Post by play on Dec 4, 2012 18:29:36 GMT
President Goodluck Jonathan on Tuesday urged the Federal High Court in Abuja to strike out the case brought against him over the suspension of Justice Ayo Salami as President of the Court of Appeal.
The News Agency of Nigeria reports that 11 human rights activists are in court, challenging the continued suspension of Salami, the News Agency of Nigeria reports.
Jonathan’s lawyer, Mr. Matthew Echo, had raised an objection on the validity of the suit.
Echo argued that the plaintiffs, who filed the suit on behalf of themselves and the Registered Trustees of the Centre for the Promotion of Arbitration, did not have the locus standi.
He further submitted that the plaintiffs did not have sufficient interest in the matter.
The counsel contended that the plaintiffs had not shown any authority granted them by the Trustees of the Centre for the Promotion of Arbitration to maintain the action on their behalf and held that the plaintiffs’ reliefs were indeterminable and merely academic in nature.
He said the reliefs should be expunged as there was no cause of action established against the defendants.
The plaintiffs had asked the court to determine whether Jonathan had the powers to recall Salami.
They also want the court to determine whether Jonathan could re-appoint Justice Dalhatu Adamu as acting President of the Court of Appeal without the recommendation of the National Judicial Council.
The NJC aligned itself with the plaintiffs on both issues, submitting that Jonathan had no powers under the law to recall Salami.
It further contended that Adamu’s appointment as acting President of Court of Appeal was illegal.
“By virtue of the combined provisions of sections 153, 158 (1), of the Constitution, the NJC has the powers to recall Salami.
“NJC’s power to exercise disciplinary control over judicial officers is contained in Paragraph 21 (1), Part 1 of the Constitution and it can do that without recourse to the President.
“We submit that based on Section 238 (5) that the continued stay of Adamu as President of the Court of Appeal is unconstitutional and illegal,” it said.
Justice Adamu Bello reserved January 17, 2013 for the adoption of written addresses.
The News Agency of Nigeria reports that 11 human rights activists are in court, challenging the continued suspension of Salami, the News Agency of Nigeria reports.
Jonathan’s lawyer, Mr. Matthew Echo, had raised an objection on the validity of the suit.
Echo argued that the plaintiffs, who filed the suit on behalf of themselves and the Registered Trustees of the Centre for the Promotion of Arbitration, did not have the locus standi.
He further submitted that the plaintiffs did not have sufficient interest in the matter.
The counsel contended that the plaintiffs had not shown any authority granted them by the Trustees of the Centre for the Promotion of Arbitration to maintain the action on their behalf and held that the plaintiffs’ reliefs were indeterminable and merely academic in nature.
He said the reliefs should be expunged as there was no cause of action established against the defendants.
The plaintiffs had asked the court to determine whether Jonathan had the powers to recall Salami.
They also want the court to determine whether Jonathan could re-appoint Justice Dalhatu Adamu as acting President of the Court of Appeal without the recommendation of the National Judicial Council.
The NJC aligned itself with the plaintiffs on both issues, submitting that Jonathan had no powers under the law to recall Salami.
It further contended that Adamu’s appointment as acting President of Court of Appeal was illegal.
“By virtue of the combined provisions of sections 153, 158 (1), of the Constitution, the NJC has the powers to recall Salami.
“NJC’s power to exercise disciplinary control over judicial officers is contained in Paragraph 21 (1), Part 1 of the Constitution and it can do that without recourse to the President.
“We submit that based on Section 238 (5) that the continued stay of Adamu as President of the Court of Appeal is unconstitutional and illegal,” it said.
Justice Adamu Bello reserved January 17, 2013 for the adoption of written addresses.
