Friday, 10 February 2012

Salami seeks Appeal Court’s intervention in suit


suspended President of the Court of Appeal, Justice Isa Ayo Salami
The suspended President of the Court of Appeal, Justice Isa Ayo Salami, on Thursday asked a Federal High Court sitting in Abuja to stay proceedings in the suit in which he is contesting his suspension by the National Judicial Council and refer some questions arising from the matter to the Court of Appeal.
At the resumption of hearing in the matter, Salami’s counsel and former Attorney General of the Federation and Minister of Justice, Akin Olujimi, SAN, informed the court, headed by Justice Donatus Okorowo, about a fresh application filed by his client.
Olujimi asked the court to refer some questions arising from the suit to the Court of Appeal for decision.
The application followed a preliminary objection by the NJC, in which it challenged the jurisdiction of the court to hear the suit.
In the preliminary objection, Counsel to the NJC, Chief Mike Ozekhome, SAN, argued that, rather than the Federal High Court, it is the National Industrial Court that has the jurisdiction to entertain the matter.
Ozekhome maintained that the subject matter of the suit related to “or is connected with labour, employment, trade unions, industrial relations and matters arising from the workplace, the conditions of service including health, safety and welfare of labour employees, workers and matters incidental thereto or connected therewith, over which only the National Industrial Court has exclusive jurisdiction by virtue of Section 254 c(1) of the constitution.”
“The claims of the plaintiff are caught by the exclusivity of the jurisdiction of the National Industrial Court conferred by Section 254 c(1)(a), (j), (vii) and ii of the constitution as amended,” he argued.
In response to the NJC’s objection, Salami, through his counsel, Olujimi, asked the court to refer the matter to the Court of Appeal for determination.
Olujimi noted that the questions in reference had to do with the “interpretation and/or application of various sections which are novel and there are no precedents of the higher courts on them.”

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