The National Judicial Council has told an Abuja
Federal High Court that a suit in which a former Governor of Osun State,
Prince Olagunsoye Oyinlola, is seeking to stop the reinstatement of the
suspended President of the Court of Appeal, Justice Ayo Salami, is
meant to avenge the nullification of the ex-governor’s election in 2010.
The court on Wednesday fixed January 24, 2013 to deliver ruling on the preliminary objections in the suit.
The presiding judge, Justice Abdul Kafarati, fixed the date after hearing the preliminary objections raised by the NJC.
In its counter-affidavit dated June 19, 2012, and
deposed to by its Deputy Director of Information, Mr. Soji Oye, the NJC
told the court that the suit was just a means of retaliation.
“The suit and the pervious suits filed on the same
subject by the plaintiff herein and his associates, are the extension of
the grudge and grievances arising from the nullification of his
election by the Governorship Election Appeal Tribunal in November 2010.
Hence, the suits are mischievous and a witch-hunt
against a judicial officer carrying about his judicial function,” the
NJC said.
The NJC asked the court to dismiss the suit on the grounds that the plaintiff lacks the locus-standi to institute the action.
Also, the other defendants in the suit, President
Goodluck Jonathan and the Attorney General of the Federation and
Minister of Justice, Bello Adoke (SAN), in their joint counter-affidavit
against the suit, accused Oyinlola of abusing judicial process, even as
they equally urged the court to dismiss the suit as lacking in merit.
Meanwhile, Oyinlola had, in an originating summons he
filed against the NJC, set out a number of questions for determination
by the court.
He asked the court to determine “whether the
recommendation of the NJC to the President of the Federal Republic of
Nigeria to reinstate Hon. Justice Isa Ayo Salami as the President of the
Court of Appeal, is not void considering the pendency of the suit filed
by Justice Salami and others on the subject matter of Salami’s removal
and suit No FHC/ABJ/CS/209/2012 between Peoples Democratic Party, PDP,
Osun State Chapter and 2 Others Vs Hon. Justice Isa Ayo Salami & 2
Others.”
Punch Nigeria
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