A retired Justice of the Supreme Court, Olabode Rhodes-Vivour, on Monday, maintained that many previous decisions of the apex court should be laid to rest and never followed.

Justice Rhodes-Vivour, who clocked the 70 years mandatory retirement age on Monday, spoke at a valedictory session the Supreme Court held in his honour.

He took his last opportunity on the bench to address key issues affecting both the judiciary and the nation.

The retired jurist noted that the Supreme Court had on several occasions, held that it is absolutely bound by the doctrine of Precedent or stare decisis.

He said the doctrine, in effect, means “stand by your decisions and the decisions of your predecessors, however wrong they are and whatever injustices they inflict”.

Justice Rhodes-Vivour argued that abiding by such principle would ensure that the apex court continued to follow some of its previous judgements that no longer make sense.

According to him, “There are some Precedents that are clearly out of date, and should no longer be followed.

“I am of the view that Precedents that no longer make sense anymore or are outdated should be laid to rest and never followed”.

On the issue of corruption, Justice Rhodes-Vivour stressed that it exists in all the countries of the earth, adding that Nigeria is no exception.

He said what should be done was to reduce it drastically, “thereby making our dear country an exception by building credible and transparent systems”.

The retired jurist further observed that elections in the country are always protracted due to the fact that the stakes are usually high.

He noted that most elections are often resolved by the courts, simply because most politicians are never satisfied with the results announced by the regulatory body charged with the conduct of elections (INEC)”.

Justice Rhodes-Vivour recalled that he had in a judgement he delivered in 2016, in an election dispute that involved the Governor of Cross River State, Emmanuel Udom, pointed out that a careful reading and understanding of decided authorities, would show that a Petitioner has an uphill task proving his petition in accordance with the Electoral Act.

He, therefore, recommended 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.

More so, the retired jurist noted that though he had in 2006, while serving as a Justice of the Court of Appeal, held in the case of Dokubo-Asari Vs FRN 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.

He however made a U-turn on Monday, stressing that national security must be visibly threatened before anyone is denied his rights.

He said: “No one should be denied his rights on the whims and fancy of anyone in authority”.

On the issue of inheritance, Justice Rhodes-Vivour said his judgement that abolished customary practices excluding female children from inheriting their father’s estate, was informed by his vigorous study of the Bible.

The retired jurist said he had in his verdict in Ukeje V Ukeje (2014) 11NWLR (Pt. 1418) P. 384, held that “a customary law which disentitles a female child from partaking in her deceased father’s estate, is in breach of section 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian.

“The said Customary law is void as it conflicts with session 42(1) and (2) of the Constitution.

“Female children are entitled to an inheritance”, he added.

On the issue of convicts, Justice Rhodes-Vivour said he was of the view that they 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”.

Meanwhile, the Chief Justice of Nigeria, CJN, Justice Tanko Muhammad, in his address at the event, described Justice Rhodes-Vivour as “a rare gem”.

He said the retired jurist diligently and meticulously offered unquantifiable services to Nigeria and humanity.

“We are all here today to felicitate with an accomplished jurisprudential iconoclast that has offered the best of his intellect to the advancement of the legal profession through his several years of inimitable adjudications.

“His Lordship is a rare gem and unblemished symbol of humility and piety.

“His proficiency in the dispensation of justice, which is anchored on his mastery of law, presents him as a man of honour and scholarship.

“His judgments are not only incisive but also analytical and opulent by all standards.

“His robust contributions to the development of our jurisprudence are inviolable and fascinating.

“His impeccable attention to details in every matter before him is alluring and salutary as well”, the CJN added.

[url=https://www.vanguardngr.com/2021/03/many-supreme-court-decisions-no-longer-make-sense-%e2%80%95-justice-rhodes-vivour/amp/]SOURCE [/url]

Did anyone make sense before?

Nothing makes sense here....

who notice that tanko tried hard to proof that he is not a quota system judge in his speech?but na lie we know wetin dey sup buhari will blow grammar pass obiagbo if wole sayinka can write speech for him

Even him too no make sense!!!!!

Especially that of imo state governorship judgement. And this started immediately buhari took over.

After the damage have been done in the Kano, Osun, Imo abracadabra right? Well, whether you like it or not, Justice Rhodes you were also part of the "senselessness" the once revered Supreme court became under the tyrant.

“No one should be denied his rights on the whims and fancy of anyone in authority”.

Nope! "National security supersedes the rule of law." According to Buhari.

Only thing that makes sense in any court in Nigeria na their canteen. Those women dey cook abeg.

For how can you still follow the "stand by your decision and the decision of your predecessors" rule when the said predecessors rule might have been influenced or cowed into giving a particular judgement

Diswan just retired and his first public comment is throw jab at his ex colleagues.

Supreme court in Nigeria is like the elasticity level of foolishness and stupidity in decision making.... coupled with all those SAN (Senior Advocate of Nuisance) or (Senior Assss wipes of Nigeria)....


BTW most times i just wonderhow someone will be a lawyer and a Christian and he thinks heaven will be a piece of cake for him/her to enter....

Rezn:::
Buhari

The judiciary has long been politicised.. No more justice in the land thanks to the lifeless one

What beats me though is the silence of support groups and pressure groups asides few loud voices like Falana

To fellow brothers the new power is currency 1 Kuwait =$3usd making Kuwait a small country powerful! To avoid disastrous history repetition...1 fadaka / 1 Biafra pound should always equal or more ♎️ $1usd or any leading currencies! STAY WOKE!!!

Kk

NIGERIA is under siege

Since the days of John the Baptist

Shameless court of Nigeria

Did it make sense before?

Luckydubby7:
Especially that of imo state governorship judgement. And this started immediately buhari took over.

We have an unprecedentedly total fascist take over of the judiciary, the kind that compelled the Supreme Court to award nullified rigged votes to APC’s Hope Uzodinma even if by doing so the Supreme Court created an astonishing numerical incongruity where the Supreme Court’s final vote tally is now greater than the number of people INEC accredited to vote!

https://www.farooqkperogi.com/2020/01/imo-judicial-abracadabra-and.html?m=1#.XiJ_Dz71hGU.twitter

Head or tailed, the supreme court have entered a political culdesac with its judgement on Imo guber case.Hence, whether it reverses itself or not, the reputation of the apex court have been bastardized already.

Justice was badly dispensed thus giving rise to a judicial logjam this case will forever be referred to in generations to come.

And are you guys going to let those decisions to remain same?

lawyers are one of the greatest problem of Nigeria who forces judicial pronouncement on the people, they cannot differentiate what orbital dictum is that why after a court judgment, you become more confused because no one wants to lose

Room should be created for judicial review to know which judgment is a precedent to avoid unnecessary frivolous judgments

Shared: https://ajuju.com.ng/community/politics/rhodes-vivour-some-supreme-court-decisions-dont-make-sense-anymore/

Now that you're nolonger in the system? Always shying away from responsibilities.

Why would it made sense when the body of benchers has been infiltrated by Sharia judges

The Buhari effect

Never has it been this bad that a whole Supreme court would complain.

You knew all these years that the supreme court decisions were rubbish eg. hope uzodinma.
But you were silent. It's now you are retiring you are speaking up.

Olabode you are a coward and fulani slave!

True.
Buhari has desecrated and basterdised the once venerated Supreme Court.

Is there anything that makes sense in Nigeria these days except Amala Iya Basira?

Wait until buhari replaces your spot and nwakili own with Northerners


Then you would know what quota decisions mean