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

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