Afe Babalola, SAN Proposes 100 Years Retirement Age For Supreme Court Justices

A legal luminary, Chief Afe Babalola, SAN, on Wednesday proposed
100 years as retirement age for Supreme Court Justices from 70.

This is contained in a statement issued by Tunde Olofintila, the
Director, Corporate Information of Afe Babalola University, Ado
Ekiti, (ABUAD), in Ado Ekiti on Wednesday.

Babalola, founder of ABUAD, made the call at the virtual launch
of books in honour of rtd Justice Bode Rhodes-Vivour, CFR, of the
Supreme Court to mark his retirement from the bench on attaining
70.

He canvassed for a review of the age of retirement of judges,
especially those of the Supreme Court Justice from the current 70
to 100 or more, if life service is not possible.

”There is urgent need for reform of our judicial system. This is
with particular regards to age of judges, most especially those at
the Supreme Court.

” Experience has shown that a person becomes wiser and more
experienced as he advances in age.

” Under our judicial system today, Justice Rhodes-Vivour is
retiring at the 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. Oftentimes, 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 years. The average retirement age
has grown a whooping 103 years in other climes”.
The founder and Chancellor of Afe Babalola University, also
advocated that under the review, retiring judges should be allowed
to practice law.

” 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, which is in operation in the U.S. 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”, he said.

On appointment of judges, he said the position of the Chief
Justice of Nigeria, was 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 practitioners. I recall the case of late 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.

” 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.

” We truly need restructuring in this country today and that
will assist us in many diverse ways as we as enable us 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”, Babalola said.

He said It would also ensure that the country has part-time
legislation, reduce the huge salaries currently being earned by
legislators in favour of sitting allowances as well as reduce cost
of governance and ensure elections are run at cheaper rates while
women representation in governance be higher.

” Our constitution is the greatest problem of Nigeria, the
operation of the constitution 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.

” I say with emphasis that the only change that can change the
country for the better and pave way for the enhancement of a more
united Nigeria is to restructure

” 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, guarantee employment, eradicate
poverty and make individuals to become true Nigerians.“, he
said

He described Justice Rhodes-Vivour, as an incorruptible ,
genial, decent, and disciplined person as well as a Judge with
unquestionable integrity, character, industry and dignity who
others should emulate..

A legal luminary, Chief Afe Babalola, SAN, on Wednesday proposed
100 years as retirement age for Supreme Court Justices from 70.

This is contained in a statement issued by Tunde Olofintila, the
Director, Corporate Information of Afe Babalola University, Ado
Ekiti, (ABUAD), in Ado Ekiti on Wednesday.

Babalola, founder of ABUAD, made the call at the virtual launch
of books in honour of rtd Justice Bode Rhodes-Vivour, CFR, of the
Supreme Court to mark his retirement from the bench on attaining
70.

He canvassed for a review of the age of retirement of judges,
especially those of the Supreme Court Justice from the current 70
to 100 or more, if life service is not possible.

”There is urgent need for reform of our judicial system. This is
with particular regards to age of judges, most especially those at
the Supreme Court.

” Experience has shown that a person becomes wiser and more
experienced as he advances in age.

” Under our judicial system today, Justice Rhodes-Vivour is
retiring at the 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. Oftentimes, 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 years. The average retirement age
has grown a whooping 103 years in other climes”.
The founder and Chancellor of Afe Babalola University, also
advocated that under the review, retiring judges should be allowed
to practice law.

” 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, which is in operation in the U.S. 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”, he said.

On appointment of judges, he said the position of the Chief
Justice of Nigeria, was 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 practitioners. I recall the case of late 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.

” 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.

” We truly need restructuring in this country today and that
will assist us in many diverse ways as we as enable us 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”, Babalola said.

He said It would also ensure that the country has part-time
legislation, reduce the huge salaries currently being earned by
legislators in favour of sitting allowances as well as reduce cost
of governance and ensure elections are run at cheaper rates while
women representation in governance be higher.

” Our constitution is the greatest problem of Nigeria, the
operation of the constitution 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.

” I say with emphasis that the only change that can change the
country for the better and pave way for the enhancement of a more
united Nigeria is to restructure

” 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, guarantee employment, eradicate
poverty and make individuals to become true Nigerians.“, he
said

He described Justice Rhodes-Vivour, as an incorruptible ,
genial, decent, and disciplined person as well as a Judge with
unquestionable integrity, character, industry and dignity who
others should emulate..