HomeTribute
Tribute

Need For Review Of Justice System: Tribute To Hon. Justice Bode Rhodes-Vivour, JSC (Rtd)

Law & Society Magazine
By Law & Society Magazine

By Afe Babalola, SAN

RECENTLY I had the privilege to Chair the virtual launch of a book published in honour ofHon. Justice Bode Rhodes-Vivour, JSC (Rtd.), CFR. I used the opportunity to address some issues which, in my view, affect the justice system in Nigeria and which require urgent review to bring upon an improvement in the justice delivery sector. Owing to the importance of the judicial arm of government, particularly in the light of the current shut down of Courts nationwide as a result of the strike embarked upon by Judiciary workers, I reproduce below, the text of my address at the event.

Chairman’s opening remarks
1. It gives me profound pleasure to welcome everyone to this Virtual Book Launch in honour of Hon. Justice Bode Rhodes-Vivour, JSC (Rtd.), CFR.

2. Please permit me to recognise the presence of distinguished jurists of the Supreme Court, Court of Appeal, and the various High Courts, as well as the highly esteemed Senior Advocates of Nigeria and members of the Outer Bar.

3. I also wish to specially recognise Mrs. Doyin Rhodes Vivour (SAN), his wife, the presence of other family members, friends, and well-wishers who have gathered here today to celebrate and to honour one of Nigeria’s finest jurists – Hon. Justice Bode Rhodes-Vivour, JSC (Rtd.), CFR.

4. I know Hon. Justice Rhodes Vivour (Rtd). I have seen him at work, I have interacted with him in the court. He is a genial, decent, and disciplined person. He is a Judge with unquestionable integrity, character, industry and dignity.

5. A professional to the core, the legal colossus is a fervent believer in the rule of law. The professional ways he conducts himself both at the Bar, on the Bench and outside the Bar and the Bench will ever remain fresh in our memory for ever.

6. Today, as we proceed to launch three books in honour of Hon. Justice Olabode Rhodes-VivourJsc (Rtd), CFR, I have a personal question to ask him. The question is simple. My respected Jurist, are you fulfilled as you bow out from the Supreme Court at 70 years.

7. I know you will answer: “I am fulfilled”. But if we ask lawyers to answer the question, the answer will be “no, he is not fulfilled”. The next question is:Why is he not fulfilled? Because we believe that Justice Rhodes-Vivour (rtd) is a very strong and able young man, he doesn’t look 70,we believe that he should remain on the bench until he becomes Chief Justice of Nigeria.

8. Hon. Justice Olabode Rhodes-Vivour spent 11 years as a High Court Judge, 5 years as a Court of Appeal Judge and 11 years as a Supreme Court Justice. He should be commended because throughout his 27 years on the Bench, he served without any blemish. More importantly and remarkably too, he was never absent from work for a single day either due to illness or any other reason. While on the Bench, he was known for his fairness, impartiality and compassion. He wrote many lead judgements but on this occasion, I wish to refer to two landmark cases. (1) Ukeje vs. Ukeje (2014) 11 NWLR Pt. 1418, 384 at 408 where he declared that the Igbo Customary Law which disentitles a female child from partaking in the sharing of the deceased father’s estate as illegal, discriminatory and in breach of fundamental human rights. And also the case of JES Investment Ltd v. BrawalLere Ltd &Ors (2010) 18 NWLR (Pt. 1225) 495 at 544 on the need to reform limitation laws in Nigeria and for judges to be conferred with discretion to extend limitation periods for some actions.

Review of our justice system
9. I want to seize this opportunity to appeal to the authorities that we should review our justice system particularly the age of retirement of Supreme Court Judges. Experience has shown that a person becomes wiser and more experienced as he advances in age. Under our judicial system today, Justice Olabode Rhodes-Vivour JSC (Rtd) is retiring at the young age of 70 when he has not shown any sign of physical weakness and when Nigeria would have benefitted more from his wealth of wisdom, insight and experience. A brief look at other countries shows that appointment to the Supreme Court is a lifetime appointment. There is no age limit for a justice of the Supreme Court to retire. Often time, they stay as long as they probably can. In fact, many die while in office. But those who opt for retirement, the average age is 78.7years. The average retirement age has grown a whooping 103 years.

Practice after retirement: Need to reform
10. I have always advocated that retiring judges should be allowed to practise law. There is urgent need for reform of our judicial system. Even, if Judges are not allowed to return to full practice, there should be a measure of participation in law practice that will ensure their relevance in the nation’s development of law. I suggest that Nigeria should adopt the quasi-restrictive style in the operation in the US whereby a sitting judge may recuse himself in the case of conflict of interest or allow retiring judges to prepare and draft pleadings, motions and appellate briefs.

Appointment of judges
11. The position of the Chief Justice of Nigeria is so important that it should not be based on promotion but strictly on merit. I know from experience that the best judges are those who have been in active litigation, who have interacted with clients, who have drafted claims and pleadings and who have addressed legal issues at different level of the courts. This is why in other climes, judges are chosen from seasoned legal practitiioners. I recall the case of the late Hon. Justice Teslim Olawale Elias (SAN). He was appointed as CJN and President, International Court of Justice. He was Attorney General of the Federation when he was a Professor at the University of Lagos and was invited to the Supreme Court where he eventually became the CJN.

12. I have always been an advocate of a new constitution to correct the ills inherent in the 1999 Constitution bequeathed to Nigerians by the Military and christened a people’s constitution. My crusade for restructuring and a new constitution started as far back as November 4, 2001, when the descendants of His Majesty, King Abbi Amachree IV, the Amanyanbo of Kalabari gathered together in Port-Harcourt to celebrate the first Memorial Lecture. The Board of Trustees including the talented Prof. Tam David-West brought together a large crowd including the Deputy Governor and the Vice President. I was honoured to deliver the first Memorial Lectured titled “Nigeria in Search of a Nation”.

13. Since then, I have been an advocate of a true federal structure. In my articles in the Vanguard and Tribune Newspapers on Wednesday and Thursdays respectively, I have written copiously on the restructuring of the country. As a member of Constitutional Conferences, I have also argued in favour of true federal structure.

14. After all, when the Military took over the reign of government on January 5, 1966, it did not abolish the then existing constitution, it merely suspended it. But curiously when the Military wanted to hand over power to a democratically elected government, it foisted on Nigerians the 1999 Constitution instead of going back to the suspended Constitution.

15. We truly need restructuring in this country today and that will assist us in many diverse ways. It will enable us to have a truly federal constitution as a result of which there would be a change in the mode of election and the type of people we would elect to govern us. It will ensure that we have part-time legislation, reduce the huge salaries currently being earned by our legislators in favour of sitting allowances. It will reduce cost of governance. It will ensure we run our elections at cheaper rates while women representation in governance will be higher.

16. Our constitution is the greatest problem of Nigeria, a country of nations, today. The operation of the constiittion is expensive with its attendant over-concentration of power at the centre, thereby rendering the States and Local-Gnvernments totally impotent unlike what obtained under the Parliamentary Constitutions of 1960 and 1963.

17. I say with emphasis that the only change that can change the country for the better and pave way for the enhancement of one Nigeria is the change in the structure of Nigeria. It is that change that will make politics less attractive, make each state to develop at its own pace and do away with all shades and shapes of criminality. It is restructuring that would enable the component parts of the country to develop their resources, provide employment, eradicate poverty and make individuals to become true Nigerians.

18. It is restructuring that would enable each state to curb insecurity, unemployment, poverty, defective justice system and do away with failed leaders.

Conclusion

19. Hon. Justice Olabode Rhodes-Vivour is a firm believer in the full tradition and nobility of the legal profession. His unwavering legacy of discipline, courtesy, decency, eloquence and respect have endeared him to many at the Bar, the Bench and the public at large.

This book launch creates a welcome opportunity to appreciate the amiable Justice Olabode Rhodes-Vivour JSC (Rtd) and wife. Writing a book is not like writing a love letter or an article in a newspaper. I have authored seven law books. I know what it takes to write a chapter in a book.

I expect each and everyone to appreciate him by buying many copies at appreciable price.

AARE AFE BABALOLA, CON, OFR, FNIALS, SAN, FCIARB

Previous article
Ghana Is Eating Nigeria’s Lunch
Next article
Judiciary’s Financial Autonomy: JUSUN Is Right!
Law & Society Magazine
Law & Society Magazinehttps://lawandsocietymagazine.com

Related Articles

202 COMMENTS

  1. It is appropriate time to make some plans for the future and
    it is time to be happy. I have read this post and if I could I wish
    to suggest you few interesting things or tips.
    Maybe you can write next articles referring to this
    article. I want to read even more things about it!

    Also visit my web page … Mathew

  22. Have you ever considered about including a little bit more than just your articles?
    I mean, what you say is valuable and everything. However think about if you added some great photos or video clips to give your posts
    more, “pop”! Your content is excellent but with pics and video
    clips, this website could undeniably be one of the most beneficial in its niche.
    Very good blog!

    Feel free to visit my website … https://www.transtats.bts.gov/exit.asp?url=https://greenwood-niebuhr.blogbright.net/supereasy-ways-to-learn-every-little-thing-about-java-edition-minecraft

  25. Hello, Neat post. There’s a problem together with your site in internet explorer,
    might check this? IE still is the market
    chief and a big section of folks will leave out your excellent writing because of this problem.

    Also visit my webpage; crockor.uk

  26. I’ve been browsing online greater than three
    hours as of late, but I never found any fascinating article like yours.
    It is lovely worth enough for me. In my opinion, if all web owners and
    bloggers made good content as you probably did, the web
    shall be much more helpful than ever before.

    Also visit my web-site http://www.seoesc.com

  27. Cool blog! Is your theme custom made or did you
    download it from somewhere? A design like yours with
    a few simple adjustements would really make my blog stand out.
    Please let me know where you got your design. Appreciate it

    Also visit my site … 831.one

  44. It is appropriate time to make some plans for the future and it’s time to be happy.
    I’ve learn this submit and if I may I wish to suggest
    you some fascinating things or advice. Maybe you can write subsequent articles relating to this article.
    I want to read more things about it!

    My website – https://notes.io//TrvU

  48. You are so interesting! I do not suppose I’ve truly read through something like this
    before. So great to discover somebody with a few genuine thoughts on this topic.
    Really.. thank you for starting this up. This website is one thing that’s needed on the internet, someone with a little originality!

    Visit my blog post :: discuss

  53. I absolutely love your blog and find most of your post’s to be just what I’m looking for.
    Does one offer guest writers to write content for yourself?
    I wouldn’t mind creating a post or elaborating on most of the
    subjects you write related to here. Again, awesome web site!

    Also visit my web blog Joanna

  55. I have been exploring for a little bit for any high quality articles or blog
    posts on this sort of area . Exploring in Yahoo I ultimately stumbled upon this site.

    Studying this information So i’m satisfied to exhibit that
    I have an incredibly good uncanny feeling I found out just what I needed.
    I so much certainly will make sure to do not disregard this
    web site and give it a glance regularly.

    my site … https://pbase.com/topics/sweeneybertelsen1/let_me_inform_you_just_how_t

  58. I’m really impressed together with your writing abilities as smartly as with the layout for
    your blog. Is this a paid subject or did you modify it your self?
    Anyway stay up the nice high quality writing, it’s
    uncommon to see a great blog like this one nowadays..

    Also visit my site – telegra.ph

  74. It’s perfect time to make some plans for the longer term and it is time to be happy.
    I have read this publish and if I may just I want to counsel
    you few attention-grabbing things or suggestions.
    Perhaps you could write next articles referring to this article.
    I desire to learn even more things about it!

    My blog; el-jeel.com

  75. Woah! I’m really digging the template/theme of this blog.
    It’s simple, yet effective. A lot of times it’s very hard to get that “perfect balance” between usability
    and visual appeal. I must say you’ve done a great job with this.
    Also, the blog loads very quick for me on Opera. Superb Blog!

    Check out my website … postheaven.net

  77. Attractive component to content. I simply stumbled upon your
    weblog and in accession capital to assert that I get
    actually enjoyed account your weblog posts. Any way I will be subscribing for your feeds and even I success you get right of
    entry to constantly quickly.

    my web site; y4yy.com

  78. I’m extremely impressed with your writing skills and also with the layout
    on your blog. Is this a paid theme or did you customize it yourself?

    Anyway keep up the excellent quality writing, it is rare to see a
    great blog like this one these days.

    Here is my web-site: zixuezikao.cn

  85. First of all I would like to say great blog! I had a quick question in which
    I’d like to ask if you do not mind. I was curious to know how you center yourself
    and clear your head prior to writing. I have had a hard time clearing my mind in getting my ideas out.

    I truly do take pleasure in writing however it just seems like the
    first 10 to 15 minutes tend to be lost simply just
    trying to figure out how to begin. Any recommendations or hints?
    Many thanks!

    my web site – myspace.com

  90. Unquestionably believe that which you said. Your favorite justification appeared to be on the web the simplest thing to be aware of.

    I say to you, I definitely get annoyed while people think about worries that they just do not
    know about. You managed to hit the nail upon the
    top and defined out the whole thing without having side effect
    , people could take a signal. Will likely be back to get more.
    Thanks

    Here is my web page – https://dribbble.com/powerguitar32

  91. You really make it seem so easy with your presentation but I find this topic to be really something which I think I
    would never understand. It seems too complex and very
    broad for me. I’m looking forward for your next post, I will try to get the hang of it!

    Feel free to visit my blog post – manchesterclopedia.win

  99. Magnificent goods from you, man. I have understand your stuff previous to and you are just too excellent.
    I actually like what you’ve acquired here, certainly like what
    you’re stating and the way in which you say it. You make it enjoyable and you still
    take care of to keep it sensible. I cant wait to read much more from
    you. This is actually a terrific website.

    Feel free to visit my site – https://yoyoafrica.com/index.php?page=user&action=pub_profile&id=1004478

  110. I’ve been browsing online more than three hours lately, yet I
    never found any attention-grabbing article like yours.
    It’s lovely price sufficient for me. In my opinion, if all website owners and bloggers made good content as you probably did, the web will probably be much more helpful than ever before.

    Feel free to visit my web page … discuss

  116. hello there and thank you for your info – I have certainly picked up anything new from right here.

    I did however expertise several technical issues using this website, as I experienced to reload the site lots of times previous to I could
    get it to load correctly. I had been wondering if your hosting is OK?
    Not that I am complaining, but slow loading instances times will very frequently affect
    your placement in google and can damage your high-quality score
    if advertising and marketing with Adwords. Anyway I am adding this RSS to my email and could look out for a lot more
    of your respective interesting content. Make sure you update
    this again soon.

    my web blog :: http://www.lecalabrie.org/forums/users/ruthlatex6/

  119. Unquestionably consider that that you said.

    Your favourite justification seemed to be at the internet the simplest thing to have in mind of.
    I say to you, I definitely get annoyed at the same time as other people think about concerns that they just do not understand about.

    You controlled to hit the nail upon the highest and also defined out the
    entire thing without having side effect , other folks could take a signal.
    Will probably be again to get more. Thanks

    Visit my webpage: https://www.instapaper.com/p/chivebike69

  120. Hey just wanted to give you a quick heads up.
    The text in your article seem to be running off the screen in Chrome.
    I’m not sure if this is a format issue or something to do with browser compatibility but I thought I’d
    post to let you know. The style and design look great though!
    Hope you get the issue solved soon. Kudos

    Here is my homepage events.eventzilla.net

  122. Hey there would you mind sharing which blog platform you’re working with?
    I’m planning to start my own blog in the near future but I’m having a hard time
    deciding between BlogEngine/Wordpress/B2evolution and Drupal.
    The reason I ask is because your design seems different then most blogs and I’m
    looking for something completely unique.
    P.S Sorry for being off-topic but I had to ask!

    Also visit my web blog … autohub.ng

  125. Write more, thats all I have to say. Literally, it seems as though
    you relied on the video to make your point. You definitely know what youre talking
    about, why throw away your intelligence on just posting videos
    to your weblog when you could be giving us something informative to read?

    Feel free to visit my blog; beastlored.com

  128. I am curious to find out what blog platform you’re utilizing?
    I’m experiencing some small security issues with my latest blog and I would like
    to find something more risk-free. Do you have any
    solutions?

    Feel free to surf to my homepage; 8bitbay.com

  139. Nice blog! Is your theme custom made or did you download
    it from somewhere? A design like yours with a few simple tweeks would really
    make my blog shine. Please let me know where you got your theme.

    Thanks a lot

    Take a look at my homepage :: urlscan.io

  140. I love your blog.. very nice colors & theme. Did you create this website yourself or did you hire someone to do it for you?

    Plz answer back as I’m looking to create my own blog and would like to find out where
    u got this from. appreciate it

    my web blog … discuss

  156. Hmm it appears like your site ate my first comment (it was super long) so I guess I’ll just sum
    it up what I had written and say, I’m thoroughly enjoying your blog.
    I as well am an aspiring blog writer but I’m still new to everything.
    Do you have any tips and hints for rookie blog writers?
    I’d definitely appreciate it.

    Feel free to visit my website: koyomi.vis.ne.jp

  157. May I simply say what a comfort to discover an individual
    who actually understands what they’re discussing on the net.
    You actually know how to bring a problem to light and
    make it important. More and more people ought to read
    this and understand this side of the story. I was surprised that you aren’t more
    popular given that you surely have the gift.

    Feel free to visit my web-site https://harveykellog.gamerlaunch.com/users/blog/6154699/?mode=view&gid=589009

  159. Nice post. I was checking continuously this blog and I’m impressed!
    Extremely helpful information specifically the
    closing phase 🙂 I handle such info much. I used
    to be seeking this particular info for a long time.
    Thanks and good luck.

    Feel free to surf to my page … discuss

  164. I don’t even know the way I finished up here, however I assumed this post was once good.
    I don’t understand who you are but certainly you’re going to a well-known blogger in case you aren’t already.
    Cheers!

    Look into my web site – discuss

  170. It’s a pity you don’t have a donate button! I’d certainly
    donate to this fantastic blog! I guess for now i’ll settle for bookmarking and adding your RSS
    feed to my Google account. I look forward to fresh updates and will talk
    about this website with my Facebook group.
    Talk soon!

    Take a look at my blog :: 5alij.com

  172. I’m impressed, I must say. Seldom do I come across a blog that’s both educative and engaging, and without a doubt, you’ve hit the nail on the head.
    The issue is an issue that not enough men and women are speaking intelligently about.
    I’m very happy I came across this in my hunt
    for something concerning this.

    Visit my web blog … http://www.misterpoll.com

  188. Hey I know this is off topic but I was wondering if you
    knew of any widgets I could add to my blog that automatically tweet my newest
    twitter updates. I’ve been looking for a plug-in like
    this for quite some time and was hoping maybe you would have some experience with something like this.
    Please let me know if you run into anything. I truly enjoy reading your blog
    and I look forward to your new updates.

    Here is my blog trade-britanica.trade

  191. I absolutely love your blog and find nearly
    all of your post’s to be exactly what I’m looking for.
    Do you offer guest writers to write content for yourself? I wouldn’t mind producing
    a post or elaborating on many of the subjects
    you write related to here. Again, awesome web log!

    Here is my webpage – picbootloader.com

  193. First of all I would like to say wonderful blog!
    I had a quick question in which I’d like to ask if you do not mind.

    I was interested to find out how you center yourself and clear your thoughts prior to writing.
    I’ve had trouble clearing my thoughts in getting my thoughts out.
    I truly do enjoy writing however it just seems
    like the first 10 to 15 minutes are usually wasted simply just trying to figure out how to begin.
    Any recommendations or tips? Appreciate it!

    Also visit my web-site … ezproxy.cityu.edu.hk

Stay Connected.

1,169,000FansLike
34,567FollowersFollow
1,401,000FollowersFollow
0SubscribersSubscribe
- Advertisement -
Click to download the e-book

Latest Articles

Load more