Suspended President of the Court of Appeal (PCA), Justice Ayo Salami’s hope of being reinstated was, yesterday, dashed when Federal High Court in Abuja struck out a suit by some lawyers claiming to be Registered Trustees of Centre for the Promotion of Arbitration.

Justice Salami was suspended on August 18, 2011 when the National Judicial Council (NJC) found him guilty of gross misconduct following his refusal to apologise to former Chief Justice of Nigeria (CJN), Justice Aloysius Katsina-Alu.

As a result, the lawyers approached an Abuja Federal High Court asking it to compel NJC to reinstate Justice Salami.

But in its judgment, yesterday, Justice Adamu Bello struck out the suit on the grounds that the plaintiffs lacked locus standi to institute any legal action in a suit they have not shown how Salami’s suspension affected them.

Justice Bello, therefore, held that it would amount to crying more than the bereaved when the suspended Salami himself had not asked the plaintiffs to commence any litigation on his behalf.

“It will mean taking panadol on another person’s headache. The mere fact that the plaintiffs are legal practitioners who took oath to defend and uphold the constitution of the federal republic of Nigeria is not enough reason to institute legal action on behalf of Salami.”

 Justice Bello further held that Salami was the only one who could institute such action because he was the one officially affected.

 “The plaintiffs did not obtain the consent of the 4th defendant (Salami) in commencing this legal action. In fact, it would have been better for the plaintiff to have Salami as a co-plaintiff rather than making him a defendant. I therefore strike out the suit in its entity.

I make no order as for cost”.

The plaintiffs had wanted Justice Bello to determine whether the assent of President Goodluck Jonathan was needed for the reinstatement of the suspended Salami.

They also seek an order of court directing the NJC to recall Salami to resume his duties as PCA forthwith, as well as a declaration that the President of the Federal Republic of Nigeria has no power whatsoever and/or howsoever to exercise disciplinary functions over the Justices of the Court of Appeal and/or Justice Salami, the PCA.

But all the issues could not be determined hence the court held that the plaintiffs lacked locus standi.

With this judgment, Salami is now left with one option, which is to wait patiently for another federal high court  to determine a suit he (Salami) filed against the NJC and other prominent jurists challenging his suspension.

However, LEADERSHIP gathered that suspended Salami is due for retirement by October this year.

Problem started with the Kwara-born jurist when he raised an alarm, via an affidavit he deposed to at the federal high court, that the former CJN Katsina-Alu,  pressurised him(Salami) to pervert justice in a gubernatorial election appeal dispute involving Sokoto State.