By Afe Babalola, SAN
![image](/2020/10/lawreport.jpg")
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.
![image](/2021/01/payne-alex.jpg")
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
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