Issues
Closed! Case Closed …As NJC Clears CJN of PCA Claims
At long last, the clouds of doubt raised around the supposed unbendable integrity of the apex league of the nation’s judicial echelon settled, with the chilling sound of the gavel -case closed.
Were it to be in the Americas, there would be a caution beneath the extra judicial flick: Please Don’t Try This At Home.
Last week, the National Judicial Council (NJC) finally exonerated its chairman, the Chief Justice of Nigeria (CJN), Hon Justice Aloysius Katsina-Alu, GCON, from any allegation of official corruption, after months of bad-blood between the CJN and the President, Court of Appeal (PCA), Justice Ayo Isa Salami, which indeed cast very unsettling aspersions on the integrity of the two topmost law officers.
To be sure, and not be confused by the acronyms, its important to note that the NJC’s reversed opposite is CJN, the former, meaning National Judicial Council and the latter CJN, meaning, Chief Justice of Nigeria and bonafide head of the CJN.
The crux of the matter was that the PCA, Justice Salami had early this year, claimed (not accused), that the CJN had asked him to compromise the then Sokoto State Governorship Election Appeal Panel, and that way sought to influence the Appeal Court’s decision in favour of a party.
This was at a time when, the fear of the Court of Appeal, among politicians was the true beginning of wisdom,as the appellate court swept out one incumbent governor to another in the South-West and South-South, before attempting a go at the Sokoto example.
Strangely, the appeal judgement which was largely rumoured to be ready was no longer to be heard for reasons not many laymen of our ilk were privileged enough to fathom.
And then bang! President of the Appeal Court raises the alarm that his court (the Appeal tribunal) had been restrained from delivering its judgement on the Sokoto appeals because the CJN, Justice Aloysius Katsina-Alu had urged them to put it on hold, or away, sine die inferring that the CJN was not comfortable with the direction justice was tilting towards, and that being so disturbed, decided to exercise his powers, subtly though, to truncate justice.
Trust Nigerians. For hot debates. Why? Why should he , No! if its true, he should be impeached, (who elected him?), it does not matter, ok, let the National Judicial Council, (NJC) the highest disciplinary body of the Bench and Bar, in the land hear the case. That’s when many were certain perjury will be punished, interference, condemned and false alarmist indicted.
So deafening was the collection of comments by Nigerians that virtually all anxiously waited patiently for the verdict of the NJC, which eventually came up with what was largely expected by experts, not the blabbing lay-lot. No offence committed by the CJN, said the NJC.
In an official statement released to newsmen in Abuja by Deputy Director, (Information) NJC, Soji Oye, himself a lawyer, cleared Justice Katsina-Alu of wrongdoing, stating that the CJN acted in good faith and in the best interest of justice.
The NJC therefore, found the PCA, Justice Salami, guilty of false claims and thus in breach of Rule 1 (1) of the Code of Conduct for judicial officers of the Federal Republic of Nigeria.
Consequently, the Council ordered Salami to issue an apology in writing to his boss, Katsina- Alu and indeed the NJC for (making) false complaints which brought the judiciary into disrepute.
On other issues concerning the handling of appeals from Ekiti and Osun states, the NJC searched very hard but found no evidence of misconduct.
To be sure, NJC unambiguously stated that it also, “ found that the call logs relied upon by the said protesters were without any good evidence to rope-in members of the Appeal panel. Simply put, the Court of Appeal which Justice Salami superintended over, committed no offence of official corruption in the cases decided in Ekiti and Osun but also that the Sokoto judgement which was stalled on account of the CJN’s directive cannot also be held against Justice Katsina-Alu. It will instead be held against the PCA, Justice Isa Salami for raising a false alarm that he was being influenced.
In view of the seriousness of the issues, especially as they affected the integrity of the Judiciary, the NJC statement explained, “The National Judicial Council at its 6th Emergency Meeting which held on August 9, 2011, deliberated on the two separate reports of its committees on the allegations leveled against the Hon. Chief Justice of Nigeria, Hon Justice Aloysius Katsina-Alu (GCON, the President, Court of Appeal, Hon Justice Isa Ayo Salami, OFR and some Hon Justices of the Court of Appeal.
At the end of the deliberations, the Council decided as follows:
(I) That the allegations made by the Hon President, Court of Appeal, Hon Justice Isa Ayo Salami, OFR that the Hon Chief Justice of Nigerian, Hon Justice Alloysius Katsina-Alu, GCON, instructed him to direct the Sokoto gubernatorial appeal to dismiss the appeal by the Democratic Peoples Party of Nigerian is not true.
(ii) The council found that the Hon Chief Justice of Nigeria acted in good faith and was motivated by the apparent urge to protect the administration of justice and avoid breach of peace when he directed that judgment in the Sokoto gubernatorial appeal be ‘put on hold’ pending the investigation of the petitions , he had received on the matter. Therefore, the Hon Chief Justice of Nigeria was exonerated of the allegations of interference with court proceedings in the Sokoto State Gubernatorial Election Appeal;
(iii) That the Hon Justices of Court of Appeal who served on the Sokoto State Governorship Appeal panel, namely, Hon Justice Musa Dattijo Mohammed, Paul A Galinjie, John Inyang Okoro, Mas’oud Oredola and Regina O. Nwodo, have no issue to answer.
(iv) That Hon Justice Isa Ayo Salami, OFR and other Justices who served on the Ekiti and Osun States Gubernatorial Election Petition Appeal Tribunal namely: Justices Clara Bata Ogunbiyi, O. Ariwoola, Chimsu Centus Nweze and Adamu Jauro have no “issue” to answer as it found that the call-logs relied upon by the petitioners lacked authenticity and evidential value and therefore, no sufficient evidence to establish unethical communication between them.
(v) Having therefore established that, the allegation, complaint by the Hon President, Court of Appeal, Hon Justice Isa Ayo Salami (OFR), against the Hon Chief Justice of Nigeria, Hon Justice Aloysius Katsina-Alu, GCON, regarding the Sokoto gubernatorial election appeal was false. FALSE? UNDER OATH?
Yet, Council decided that although the manufacturing of such falsehood amounted to a misconduct, contrary to Rule 1 (1) of the Code of Conduct for judicial officers of the Federal Republic of Nigeria, the President, Court of Appeal should
(i) Be warned for such unethical conduct which eroded the public confidence in the integrity and impartiality of the judiciary and,
(ii) Apologise in writing to both the Hon Chief Justice of Nigeria and chairman of the National Judicial Council, Hon Justice Aloysius Katsina-Alu, GCON, and National Judicial Council within a week from August 10, 2011.
Not sure if the ‘punishment’ is indeed commensurate to the gravity of the ‘offence’. For instance, the PCA, Hon Justice Salami had on February 8, 2011 gone to the Federal High Court, Abuja, Division to challenge what he described as his “unsolicited elevation” to the apex court by the CJN.
In that suit, Salami listed the Chief Justice of Nigeria, CJN, the Attorney-General of the Federation (AGF) and Federal Judicial Service Commission (FJSC) As Defendants.
In the affidavit, the PCA deposed to personally, Salami had alleged that the CJN asked him to compromise the Court of Appeal’s verdict on the protracted Sokoto governorship legal tussle by either disbanding the original panel, which Katsina –Alu believed was about to give a verdict adverse to the governor’s interest or direct the panel to give judgement in the governor’s favour.
Infact, Salami imputed that his unsolicited elevation to a Supreme Court Justice, was a ‘Greek Gift’ intended by the CJN to punish him for even thinking of disobeying his (Katsina-Alu’s) orders.
Methinks these are serious allegations, the outcome of which investigation ought to have risen-up to the hype of integrity damage it sought to mend and not make it appear like an adult’s jaundiced look into another thieving adult’s bag. Seeing Nothing!
My Agony is that up till now, some Nigerians do not know that a good court judgment is the one which takes into cognisance imminent security challenges and not merely, the facts of the case.
Withholding the Sokoto verdict is as legal as an armed robbery victim looking into the eyes of the assailant and pronouncing a not guilty verdict. Its that reasonable.
This is an open letter to the Minister of the Federal Capital Territory, Chief Nyesom Wike.
Your Excellency,
Sir, ordinarily, I would not be writing an open letter to you, but like a wise man once said, “Silence would be Treason.” So I prefer to stay alive than face the consequences of silence in the face of crime. With each passing day, and as the socio-political tides continue to turn, it has become more pertinent that more people speak up in a concerted MANNER to prevent the death of our party, the Peoples Democratic Party (PDP), as we appear to be, in the words of W. B. Yeats, “turning and turning in the widening gyre” heading for an end where the falcon will no longer hear the falconer
It is unfortunate that since losing control of the Federal Government, with the loss of President Goodluck Jonathan at the poll in 2015, our party, the Peoples Democratic Party (PDP), has continued on a downward spiral. It is much more painful, that where it is expected that leaders within the party should rise to the challenge and put an end to this decline of our great party, some have instead taken up roles as its undertaker.
It will be hypocritical to claim aloofness to what I believe is your grouse with the PDP and I am not a hypocrite. It will be uncharitable on my part to discountenance the role you have played in strengthening the PDP from 2015 up until the last Presidential primaries of the party. It is my belief that your grouse against certain members of the party who you perceived worked against the party and abandoned it in 2015 and then came around much later to take control of the party, is justified. Also know that your decision to remain in the Party and stifle its progress on the other hand, as a sort of payback, stands condemned. For a man of your pedigree and stature, it is a dishonorable act, highly dishonorable and stands as testimony against all you claim to stand for.
At least, it can be argued that those who you hold this grudge against, abandoned the party completely and did not sit back while actively working to destroy it from within. But what then can be the argument on your own part, seeing that those you are currently working with against your party are the same people who set in motion, and executed surgically, the plans that not only ended our Party’s leadership at the centre, but ended up dislodging the first Niger Deltan to occupy Aso Rock as Commander in Chief of the Armed Forces. Is this not akin to “cutting off one’s nose to spite one’s face?” That will be worse than folly. Let us not throw away the baby with the bath water because we do not like the soap used in bathing the baby. It will be a grave mistake.
Honourable Minister, sir, it is rather unfortunate that of all people, you have also decided to play the role of an undertaker not only for our party, but for our dear Rivers State.
I will like to take you down memory lane a little. Let me remind you of your emergence as Guber candidate of the PDP in Rivers State, against all fairness and justice in 2014. You will remember that despite the reality being that you as an Ikwerre man was poised to replace a fellow Ikwerre man in Governor Chibuike Rotimi Amaechi in our multiethnic state, Rivers people overwhelmingly stood by you and pushed for your emergence as Executive Governor of Rivers State in 2015. I dare say that your popularity in the entire Niger Delta region was at an all-time high at this point.
I want you to understand why you were loved across board leading to your eventual emergence as Governor of Rivers State in 2015; it was because when it looked like all were against the second term ambitions of the first Niger Delta man to emerge as President of Nigeria, you became not just a pillar but a beacon of resistance by standing for Goodluck Jonathan. Rivers people, as grateful and rewarding as they can be, paid you back by ensuring your electoral victory against the incumbent All Progressives Congress (APC) led by your predecessor. On your emergence, where there were second term Governors in the region, you, a first term Governor, was seen by the people as not just the leader of the PDP, but the leader of the entire Niger Delta region. You earned it, and no one could dispute it.
In 2019, when your re-election bid was being challenged ferociously, Rivers people once again stood solidly behind you. Many were killed in the process of defending your votes. Do you remember Dr. Ferry Gberegbe that was shot and killed while trying to protect your votes in Khana Local Government Area? There are many more unnamed and unrecognised sons and daughters of Rivers State who sacrificed their lives so that you could emerge as a second term Governor of Rivers State.
In 2022/23, Honourable Minister, you oversaw a party primary across board that saw some candidates imprisoned and internal party democracy jettisoned for your wishes, leading to the emergence of flag bearers of our party all singlehandedly picked by you. You have on more than one occasion publicly stated that you paid for all their forms. Even those shortchanged in this process licked their wounds and continued to play their roles as party members to ensure the success of the party at all levels. In what will go down as one of the most keenly contested elections in recent Rivers history, with formidable candidates like Senator Magnus Abe of the Social Democratic Party (SDP), Mr Tonye Cole of the All Progressives Congress (APC), and the vibrant youth driven Labour Party (LP), PDP emerged victorious across board except for Phalga Constituency 1 that was lost to the Labour Party. (Not that you did not loose in some other LGA’s but let’s stick to the official figures declared by INEC).
It begs the question, why then do you want to burn down Rivers State, when everyone who now holds political office emerged through a process designed and endorsed by you? Is it that you do not care about Rivers people and you are all about yourself? If so, I am forced to believe that those around you are not telling you the truth. The truth being that in a state where your words were law; where houses and businesses could be demolished or closed down without any recourse to legalities, where Executive Orders could be deployed to stifle the opposition, that your popularity is now at an all-time low. Probably because they are afraid of you, or of losing the benefits they gain from you, they fail to tell you that what you might perceive as a battle against your successor, has slowly but gradually degenerating into a battle against Rivers State and Rivers people. You know, there is a popular saying that, a man can cook for the community and the community will finish the food, but when a community decides to cook for one man, the reverse is the case.
LEAVE FUBARA ALONE
You have gone on and on about being betrayed by Governor Siminalayi Fubara. You point fingers forgetting that some of those same fingers quick to spot betrayals point straight back at you. It is not Governor Fubara that has betrayed the PDP by working against it in the just concluded General Election, and working with the opposition at the State and Federal level to destabilise the party. It is you, Honourable Minister. It is not Governor Fubara that betrayed Rivers people by instigating a political crisis with propensity to escalate ethnic tensions in Rivers State. It is you Honourable Minister. It is not Governor Fubara that has declared himself God over all in Rivers State and has no qualms with burning the state to the ground to prove a point. It is you Honourable Minister. It is you Honourable Minister who told the world that the APC was a cancer and you can never support a cancerous party. It is you Honourable Minister who ended up facilitating the emergence of the same “cancerous” APC that has accelerated the economic decline of this country and further impoverished our people with no remorse. All so you can be a Minister of the Federal Capital Territory? The lack of self awareness is gobsmacking.
Some days back I came across a video where you talked about death and how you do not cry when you hear about the death of some people because you have no idea what might have caused it considering many a politician swear “over dead bodies” and still go back on their words. Those words made me think, and I could see the reason behind them. You see, in chosing to be God in the affairs of Rivers people, you have closed your eyes and ears to reason; you see nothing and hear nothing that can cause you to rethink on the path you have chosen. In your quest to “show Fubara” you have unwittingly united a vast majority of Rivers people behind him, so much that even those who despised him because of you, now like or love him, because of you too. In your scheming, I will advise you not to forget that “the voice of the people is the voice of God”.
Note that the war which you have or are waging against Governor Fubara, has gone beyond being merely political as you might see in your minds eye. It is now one that, fortunately for some and unfortunately for others, has evolved into a war against Rivers people. It is good to point out that no one has taken a stand against Rivers people and won. No one has gone against God and won. In your defiant characteristic manner, it will be unfortunate if you believe your own hubris and that of those around you on the possibility of you being the first to successfully go against Rivers people. It will be a needless gamble; one where if you win you create more enemies for yourself than you can withstand on your political journey, and if you lose, your legacy becomes an inglorious and irredeemable one in Rivers State, the Niger Delta, and Nigeria at large. For your sake as regards posterity, it is my greatest wish that you have a moment of sobriety and a deep reflection and introspection on this path you have chosen.
Honourable Minister, sir, what is left of your legacy is on the brink of being completely desecrated and relegated to the dustbin of our political history, and it will be a sad end to what I will say has been a wonderful political career that many can only dream of. The ball is in your court, and may God Almighty have mercy on us all and forgive us for our shortcomings.
Gabriel Baritulem Pidomson
Dr Pidomson is former Chief of Staff, Government House, Port Harcourt and former member, Rivers State House of Assembly.
In 2015, I made a conscious decision to invest my financial resources, my time, and energy into supporting Nyesom Wike’s gubernatorial campaign. I poured my heart and soul into ensuring Nyesom Wike emerged victorious even at the risk of my personal safety.
Again in 2019, I doubled down on my commitment. I invested a significant amount of money to procure campaign outfits for all twenty-three Local Governments Areas of Rivers State. I spared no expense in supplementing Wike’s election efforts in my own local government, and once again putting myself at great risk to safeguard the fairness and transparency of the electoral process.
However, despite my unwavering loyalty and sacrifices, I found myself abandoned and forgotten by Wike. Throughout his eight-year tenure, he failed to acknowledge my contributions or fulfill his promises and agreements. Even as a former Deputy Governor, Wike denied me my severance benefit.
My investment in Wike’s governorship was not just financial – it was a commitment of passion, dedication, and belief in a better future for Rivers State. Yet, his leadership style of dishonesty, greed, drunkenness and rash abuse of senior citizens brought me nothing but disappointment, misery and losses.
By the grace of God, today I speak not as a victim, but as a hero. I have accepted my losses, and I have moved on. And as I reflect on my experience, I cannot help but urge Wike to do the same and allow peace and development to reign in Rivers State.
Nyesom Wike, when you speak of investing in Governor Sim Fubara’s election, remember those like me who also invested in you. Remember the sacrifices I made, the risks I took, and the promises and agreements you left unfulfilled.
It is time for you, Wike, to let go of the past and allow Governor Sim Fubara the breathing space he needs to lead Rivers State forward. Allow him to focus on the challenges of good governance and the aspirations of the people. Spare him these unwarranted and ill-conceived political manoeuvrings founded on personal agenda and not for general good of Rivers State and her people.
I may have lost my investment on Wike, but I have not lost hope in the future of Rivers State. And together, we will continue to strive for a brighter tomorrow.
Long Live the Governor to Rivers State, Sir Siminialayi Fubara!
Long Live the Good People of Rivers State!!
Long Live the Federal Republic of Nigeria!!!
Engr Ikuru is former Deputy Governor of Rivers State.
Tele Ikuru
