Jonathan, AGF oppose Salami’s reinstatement

President Goodluck Jonathan and the Attorney-General of the Federation and Minister of Justice, Mohammed Adoke (SAN), have asked an Abuja Federal High Court to dismiss a suit seeking to compel them, alongside the National Judicial Council, to reinstate the suspended President of the Court of Appeal, Justice Ayo Salami.
A human rights lawyer, Mr. Jitobo Akanike, and 10 other members of the Registered Trustees of the Centre for the Promotion of Arbitration, had approachedthe court, seeking an order of mandamus to compel Jonathan and the NJC to recall Salami.
The group said this was in line with the recommendation of a sub-committee of the Justice Muhammed Uwais-led judicial stakeholders reform panel, which recommended Salami's reinstatement.
Although it was listed as the third defendant in the suit, the NJC had in its written address in response to the originating summons, taken sides with the plaintiffs.
The council maintained that it had the right to recall Salami, and that Jonathan has no powers to play any role in the reinstatement.
The NJC asked the court to determine the suit in favour of the plaintiffs.
However, in their response to the plaintiffs' originating summons, Jonathan and Adoke, first and second defendants respectively, disagreed with the NJC by asking the court to dismiss the suit.
The plaintiffs had approached the court after Jonathan, acting on Adoke's advice, had said the matter was sub judice, refusing to act on the NJC's recommendation that Salami be reinstated.
In a motion on notice filed by their counsel, Dr. Fabian Ajogwu (SAN), Jonathan and the AGF asked the court to dismiss the plaintiffs' suit.
They argued that there was "no cause for action" against them in the case as they acted in accordance with the constitution.
Jonathan and Adoke further argued that the plaintiffs lacked the locus standi to filethe suit.
Salami and the former acting President of the Court of Appeal, Justice Dalhatu Adamu, were also joined in the suit as fourth and fifth defendants, respectively.
At the resumption of hearing in the matter on Tuesday, the presiding judge, Justice Adamu Bello, struck off Adamu's name from the suit after Akanike made anoral application to that effect.
The plaintiffs had in the originating summons prayed the court to declare Adamu's continued stay in office as acting PCA illegal.
However, following the appointment of a new acting PCA, Akanike explained that they wished to withdraw the suit against Adamu.
The judge granted the request, after it wasnot opposed by the other parties in the matter.
The matter was adjourned to January 17, 2013, for adoption of written addresses.