intersociety
(Chima Ubani Centre, Onitsha Nigeria: 27th
January 2019)-the attention of
Intersociety is drawn to attempts by agents of
darkness and forces of tyranny and lawlessness to equate the recent
executive coup against the Nigerian Judiciary by recalling
the Salami-Alu Gate scandal and linking or comparing same with the
former to justify the brazen and dictatorial act of President
Muhammadu Buhari and his company.
This is not the first time since recent years the agents of
darkness and profiteers of anarchy, lawlessness and tyranny would
draw such infamous and perfidious comparism or linkage. When it was
time for the immediate past IGP to go, they wanted him to stay
beyond his statutory tenure, reminding Nigerians that it was done
in the past during the military and civilian periods. When a
retired director of SSS was recalled from his retirement since 2013
as a retired State director of SSS and appointed DG, SSS, they also
defended same saying it was done in the past.
CP Ibrahim Magu has been the ”acting Chairman of EFCC” for three
years or more and the same agents of darkness came out and defended
it. Retired Col Hamid Ali was appointed to head the Nigerian
Customs Service instead of a qualified deputy comptroller gen or
assistant comptroller gen, they said it was normal and cited a past
precedent; INEC was without its full statutory national
commissioners and REC for several months, they defended it; Buhari
spent 150 days in office without a cabinet, they said it was
democratic; Buhari rose and dustbined the Constitution and flooded
the country’s top security positions with Hausa-Fulani Officers and
they said it is sound and democratic; and now the same Buhari
has risen, organized and executed a broad day light coup against
the Judiciary, they said it was right, after all “Jonathan removed
Salami”.
To these agents of darkness and profiteers of human misery and
disorderliness, it does not matter if such past precedents were
done dictatorially or in brazen disregard to the due process, rule
of law, fairness and the constitution. It does not matter to them,
too, if Nigeria goes the way of Rwanda or chronically lags behind
as a country as long as monies are borrowed from international
lending institutions and local capital markets; shared or looted
and re-looted with crumbs filtering into their cursed pockets.
Shockingly, the greater percentage of these agents of darkness
darkening and blackening the country’s democracy and decent living
are professed “human rights activists and social crusaders of the
old or Nigeria’s military’s inglorious epoch”; now turned enemies
of democracy and underminers of the country’s rule of law and
societal decency. The same military and tyrannical zealot and
zealotry they labored to fight and defeat are now their hero and
collective symbol. What a tragedy? How did Nigeria and Nigerians
get to this point of chronic irreversibility? Who did this to
Nigeria and these turncoats?
For the records, Nigerians are hereby reminded that the Katsina
Alu-Isa Salami Gate scandal was conscientiously championed by
Intersociety. As clearly provided in the piece
below, the parties became desperate and panicky and hired moles and
other amenable groups to flood NJC with petitions in their favor;
diminishing or attempting to diminish the substance of the matter.
Intersociety wrote its own independent petition to
NJC calling for thorough and unbiased probe of Hon Justices
Aloysius Katsina Alu and Ayo Isa Salami.
As clearly stated below, our letter was duly dated and
referenced and addressed to the Deputy Chairman of NJC, Honourable
Justice Dahiru Musdapher, CFR, dated 24th February 2011.
The NJC graciously acknowledged same via a reply sent to
Intersociety dated 2nd March 2011
through its Deputy Chairman, Hon Justice Dahiru Musdapher with Ref:
NJC/F.2/CA.1/1/39. Intersociety’s letter was
collectively adopted by NJC after its marathon meeting, after which
it held a press conference announcing the adoption of our petition,
among other things. Nigerian media archives still contain the
stories of the said NJC press conference and mentioning of
Intersociety as the lead-petitioner. See the rest
of the details below.
Consequently, contrary to the position of the agents of darkness
under reference, (1) there is no iota of comparism between Buhari’s
broad day light coup against the Judiciary and the NJC recommended
removal of Hon Justice Ayo Isa Salami (then President of the Court
of Appeal) and exoneration of Hon Justice Aloy Katsina Alu (then
Chief Justice of Nigeria). (2) Hon Justice Salami was
presidentially removed based on NJC recommendation. (3) The NJC
meeting was never presided over by Hon Justice Alu as then CJN but
by Hon Justice Dahiru Musdapher as “the next most senior Justice of
the Supreme Court of Nigeria”.
(4)The then CJN and the PCA were not removed from their
respective positions or offices during the NJC probe. (5) Unlike
Buhari’s broad day light coup against the CJN, Jonathan acted on
recommendation of the NJC. (6) Buhari and his slavish and biased
advisers including the so called “Learned Silk” among them were so
politically desperate that they refused and failed to take recourse
to NJC waiting for its recommendation; but opted for executive coup
and recklessness.
It must be warned that if care is not taken in this country,
these agents of darkness majorly drawn from mainstream and online
media and compromised Civil Society Community and legal profession
will set Nigeria on fire. They have already crossed the red lines
of toleration and must be watched closely and quarantined before
they cause Nigeria to go up in flames and become a ghost town of
Rwandan quantification.
Below is the text of our reaction to power games played in the
NJC on account of the said Alu-Salami Gate scandal over alleged
compromising roles of the duo in the Osun, Ekiti and Sokoto
Governorship Election Petitions judgments. While Hon Justice
Katsina Alu was accused of compromising the Sokoto Governorship
Election judgment, Hon Justice Ayo Isa Salami was alleged to have
been caught electronically compromising himself and his position in
the Osun and Ekiti States Governorship Petition Tribunals and their
judgments. It was also PDP versus ACN political tussle.
Signed
For: Int’l Society for Civil Liberties & the Rule of
Law
Emeka Umeagbalasi, Chinwe Umeche and
Obianuju Joy Igboeli
Contacts:
Mobile Line: +2348182411462
Email: info@intersociety-ng.org[1]
Website: www.intersociety-ng.org[2]
“Intersociety’s Public Comment
Alu-gate Versus Salami-gate: How Blue-Curtain Culture
Murdered The Truth
(Onitsha Nigeria, August 22nd 2011)-On
24th February, 2011, the leadership of
International Society for Civil & the Rule of
Law-Intersociety, wrote the National Judicial Council of Nigeria,
through the Honourable Justice Dahiru Musdapher, CFR,
in his capacity as the Deputy Chairman of
the Distinguished Council. Our rooting the letter
through the Honourable Deputy Chairman, who is also a
Distinguished Justice of the Supreme Court of Nigeria, was in line
with the sacred principles of “Audi Alteram Partem”
and “Nemo Judex In Causa Sua”, that is to say: in matters of civil
and criminal enquiries, fair-hearing must be ensured
and a remote or overt interested party must not sit
over such enquiries so as not to be a judge in their
own case. Therefore, since the Honourable Chairman of
the NJC and CJN, Honourable Justice Aloysius Katsina Alu, GCON, was
also accused of involvement in the allegations, we
considered it immoral and legally thoughtless to channel our letter
to his office.
We also discovered that all the organizations and bodies
that forwarded petitions over the matter rooted
theirs wrongly (i.e. via the CJN). Another observation that
necessitated our writing the NJC, was a discovery
that most of the said bodies, especially those from Lagos and Abuja
axis appeared as if they were sympathetic to either
of the two parties. While most rooted for the removal
of the retiring CJN and shielding of the PCA, few rooted for the
removal of both CJN and PCA.
Apart from the fact that it was the neutrality of our letter
that made it a lead-petition, the report of the NBA
Committee that looked into the allegations, which was widely
publicized recently in the leading national dailies
also pointed out this fact in its column dedicated for
Intersociety. As a result, our petition formed the
background of the NBA/NJC’s enquiries. On 2nd
March, 2011, the NJC, through its Deputy
Chairman, acknowledged our letter of 24th
February 2011, through Ref:
NJC/F.2/CA.1/1/139. Since the release of the NBA’s report
and the ongoing show of shame between the NJC and the
PCA, Honourable Justice Ayo Isa Salami, OFR, we had been bombarded
with calls and enquiries from the journalists and
other relevant bodies as per why we have not aired
our opinion over the subject under reference, more so
when it has fully become the ACN and the
PDP affair.
Consequently, our informed reaction to all this is as
follows: 1. we are deeply shocked and disappointed
over the way and manner the NJC/NBA handled the said enquiries as
well as their findings. 2. Our non-reaction on the
heels of all this, particularly the release of the said
report, stemmed from the said shock and surprise.3.
The findings of the NBA/NJC are shallow,
watery, protective, provocative, and a blue-curtain
inspired enquiries. 4. The findings further showed
the extent of rot in the nation’s judiciary, and
place it in a villainy award competition with the
nation’s hitherto most corrupt institution-the
Nigeria Police Force. 5. The findings also showcased
the intractable inculcation of the culture of
blue-curtain in the nation’s intra agencies’ civil and
criminal enquiries, which further encourage rabid
impunity. 6. With these, it has become obvious that
our election petitions are crudely bribery-laden,
which can best be described as judiciary’s “blooddiamond”.
In the field of police psychology and the criminology &
security studies, “blue-curtain”, which is
a sub-topic in the “police personality”, is the
unwillingness of a police officer to investigate and
indict his or her fellow police officer, accused of
crime or misconduct, in the spirit of “partners in
uniform”.
It also involves aiding the police officer to escape justice
or indictment, on the ground that the person who laid
the complaint should be seen and treated as an “outsider” and an
“enemy number one”. This, obviously, must have been
the case in the matter under reference.
Asking “unclean hands” to visit equitable sanctions against
his “unclean” colleagues is an act of
impossibility. Apart from the fact that the NJC/NBA
goofed unpardonably in the said enquiries, the retiring
CJN and the soon-to-be retired PCA, appeared to be
shameless and immoral. For political reasons,
they refused to throw in the towel at the appointed
time so as to save the top echelon of the
Nigerian Judiciary from further show of shame and
precipitation. They also resolved to remain
utterly legalistic in utter defiance of moral
decency. We dare say that no matter the quantum of
legal escapist jargons employed by their “learned
espirit de corps” to free them from the
obvious culpability, the incontrovertible prima facie
pieces of evidence attached to the allegations,
remain that the CJN goofed unpardonably over the
Sokoto State Governorship Matter, by over-stepping
his constitutional bounds. The power to “constitute
or empanel and dissolve election tribunals,
arrest their judgments”, etc, with the exception of
the final adjudication of the presidential election
cases in Nigeria, expressly lies with the President
of the Court of Appeal( PCA). The mere allegation of
the leakage of a judgment cannot warrant such
extra-constitutional interference by the CJN, except
in related matters pending before the Supreme Court,
in cases within the Apex Court’s jurisdiction.
On the other hand, the case against the PCA, Honourable
Justice Ayo Isa Salami, OFR, is dicier and criminally
damaging. Till date, the same set of senior lawyers, who defended
the ACN in the Osun and Ekiti States’ governorship
matters, whom the PCA was accused of dilly dallying with, when
he presided over the said matters, are the same team
of lawyers defending him in courts today.
Further to this, is the alacrity with which the Southwest
based lawyers, NGOs and the leaderships of the Action
Congress of Nigeria are defending the role of the PCA. Our initial
entry into the matter was because of the foregoing
manifest biases. The NBA/NJC’s blanket exoneration of the PCA
over his involvement in the electronic conversations
with the ACN chieftains and lawyers, among
other related accusations, despite the
incontrovertible records of call-logs,etc, is the height of
miscarriage of justice. Also, the NJC’s statement
that the CJN “acted in good faith” by interfering with
the Sokoto State Governorship Judgment is unknown to
our body of laws, which means that the NBA/NJC
committees have” enacted another constitution for Nigeria and
Nigerians”.
Consequently, we see the suspension from office, of the PCA,
by the NJC as meting the wrong penalty to the wrong
person. The right penalty for the PCA should have been the outright
removal from office and his criminal prosecution for
gross misconduct, by using his exalted public office
as “business enterprise”, etc, during his
“over-seer-ship” in the Osun and Ekiti States’
Governorship Matters. Suspending him from office, on
the ground that “he lied under oath”, and against the
CJN, is a wrong application of the laws of
punishment. The retiring CJN should have been removed
from office, as well, for gross violation of the
Constitution. If he was found involved in any
material inducement in the said matter, he should
have faced criminal prosecution as well. In the
meantime, the PCA’s refusal to vacate his office on
the strength of the NJC’s directive is an invitation to
anarchy.
It is also a dangerous precedent. The PCA, by this singular
act, is introducing an anarchic doctrine; whereby
governors impeached by their legislators or removed by electoral
courts, will refuse to vacate office, on the grounds
of “pendency of matters in courts” or “faulty processes”. It is
our advice to the PCA and his lawyers to comply with
the NJC’s constitutional directive, first, and
contest the processes of his removal in courts, with
motions for accelerated hearing of their suits.
The doctrine of “obey before complain” is very
important in this respect.
Finally, it is obvious that the top echelon of the country’s
judiciary has been highly politicized
and bastardized. It may be correct to say that the
retiring CJN is a card-carrying member of the PDP
and the PCA, ACN’s chieftain in the nation’s top
judiciary. If this is true, then all the
election-related judgments that went the ways of the
PDP and the ACN might not have been predicated on merit
and sound legal grounds. For the fact that
administrative enquiries were conducted into the
said despicable roles does not stop the proper
criminal investigations into same by the
appropriate agencies. Therefore, we call for proper
criminal investigations of the duo of the CJN and the PCA
by relevant criminal investigation agencies with a
view to sanctioning them appropriately.
Signed:
Emeka Umeagbalasi, Chairman, BOT
+234(0)8033601078”
References
- ^
info@intersociety-ng.org
(nairalaw.com) - ^
www.intersociety-ng.org
(www.intersociety-ng.org)
Niger Delta
FRIN to Clean-Up Ogoniland- Minister
Minister of Environment, Hassan Suleiman Zarma has said that the
Forestry Institute of Nigeria Ibadan, FRIN, has a very crucial role
to play in the cleanup of Ogoniland especially in the
re-establishment of the Mangroves and general restoration of
remediated land.
The Minister who stated this at the weekend during his working
visit to Ibadan, directed the institute to scale up its research
efforts and training in addressing issues of gully erosion using
biological means, desertification, pollution control and climate
change
While noting that the Programmes of the institute cut across all
areas of Biodiversity, he affirmed that it is strategically placed
to support and enable the achievements of National Afforestation
targets through the production and improvement of indigenous
species, establishment of exotic species, Timber utilization,
Forest products and development, Bio-medicinal research, modelling
forest growth, conservation of natural resources and environmental
forestry and protection.
After inspecting the facilities and ongoing projects of the
institute, the Minister who was visibly happy with what he saw on
ground, acknowledged that the Institute has become a model of
innovation in its core mandate area and has demonstrated its
capacity to deliver on Nigeria’s commitment to the Paris agreement
on Climate Change.
“I am pleased to note that as the lead agency on the
afforestation programme funded via the green bonds, there has been
an achievement of an increase in our forest cover by 5%.
“I urge that we strive to achieve more and I am committed to
supporting the institute to serve as the vehicle to other agencies
and departments in achieving our afforestation targets.
“I am also pleased to note that the Institute has embarked on
key initiatives to enable it sustain itself by looking inwards via
Honey production, fisheries and the likes. Its most impressive
impact however is in the training of farmers in agroforestry”, he
stated.
While commending the efforts, Suleiman Zarma observed that it
was in tandem with the Buhari-led administration’s commitment to
address various developmental issues and concerns affecting our
people and ecosystem.
The Minister emphasised that President Buhari has given matching
orders to implement various policies and programmes that will
benefit the generality of our people, preserve our environment,
assure food security and create jobs for the multitudes of our
young people.
“In this connection therefore, I am directing FRIN to
re-calibrate its afforestation programme to ensure that there is an
in built mechanism to engage communities in the post planting
management of established afforestation projects across the
country”, he stressed.
The Director General of FRIN, DR Adeshola Adepoju who conducted
the Minister round the facilities of the institute, assured the
Minister that FRIN will continue to do more towards providing
afforestation cover for the country.
He said FRIN is currently conducting various research
programmes, in collaboration with its Colleges and Research
Stations spread all over the country, support the diversification
of Nigeria’s economy and boost foreign exchange earnings. (END)
Saghir el Mohammed
Director of Press
Federal Ministry of Environment