Olabode Rhodes-Vivour – The Legendary Jurist

By Ebun-Olu Adegboruwa, SAN

I was very young when I used to hear his name, as State Counsel
in the Lagos State Ministry of Justice. He was popular with his
adept handling of many criminal cases in court, so he was always in
the news. I was thus very glad when he was elevated to the High
Court Bench.

Many lawyers love to appear before him, as he was known to be
well experienced and very practical in his approach to law and
justice, generally. Then I had my personal experience in a
protracted land matter wherein I appeared before him as counsel to
the Claimants. He was not given to frivolous adjournments,
technical objections and the usual tricks of counsel. He would have
read the case file and was well abreast of the pleadings of the
parties, such that he would confront you as counsel and challenge
you to do the needful to achieve justice for all.

Then came the case of Gani Adams (now Aare Ona Kankanfo). Adams
was arraigned before the Magistrate’s Court, Ebute-Metta, on
trumped up charges and Chief Gani Fawehinmi, SAN, had his
retainership. We filed an application for the enforcement of his
fundamental rights and it was assigned to the Honourable Justice
Rhodes-Vivour (as he then was). Before the application could be
heard, members of the Oodua Peoples’ Congress who could not wait
for due process of law, stormed the Magistrate’s Court in one of
the sittings, in order to rescue and free Gani Adams, right inside
the court. Chief Fawehinmi was furious, as he would not tolerate
any assault on the rule of law.

On the day the application for the enforcement of fundamental
rights was to be heard by Hon Jus Rhodes-Vivour, Chief Fawehinmi
called me and instructed that we should withdraw our appearance in
the case, in protest of the invasion of the Magistrate’s Court by
members of OPC. I was a very young lawyer, with little or no
experience. The case was adjourned for definite hearing, so how do
I go before the judge to ask him to allow me to walk out of the
case? Well, I had no choice in the matter, as Chief Fawehinmi was
waiting for the outcome of the proceedings, with journalists all
over the court.

When the case was called, I could not speak audibly, as I began
to stammer, muttering some things only to myself. Hon. Jus
Rhodes-Vivour kept asking me to speak up, to the extent that he
asked me to move forward, so he could hear me clearly. Of course My
Lord must have read about the court invasion, as it was all over
the news media. I finally got some courage to explain that my
principal, Chief Fawehinmi, had instructed that I should withdraw
from the case. My Lord asked me why and I explained to him. He then
asked me why I had to stammer to say that, as that is what he would
have expected of Gani, knowing his antecedents.

His elevation to the Court of Appeal was greeted with wide
acceptance, given his record on the High Court Bench. The
Honourable Justice Olabode Rhodes-Vivour distinguished himself in
the Court of Appeal as a consummate jurist and got his deserved
elevation to the Supreme Court, thereafter.

My Lord is leaving the Supreme Court, walking tall and proud, of
an illustrious career at the Bar and the Bench, having helped to
reform the legal profession in Nigeria. Together with his amiable
and ageless wife, Aunty Doyin Rhodes-Vivour, SAN, My Lord adopted
our family into his, becoming a worthy role model to us and indeed
to so many others across the globe.

No doubt the Supreme Court, the legal profession and indeed
Nigeria, will miss this great mind, given his wealth of experience,
intellectual depth and his transparent and result-oriented approach
to justice administration generally. I dare say that a legal
colossus has left the legal firmament of Nigeria.

It is a thing of joy that My Lord has fought a good fight and
has finished the race without blemish.

Happy retirement, My Noble Lord.

EBUN-OLU ADEGBORUWA, SAN

By Ebun-Olu Adegboruwa, SAN

I was very young when I used to hear his name, as State Counsel
in the Lagos State Ministry of Justice. He was popular with his
adept handling of many criminal cases in court, so he was always in
the news. I was thus very glad when he was elevated to the High
Court Bench.

Many lawyers love to appear before him, as he was known to be
well experienced and very practical in his approach to law and
justice, generally. Then I had my personal experience in a
protracted land matter wherein I appeared before him as counsel to
the Claimants. He was not given to frivolous adjournments,
technical objections and the usual tricks of counsel. He would have
read the case file and was well abreast of the pleadings of the
parties, such that he would confront you as counsel and challenge
you to do the needful to achieve justice for all.

Then came the case of Gani Adams (now Aare Ona Kankanfo). Adams
was arraigned before the Magistrate’s Court, Ebute-Metta, on
trumped up charges and Chief Gani Fawehinmi, SAN, had his
retainership. We filed an application for the enforcement of his
fundamental rights and it was assigned to the Honourable Justice
Rhodes-Vivour (as he then was). Before the application could be
heard, members of the Oodua Peoples’ Congress who could not wait
for due process of law, stormed the Magistrate’s Court in one of
the sittings, in order to rescue and free Gani Adams, right inside
the court. Chief Fawehinmi was furious, as he would not tolerate
any assault on the rule of law.

On the day the application for the enforcement of fundamental
rights was to be heard by Hon Jus Rhodes-Vivour, Chief Fawehinmi
called me and instructed that we should withdraw our appearance in
the case, in protest of the invasion of the Magistrate’s Court by
members of OPC. I was a very young lawyer, with little or no
experience. The case was adjourned for definite hearing, so how do
I go before the judge to ask him to allow me to walk out of the
case? Well, I had no choice in the matter, as Chief Fawehinmi was
waiting for the outcome of the proceedings, with journalists all
over the court.

When the case was called, I could not speak audibly, as I began
to stammer, muttering some things only to myself. Hon. Jus
Rhodes-Vivour kept asking me to speak up, to the extent that he
asked me to move forward, so he could hear me clearly. Of course My
Lord must have read about the court invasion, as it was all over
the news media. I finally got some courage to explain that my
principal, Chief Fawehinmi, had instructed that I should withdraw
from the case. My Lord asked me why and I explained to him. He then
asked me why I had to stammer to say that, as that is what he would
have expected of Gani, knowing his antecedents.

His elevation to the Court of Appeal was greeted with wide
acceptance, given his record on the High Court Bench. The
Honourable Justice Olabode Rhodes-Vivour distinguished himself in
the Court of Appeal as a consummate jurist and got his deserved
elevation to the Supreme Court, thereafter.

My Lord is leaving the Supreme Court, walking tall and proud, of
an illustrious career at the Bar and the Bench, having helped to
reform the legal profession in Nigeria. Together with his amiable
and ageless wife, Aunty Doyin Rhodes-Vivour, SAN, My Lord adopted
our family into his, becoming a worthy role model to us and indeed
to so many others across the globe.

No doubt the Supreme Court, the legal profession and indeed
Nigeria, will miss this great mind, given his wealth of experience,
intellectual depth and his transparent and result-oriented approach
to justice administration generally. I dare say that a legal
colossus has left the legal firmament of Nigeria.

It is a thing of joy that My Lord has fought a good fight and
has finished the race without blemish.

Happy retirement, My Noble Lord.

EBUN-OLU ADEGBORUWA, SAN