A close source to the PCA who spoke on condition of anonymity confirmed this over the weekend in Abuja.
Justice Ayo Salami, will October 15, 2013 attain the 70 years mandatory retirement age for Justices of the Court of Appeal and the Supreme Court.
On Thursday, August 18, 2011, the NJC after an emergency meeting in Abuja, announced the suspension of the PCA, over his refusal to apologise to the then Chief Justice of Nigeria (CJN), Justice Aloysius Katsina-Alu.
President Goodluck Jonathan swiftly consented to the recommendation of NJC, approving Salami’s suspension on the same day he received the judicial council’s report.
In its recommendation to the president, the council did not make any reference to a suit filed by Salami at the Federal High Court in Abuja in which he was challenging the report of the Justice Umaru Abdullahi panel which investigated him and Katsina-Alu for alleged misconduct. In arriving at its decision, the council, based on the Auta panel’s recommendation, found Salami in breach of the code of conduct for judicial officers.
The American government and other Nigerians argue that Justice Salami was denied fair hearing before he was removed from office.
In the same way the NJC recommended Salami’s removal, it also later recommended his (Salami’s) reinstatement as PCA, but President Goodluck Jonathan refused to heed this recommendation.