Retired Justice Ayo Salami Faults Supreme Court Judgments and Judicial Appointments, Says Peter Obi Should Not Have Contested 2023 Poll

A retired President of Nigeria’s Court of Appeal, Justice Isa Ayo Salami, has criticised the process for appointing judges to Nigeria’s Supreme Court and other superior courts, saying it has led to the elevation of some individuals who lack sufficient experience and competence.

Justice Salami also stated that former Anambra State Governor Peter Obi should not have been allowed to contest the 2023 presidential election under the Labour Party (LP) platform, arguing that Obi was not a member of the party at the time its candidate list was submitted to the Independent National Electoral Commission (INEC).

The retired jurist made the remarks on Tuesday in Ilorin, the Kwara State capital, while receiving an award from the Wole Soyinka Centre for Investigative Journalism (WSCIJ). The award was presented to him at his residence by the centre’s Founder and Executive Director, Dapo Olorunyomi, and Motunrayo Alaka.

Justice Salami said there are judges who “have a problem of learning” and lack the proper background for the bench. He cited the appointment of higher registrars as judges as an example of the decline in standards, noting that in the past such appointments would not have occurred.

“Personally, they are inadequate. This might be responsible for their wrong judgments. At times, if you see the judgments of some of them, even the Supreme Court judgments, you will be astounded and wonder at what is happening,” he said.

Giving a specific example, Justice Salami declared: “For instance, Peter Obi ought not to have been allowed to contest the 2023 presidential election. In this sense, by the time he lost the PDP primary, LP had submitted its list of members to INEC. And the Constitution says there cannot be an independent candidacy. How did he become the candidate of the LP if he did not belong to LP?”

He drew a parallel with the case of Kano State Governor Abba Yusuf, who defected to the All Progressives Congress (APC), noting that Yusuf’s name was reportedly not in the NNPP’s register at the time of his candidacy.

Justice Salami attributed some of the perceived judicial lapses to the appointment process, where candidates are sometimes recommended based on zonal vacancies rather than seniority or superior competence.

“I am a practical example. Some of them who came 10 years after I had got to the Court of Appeal got recommended to the Supreme Court by me because my zone did not have a vacancy. That is the tragedy we have found ourselves in,” he said.

The retired judge, however, expressed hope that the situation would improve with time. He praised the WSCIJ for the honour, saying many judges would appreciate such recognition from an investigative journalism body.

Justice Salami also reflected on how the principled stance of Nobel Laureate Prof. Wole Soyinka and the legal defence mounted by Chief Obafemi Awolowo during his treasonable felony trial influenced his own decision to study law.

The comments by the highly respected retired jurist have reignited debate about judicial independence, the quality of appointments to the bench, and the integrity of the 2023 electoral process.