The National Judicial Council (NJC) on Wednesday, filed a notice of preliminary objection before a Federal High Court in Abuja seeking an order to dismiss Justice Ayo Salami’s suit.
Salami, the former President of the Court of Appeal, had prayed the court for an interlocutory order to nullify his suspension from office.
Chief Mike Ozekhome (SAN), counsel to the defendant-applicant, submitted that the court lacked the jurisdiction to entertain the matter.
The council said that its objection was premised on the ground that Salami could not ask for an interlocutory order, which had the effect of determining the substance of the main suit.
It argued that an order setting aside an act already completed could not be granted by way of an interlocutory application.
The council said that its objection was premised on the ground that Salami could not ask for an interlocutory order, which had the effect of determining the substance of the main suit.
It argued that an order setting aside an act already completed could not be granted by way of an interlocutory application.
The applicant stressed that doing so would amount to granting a relief as well as asking for the maintenance of status quo of an act already completed.
NJC alleged that Chief Akin Olujinmi (SAN), Counsel to Salami, was a principal partner with Rotimi Akeredolu (SAN) in Olujinmi and Akeredolu Chambers.
NJC alleged that Chief Akin Olujinmi (SAN), Counsel to Salami, was a principal partner with Rotimi Akeredolu (SAN) in Olujinmi and Akeredolu Chambers.
The applicant argued that the chamber must be stopped from handling the matter because Akeredolu was a member of NJC.
NJC submitted that there was an obvious conflict of interest since Akeredolu knew the secret and inner workings of the council.
NJC submitted that there was an obvious conflict of interest since Akeredolu knew the secret and inner workings of the council.
In a related development, Justice Donatus Okorowo granted NJC’s application challenging the inclusion of Mr Emeka Ngige (SAN) and Mr A.J Owonikoko (SAN) as lead counsel to Salami.
Okorowo heldthat the action was a violation of the rules of the court, adding that the names of the two lawyers were not captured in the writ of summons.
He explained that the action of the lawyers were not known to the law, adding that once a lead counsel had been established in a matter other counsel could only hold brief for the former.
The matter was adjourned to Sept. 26 for the mention of relevant motions and applications pending before the court. (NAN)
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