme Court and Court of Appeal,
including a former President of the Court of Appeal, in the
National Judicial Council.
“After all the committee is that of the National Judicial
Council as suggested above and I am not a member of the council. My
own duty would just have been to submit a report to the council for
its consideration and conclusion, a role that would be better
performed by a member of the council.
“My Lord, the Chief Justice of Nigeria, another dilemma the
committee might face is the inclusion of the five chief judges of
some states in it. What happens to their primary function – the
administration of their various courts? Would they abdicate their
responsibility to their courts or be taking time off to see to the
running in order to ensure their stability? What would the
committee do during their absence; wait for them or proceed without
them?
“Either view is not salutary to the function of the committee.
If we wait for them, the work of the committee would be delayed and
if we proceed without them, they would not be seized of all the
facts to enable them participate fully in the deliberations of the
committee and to defend its report in council.”
Justice Salami thanked the CJN for honouring him with the
appointment because it will facilitate the healing process in the
nation’s Judicial system.
A statement by the Director of Information, National Judicial
Council (NJC), Mr. Soji Oye, said the CJN “picked a retired Justice
of the Supreme Court, Hon. Justice Mr. Suleiman Galadima, CFR, as
the new chairman of the committee.
The statement said: “Justice Galadima is to replace Hon. Justice
Mr. Ayo Salami (retired) who excused himself from the committee as
the chairman, after initially accepting to serve.
The committee will be inaugurated tomorrow, Wednesday, November
1st, 2017 by Hon. Justice Mr. Onnoghen, at the Council’s Conference
Hall by 2pm.
Hon. Justice Mr. Galadima, CFR, was born October 1946 in
Nasarawa State. He attended Government College, Keffi where he
obtained the West Africa School Certificate in 1965 before he
proceeded to Ahmadu Bello University where he obtained a bachelor’s
degree in Law in 1977 and was called to the Bar after he graduated
from the Nigerian Law School in 1978.
He later received a master’s degree in Law from the University
of Jos in 1985.
“He joined the Anambra State Judiciary as Magistrate on July
1988 and in 1990, he was appointed as the Attorney-General and the
Commissioner for Justice, Plateau State.
“On May 1991, he became the High Court Judge of Plateau State.
At the creation of Nasarawa State in 1996, he was appointed as its
pioneer Chief Judge of the State.
“On December 9, 1998, he was appointed to the Court of Appeal
and on August 2010, he was appointed to the Supreme Court of
Nigeria.
“He retired on October 10, 2016, at the mandatory retirement age
of 70 years.
“Hon. Justice Mr. Galadima is famous for his leading judgement
in Shina Oketaolegun Vs. State, SC. 334A/2012, wherein he held that
the Court of Appeal correctly reviewed the evidence led by both the
prosecution and the defence in which he agreed that the evidence of
one credible witness can justify conviction.”
Other members of the committee are the Chief Judge, Borno State,
Justice Kashim Zannah; the Chief Judge of Imo State, Justice P.O.
Nnadi; Chief Judge Delta State, Justice Marsahal Umukoro, Chief
Judge of Oyo State, Justice M. L. Abimbola. Others are the
President of the Nigerian Bar Association, Mr. A.B Mahmoud (SAN);
former NBA Presidents, Chief Wole Olanipekun (SAN); Mr. Olisa
Agbakoba (SAN); Mr. J.B Daudu (SAN); and Mr. Augustine Alegeh
(SAN); Dr. Garba Tetengi (SAN); Mrs. R.I Inga, Representative of
Non-Governmental Organisations, Representative from the Ministry of
Justice, Representative from the Institute of Chartered Accountants
of Nigeria, ICAN, as well as the Secretary of the NJC, Mr. Gambo
Saleh.
A former President of the Court of Appeal (PCA), Justice Isa Ayo
Salami has faulted the terms of reference of the Corruption and
Financial Crime Cases Trial Monitoring Committee (COTRIMCO), which
is due for inauguration today.
He also said the committee’s exercise may amount to time wasting
and a huge theatrical show.
Justice Salami said he rejected his appointment as the chairman
of COTRIMCO because of the inclusion of certain lawyers in the
committee based on their antecedents, divided interest and personal
relationship.
Justice Salami bared his mind in a letter to the Chief Justice
of Nigeria and National Judicial Council, Justice Walter Onnoghen
(GCON).
In the letter, he said although the CJN agreed to remove the
affected legal practitioners from the committee, he was not ready
to accept it as it would “amount to buying a pig in a poke”.
The letter said: “Please refer to Your Lordship’s letter Ref.
No. NJC/6/4/76/1/1 of 9th October, 2017 and our (Onnoghen/Salami)
discussion of Thursday, 12th October, 2017 in Your Lordship’s
chambers on the above mentioned committee.
“At the meeting, I raised serious objection to the inclusion of
certain legal practitioners in the committee based on their
antecedents, divided interest and personal relationship with one of
them whom I strongly believe I cannot work with.
“Your Lordship apparently agreed with me that their inclusion
was inauspicious based on petitions or protests you had received
against their membership of the committee but Your Lordship was of
the view that their removal at this stage would be premature and
should be deferred till after the inauguration of the
committee.
“I do not agree with Your Lordship’s approach to the problem and
I am respectfully not prepared to accept it as it would amount to
buying a pig in a poke. It is easier to remove them before
inauguration than after inauguration.”
Justice Salami also faulted the committee’s terms of reference
and the relevance of some state Chief Judges on the panel.
The letter added: “On my return to Ilorin on that 12th October,
2017, I met the letter under reference, which was forwarded to me
by courier, waiting for me.
“The letter contained the terms of reference of the committee
which is mainly to be watching the proceedings of courts designated
by the chief judges across the country for trial of corruption
cases.
“With the greatest respect, I do not know what we stand to gain
by merely watching the proceedings of these courts. A judge who is
quiet or friendly to counsel may not necessarily be honest neither
is the one who is boisterous dishonest.
“Even then the most reckless amongst them would not be foolhardy
to misconduct himself in the presence of the committee. He would
clearly conduct himself respectfully for so long as it takes.
“I wish to remind My Lord that the devil itself does not know
the darkest part of a man’s mind. Our sitting in court watching the
proceedings would not disclose the intention of the presiding
judge.
“The whole exercise would tantamount to time wasting and a huge
theatrical show as we would not be there when he is writing his
judgment.”
The ex-President of the Court of Appeal asked the CJN to be more
forthcoming on what the NJC would gain by setting up the
committee.
He said: “I, therefore, most respectfully stand to be persuaded
on what the National Judicial Council stands to gain by setting up
this committee.
“If, however, it feels very strongly about it, council could
make one of its members chairman of the body. There are five
retired Justices of the Supreme Court and Court of Appeal,
including a former President of the Court of Appeal, in the
National Judicial Council.
“After all the committee is that of the National Judicial
Council as suggested above and I am not a member of the council. My
own duty would just have been to submit a report to the council for
its consideration and conclusion, a role that would be better
performed by a member of the council.
“My Lord, the Chief Justice of Nigeria, another dilemma the
committee might face is the inclusion of the five chief judges of
some states in it. What happens to their primary function – the
administration of their various courts? Would they abdicate their
responsibility to their courts or be taking time off to see to the
running in order to ensure their stability? What would the
committee do during their absence; wait for them or proceed without
them?
“Either view is not salutary to the function of the committee.
If we wait for them, the work of the committee would be delayed and
if we proceed without them, they would not be seized of all the
facts to enable them participate fully in the deliberations of the
committee and to defend its report in council.”
Justice Salami thanked the CJN for honouring him with the
appointment because it will facilitate the healing process in the
nation’s Judicial system.
A statement by the Director of Information, National Judicial
Council (NJC), Mr. Soji Oye, said the CJN “picked a retired Justice
of the Supreme Court, Hon. Justice Mr. Suleiman Galadima, CFR, as
the new chairman of the committee.
The statement said: “Justice Galadima is to replace Hon. Justice
Mr. Ayo Salami (retired) who excused himself from the committee as
the chairman, after initially accepting to serve.
The committee will be inaugurated tomorrow, Wednesday, November
1st, 2017 by Hon. Justice Mr. Onnoghen, at the Council’s Conference
Hall by 2pm.
Hon. Justice Mr. Galadima, CFR, was born October 1946 in
Nasarawa State. He attended Government College, Keffi where he
obtained the West Africa School Certificate in 1965 before he
proceeded to Ahmadu Bello University where he obtained a bachelor’s
degree in Law in 1977 and was called to the Bar after he graduated
from the Nigerian Law School in 1978.
He later received a master’s degree in Law from the University
of Jos in 1985.
“He joined the Anambra State Judiciary as Magistrate on July
1988 and in 1990, he was appointed as the Attorney-General and the
Commissioner for Justice, Plateau State.
“On May 1991, he became the High Court Judge of Plateau State.
At the creation of Nasarawa State in 1996, he was appointed as its
pioneer Chief Judge of the State.
“On December 9, 1998, he was appointed to the Court of Appeal
and on August 2010, he was appointed to the Supreme Court of
Nigeria.
“He retired on October 10, 2016, at the mandatory retirement age
of 70 years.
“Hon. Justice Mr. Galadima is famous for his leading judgement
in Shina Oketaolegun Vs. State, SC. 334A/2012, wherein he held that
the Court of Appeal correctly reviewed the evidence led by both the
prosecution and the defence in which he agreed that the evidence of
one credible witness can justify conviction.”
Other members of the committee are the Chief Judge, Borno State,
Justice Kashim Zannah; the Chief Judge of Imo State, Justice P.O.
Nnadi; Chief Judge Delta State, Justice Marsahal Umukoro, Chief
Judge of Oyo State, Justice M. L. Abimbola. Others are the
President of the Nigerian Bar Association, Mr. A.B Mahmoud (SAN);
former NBA Presidents, Chief Wole Olanipekun (SAN); Mr. Olisa
Agbakoba (SAN); Mr. J.B Daudu (SAN); and Mr. Augustine Alegeh
(SAN); Dr. Garba Tetengi (SAN); Mrs. R.I Inga, Representative of
Non-Governmental Organisations, Representative from the Ministry of
Justice, Representative from the Institute of Chartered Accountants
of Nigeria, ICAN, as well as the Secretary of the NJC, Mr. Gambo
Saleh.
Read more https://www.nairalaw.com/panels-duties-may-be-time-wasting-says-salami/