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26 — Vanguard, WEDNESDAY, APRIL 21, 2021 Need for a review of justice system – tribute to Justice Bode Rhodes-Vivour, JSC (rtd) RECENTLY I had the privilege to chair the virtual launch of a book published in honour of Hon. Justice Bode Rhodes-Vivour, JSC (retd.). 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: It gives me profound pleasure to welcome everyone to this Virtual Book Launch in honour of Hon. Justice Bode Rhodes-Vivour, JSC (retd.), CFR.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. 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 (retd.), CFR. I know Hon. Justice Rhodes Vivour (retd). 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. 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. Today, as we proceed to launch three books in honour of Hon. Justice Olabode Rhodes-VivourJsc (retd), 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. I know your 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 (retd) 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. Hon. Justice Olabode Rhodes-Vivour spent 11 years as a High Court Judge, five years as a Court of Apppeal 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 land mark 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 is illegal, discriminatory and in breach of fundamental human right. 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 extent limitation periods for some actions. Review of our justice system: 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 (retd) 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 78.7 years. The average retirement age has grown a whooping 103 years. Our Constitution is the greatest problem of Nigeria, a country of nations, today Practice after retirement: Need to reform: 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 quasirestrictive style in 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: 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 levels of the courts. This is why in other climes, judges are chosen from seasoned legal practitioners. 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. 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 lecture titled: “Nigeria in Search of a Nation”. 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. 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. We truly need restructuring in this country today and that will assist us in many diverse ways. It will 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. 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. Our Constitution is the greatest problem of Nigeria, a country of nations, today. The operation of the Constitution is expensive with its attendant over-concentration of power at the centre, thereby rendering the states and localgovernments 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 one Nigeria is the change of 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. It is restructuring that would enable each state to curb insecurity, unemployment, poverty, defective justice system and do away with failed leaders. Conclusion: 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. Writing a book is not like writing a love letter or an article in a newspaper. I have authored seven law books. Guild of Editors commends Ugwuanyi's rural development drive NUGU—NIGERIA Guild of EEditors has expressed satisfaction with the massive developmental strides and other people-oriented programmes Governor Ifeanyi Ugwuanyi’s administration is carrying out in the urban and rural communities of Enugu State, stressing that they are highly impressed. Speaking during an inspection tour of some projects executed by Gov. Ugwuanyi’s administration, when the standing committee of the Guild of Editors held its meeting in Enugu recently, the President of the body, Mustapha Isah, said that the governor’s massive rural development projects are commendable and worthy of emulation. “The quality of roads we saw in the rural areas, the massive dualized road in Nsukka; the primary and secondary healthcare facilities and even tertiary institution for the ESUT Teaching Hospital and College of Medicine, in Igbo-Eno, are impressive and commendable”, the President said. Isah pointed out that Gov. Ugwuanyi’s decision to invest massively in the health sector is worthy of emulation “in the sense that he has interest in the health of the people of Enugu State”. The Guild of Editors’ President added that the governor through his administration’s massive investment in the health sector especially at the rural areas “is making huge investments to ensure that in case we have any future outbreak like COVID-19, Enugu State will not be caught unaware.” He added that "he (Ugwuanyi) is already putting foundations in place to ensure that the State is ready for any such future outbreak." Also speaking on Gov. Ugwuanyi’s rural development drive, Martins Oloja, Editor-in- Chief of The Guardian Newspapers stated: “I am impressed by what I saw; you know there is something about me. I have written extensively against mediocrity. I don’t like mediocrity. By Joseph Erunke ABUJA—THE Tertiary Education Trust Fund, TETFund, said it has spent over N300 million on installations of molecular labs in the country. The agency also disclosed that it has made provision in the 2021 budget, awaiting consideration, to fund the establishment of more molecular labs and research on gene sequencing and phytogenic medicine, as well as vaccine research and production, as a key area of unraveling the lethal COVID-19 pandemic. TETFund's Executive Secretary, Prof. Suleiman Bogoro, disclosed this yesterday in Abuja while receiving participants of Executive Course 43, of the National Institute for Policy and Strategic Studies, NIPS, Kuru, Jos. While assuring that the agency will double research grants in 2021 from over 128 approvals made in 2020, he said the approvals will be announced as soon the Board of Trustees gives its nod. He disclosed that qualified institutions will draw a maximum of N50 million research grants from the N7.5 billion National Research Fund, NRF. Bogoro said: "Under the :Vanguard News :@vanguardnews “I went inside the newly constructed and equipped Type- 3 Primary Healthcare Centre and the Cottage Hospital with Isolation wing, the finishing was impressive. They considered so many things that people in the village need. It is very impressive and they even built quarters for doctors and nurses. “It is good that the governor (Ugwuanyi) is going to the roots of the matter by not being political, concentrating development in the rural areas. He wants people to know that we haven’t been having healthcare delivery system in this place (rural communities) so let’s rebuild; let’s revisit the foundation”. While applauding the initiative behind the Infectious Diseases Hospital, the editors also urged Gov. Ugwuanyi to remain steadfast in his sound vision in developing the rural areas for socio-economic growth and expansion. They enjoined him to speed up his actions and ensure that he completes all the projects his administration is executing before the end of his tenure. Some of the project sites visited were the ongoing first state government's flyover bridge project at T-Junction Abakpa Nike, Enugu, the massive construction works at the permanent site of Enugu State University of Science and Technology, ESUT, Teaching Hospital and College of Medicine, Igbo-Eno, the massively rehabilitated and transformed Enugu State Infectious Diseases Hospital, for isolation and treatment of patients with infectious diseases, formerly known as Colliery Hospital Enugu and quality road infrastructure in the rural areas. Others include, the Type-3 Primary Healthcare Centres, which were newly constructed in seven Local Government Areas of Enugu State and modern Cottage hospitals with Isolation wings ongoing in Awgu, Oji River, Udenu and Igbo Eze North LGAs, in line with its vision to provide quality, accessible and affordable healthcare services especially in the rural communities. TETFund spends N300m on molecular labs, says Bogoro instruction of President Muhammadu Buhari, the fund provided research intervention between N250 million to N300 million, to set up, at least, a quarter of the molecular labs established in the country." "We discovered that those facilities are helpful for both research and clinical purposes," he said, adding that the facilities will help sustain medical research in the country," he said. He also disclosed that funds were made available to some medical research institutes and colleges for the purpose of research. Bogoro also disclosed that 90 per cent of lecturers in Nigerian universities currently have PhDs, noting that nine years ago, only 40 per cent of university lecturers in the country had PhDs, and by 2015, over 60 per cent acquired PhDs. He further disclosed that more than 80 per cent of libraries in public tertiary institutions are TETFundprovided libraries. While speaking on NIPS, Bogoro said since the institute was carefully constituted in 1979, it has remained so with representation from the military, various ministries, and others, who are working on behalf of the country with a high sense of responsibility.
Continues from Page 5 national conference’ “What will national conference do more than a parliament? Anyone who is a democrat at heart, in practice in their beliefs, should believe in the tripartite structure of government. In governments that are democratic, there must be a parliament, the executive arm of the government and the judiciary, each one being independent and cooperating with the others. ‘’We have an elected parliament, which mandate is to be the custodian of the sovereignty of the Nigerian people. “Look, a lot of these people who are crying for this secession are unelectable. If you think you are electable, go around for a parliamentary seat, whether House of Representatives or Senate, and come and table an amendment to the constitution. ‘’The process is ongoing as we speak now under the Deputy Senate President. They are calling for memoranda; why can’t you present what you want? So the issue is that people who are not democrats want a parallel parliament to be set up and this constitution does not recognize two parliaments in this country. “We have one parliament that is sovereign, that is the custodian of the sovereignty of the Nigerian people. If your member representing you has failed to present this request that you want, whether it is change of structure at state, local government or national level, pull him out four years after, don’t vote for him. Put another representative who will do what you Naira depreciates to N410.67/$ in I&E window By Elizabeth Adegbesan The naira yesterday depreciated to N410.67 kobo per dollar in the Investors and Exporters (I&E) window. Data from FMDQ showed that the indicative exchange rate for the naira rose by 34 kobo to N410.67 kobo from N410.33 kobo per dollar on Monday, translating to 34 kobo depreciation for the naira. The volume of dollars traded (turnover) in the window yesterday rose by 43 percent to $99.49 million from $69.71million traded on Monday. vanguardnews @vanguardnews @vanguardnews Agitators for secession can't bully Buhari —PRESIDENCY want. This is how democracy works — periodic elections,” he stated. He also described President Buhari’s onslaught against corruption and other social vices as total and unsparing, saying not even his family members who run foul of the law would be spared. ‘Buhari won't shy away from Nigeria's problems’ In his remarks, National Secretary of the Caretaker Extraordinary Convention Planning Committee CECPC of the APC, Sen. John James Akpanudoedehe, said President Buhari would never shy away from the problems of the country. “The President is a listening man that a;ready knows many of the things you complain about. Once you bring anything or those issues before him, he will take it with commitment. Another thing we have achieved recently is the issue of the pump price of petroleum. “The party said no to it, even though they had discussed it. It doesn’t matter the circumstances. The party said the time was not ripe. That is the position of the party, and they listened. We have tabled the matter. “There has been no government like this in the history of the nation, and I am not playing politics. Show me any government that has done more than President Buhari, that has direct link with the masses”. Chairman of the forum, Akeem Akintayo, in his opening remarks, said professionals in the party would continue to contribute their quota to national development, whether they are in government or outside it. He asked the party leadership to look inwards when making appointments, saying there were very many technocrats within the party. Separatist agitations loud under Buhari — PFN Reacting to the Presidency’s declaration yesterday, the Pentecostal Fellowship of Nigeria, PFN, said continued agitations for separation by various ethnic groups under President Buhari’s government had been too loud. National President of PFN, Bishop Francis Wale Oke, who stated this while hosting members of Lagos State Varsity Christian Union who paid him a courtesy visit in Ibadan, said those with the President do not tell him the truth. He explained that though PFN held President Buhari in high esteem and would always pray for him, it would not shy away from telling him the truth. Bishop Oke said: “President Buhari should know that politicking is over and governance is the thing he should prioritize. Govern all Nigerians with love and be a father to all Nigerians. Don’t allow any group to lord their will on other ethnic groups in Nigeria. “A lot of people perceive that there is nepotism in appointments and that a certain people dominate the security apparatus. When a security team sits to meet, a larger percentage of Nigerians whom they are going to speak about is absent. “It’s people that love you that would tell you the truth. We are not begging for oil blocks or appointments. What we are asking for is that you should govern with equity and justice to all. A lot of damage has been done under this administration, particularly in the area of security. “There is high level of insecurity. There are killings, kidnapping, rape and bandits demanding millions of naira from their victims. When we voted for you, we paid our ransom; for bandits to be asking us to pay ransom means that government has failed. At times, people pay ransom and still get killed. “People who surround you won’t tell you the truth. You have fought in the Nigerian army to keep Nigeria one. Please, weigh in with that experience and stop banditry and kidnapping going on in Nigeria. “We, in PFN are supporting you; that’s why we are telling you the truth. Agitation for separation under this administration has never been this loud in our country. There is agitation in the South- South, South-East, South-West and even in the North. We plead with you to rise to the occasion. It’s not too late to bring Nigeria back.” Agitators just want Buhari to rule well — MBF In its reaction yesterday, the Middle Belt Forum, said secessionists were not out to intimidate President Buhari as alleged by the Presidency but were only trying to make him sit up and lead the country in the right direction. National President of MBF. Dr. Bitrus Pogu, insisted that no one was interested in bullying or intimidating the President. He said: “The issue is that for the government to make such a statement indicates that the government is aware that there are secessionist groups. “Secondly, when they talk about bullying, I ask, who is bullying who? Secessionist groups are sending a message to President Buhari that his government and his way of governance is so bad that people prefer to leave the commonwealth called Nigeria. “So it is a massage for the government to change its ways so that these movements and agitations will die down. In essence the agitations are there because the way the President is governing the country is not palatable, people do not appreciate it, as such people prefer to leave the country. “Therefore, the issue of using the word bullying does not even arise in the first place. It is rather better for the federal Vanguard, WEDNESDAY, APRIL 21, 2021 — 27 NEWS HOTLINES 018773962, 08052867058 From left, Bri-Gen, Sylvester Oloyede, Leader of the team National Institute for Policy and Strategic Study (NIPPS) Dr, Emmanuel Manman, Ag, Inspector- General of Police Alkali Baba Usman, Member of the team Pharmacist Isa Ardo and Assistant Inspector-General of Police, Mr Sanusi Lemu during the management team from National Institute for Policy and Strategic Study (NIPPS) on courtesy visit to Force Headquarters in Abuja on Tuesday. Photo by Gbemiga Olamikan. government to say, whatever it is that is pushing people to instigate secessionist tendencies would be addressed, so Nigeria can progress as one indivisible entity. “So the statement by the Presidency is an indictment of government and rather than government issuing threats, it should look passionately at the issues and try to address them so that Nigeria will be better for it.” Change tactics, Ohanaeze tells FG Also reacting yesterday, the Chidi Ibe-led faction of Ohanaeze Ndigbo called on Buhari’s government to change tactics and hold a roundtable meeting with agitators. Secretary General of the group, Isiguzoro Okechukwu, said Ohanaeze would assist the Federal Government to bring all Biafra agitators to a roundtable discussion to foster peace. “We hopefully expect them to grab this rare opportunity and talk with them. The best approach is to change tactics and strategies in dealing with secessionist threats rather than resorting to an eye for an eye. “The Federal Government should know that what is good for the goose is also good for the gander; it is not fair to use carrot and stick policy for bandits and Boko Haram members in the north and use brutal forces against agitators in the south. “Negotiations are the best approach for rebuilding trust and confidence among agitating groups. Incarceration and military actions are outdated weapons used to win the battle against secessionist threats.’’ History'll be unkind to this govt, if...— CAN On its part, Christian Association of Nigeria, CAN, said history will not be kind to the present government, if Nigeria broke up before the end of his tenure. CAN’s Vice Chairman (North), Rev. John Hayab, who described the claim by a presidential spokesman, Garba Shehu, as the display of fake arrogance, urged the President to tackle the factors responsible for the agitations, adding that things were not working well in the country “It is not a cheering news that many groups in Nigeria now are clamouring for secession. Everyone will desire to see Nigeria growing as a big, united, strong and dependable nation. “But, the current realities have created room for more people and interest groups to seek secession from what they see as a nation without hope or future. “As our President, you cannot expect Buhari not to talk tough. However, history will not be kind to him, if this nation breaks up during his tenure as President. “The challenge now is whether all that is happening now across every state and region is just to intimidate or bully the President? “The truth is that things are not going on well and the President should come up with measures to convince Nigerians that he means well and he is truly in charge. “Claiming that he is not intimidated by threats from secessionist is only a display of fake arrogance that this administration is known for,” CAN stated.
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