Suspension of Justice Isa Ayo Salami: Implications for Rule of Law, Judicial Independence and Constitutionalism

Abstract

The suspension of Justice Ayo Salami, President of the Court of Appeal (PCA) opened a new dimension in the Nigerian judiciary; it is the first of its kind at that level. The National Judicial Council (NJC) initiated the suspension and the President of the Federal Republic of Nigeria endorsed it. The paper is concerned with implications of the suspension for the rule of law, constitutionalism and judicial independence. The paper argues that the suspension was unconstitutional for procedural irregularity and further reveals that the mechanisms provided by the constitution to guarantee judicial independence are inadequate and ineffective. It also shows that the much-needed independence of judiciary from the political branches in particular, to a greater extent, depends on internal independence which again largely depends on the leadership of the judiciary and the National Judicial Council. This invariably suggests that for there to be independence from the political branches and internal interference there must be a courageous, just, fearless and pro-active leadership of the judiciary and a more independent Judicial Council, and calls for an amendment to the constitution in that direction.