Below are the eight nuggets gathered from the speech of Justice Olabode Rhodes-Vivour, JSC, CFR, on Monday, March 22, 2021 – the day he retired from the Supreme Court of Nigeria, Abuja.
ON CORRUPTION: Genesis 6:12 reads: “And God looked upon the earth, and behold, it was corrupt; for all flesh had corrupted his way upon the earth.” Corruption exists in all the countries of the earth. Nigeria is no exception. What should be done is to reduce it drastically thereby making our dear country an exception by building credible and transparent systems.
ON ELECTIONS PETITIONS: “A careful reading and understanding of decided authorities show that a petitioner has an uphill task proving his petition in accordance with the Electoral Act. The Petitioner is always saddled with difficult requirements and procedures… It is suggested by me that the Electoral Act should be amended to shift the burden of proof to INEC to prove that it conducted a fair and reasonable election.”
ON NATIONAL SECURITY: As a Judge of the Court of Appeal I said that: “Where National Security is threatened or there is the real likelihood of it being threatened, Human Rights or the individual rights must be suspended until the National security can be protected or well taken care of.” National security must be visibly threatened before anyone is denied his rights. No one should be denied his rights on the whims and fancy of anyone in authority.
ON DOCTRINE OF PRECEDENT: The Supreme Court has held on several occasions that it is absolutely bound by the doctrine of Precedent or stare decisis. That in effect means: “Stand by your decisions and the decisions of your predecessors, however wrong they are and whatever injustice they inflict.” There are some precedents that are clearly out of date, and should no longer be followed. I am of the view that Precedents that no longer make sense anymore or are out dated should be laid to rest and never followed.
ON LIMITATION LAW: “There has been no reform of Limitation Laws in Nigeria. The general Limitation periods for some actions are too short. Judges should be conferred with discretion to extend Limitation periods when it is just and equitable to do so. Actions that readily come to mind are sexual abuse cases. The victims are usually too traumatized, under intolerable pressure, grief stricken and depressed for long periods,
Consequently, when they eventually regain their composure, it is too late to file action in court, because of the short limitation periods provided by the law. This also applies to personal injury cases. Injuries that occur in a factory. The victim is usually a poor factory worker drawn into endless negotiation by a boss much aware of the Limitation period. Time to file action runs out, when the poor factory worker realizes he has been taken for a ride. He has a cause of action but sadly one that cannot be enforced.
ON INHERITANCE: “… I held that a customary law which disentitles a female child from partaking in her deceased fathers estate is in breach of section 42 (1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian… Female children are entitled to an inheritance.
ON LGA CONTROL: It is the duty of the Governor to ensure their (LGAs) existence rather than being responsible for destroying them. It amounts to executive recklessness for the Governor to remove from Office democratically elected chairmen and councillors under whatever guise. It is illegal and wrong.
ON CONVICTS: I am of the view that certain convicts should be allowed to serve their prison terms only after their appeals are exhausted. The reason being that some convicts serve several years in prison before their appeals are heard and decided. Their appeal may be found to be meritorious. They are then released. No compensation paid for the time spent in prison.
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