*Calls For Amendment Of Electoral Act To Shift Burden Of Proof On INEC
Says Supreme court precedents that no longer make sense must be laid to rest
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A retired Supreme Court Justice, Olabode Rhodes-Vivour, on Monday admitted that corruption is deeply rooted in Nigeria like any other country in the world.
However, he canvassed for concerted efforts to be made in order to reduce the abnormally.
The apex court justice who bowed out of the bench pleaded that corruption must be tackled through genuine efforts so as to make life more meaningful for the citizenry.
Speaking at a valedictory court session held in his honour at the supreme court complex, Abuja, Rhodes-Vivour said some of the precedents should no longer be followed.
“The supreme court has held on several occasions that it is absolutely bound by the doctrine of precedent or stare decisis,” he said on Monday.
“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“There are some precedents that are clearly out of date, and should no longer be followed. I am of the view that precedents that no longer make sense anymore or are outdated should be laid to rest and never followed.”
Addressing the issue of corruption in the nation, the jurist said: “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.”
He also faulted the conduct of elections in the country, lamenting that they are protracted because the stakes are too high.
He noted that the courts are saddled with the burden of resolving most elections “because most politicians are never satisfied with the results announced by the regulatory body charged with the conduct of elections”.
Rhodes-Vivour renewed his appeal that the country’s electoral act should be “amended to shift the burden of proof to the Independent National Electoral Commission (INEC) to prove that it conducted a fair and reasonable election”.
On the issue of national security, he said: “No one should be denied his rights on the whims and fancy of anyone in authority.
“National security must be visibly threatened before anyone is denied his rights.”
Also speaking at the court session, the Chief Justice of Nigeria, Justice Tanko Muhammad described Rhodes-Vivour as “Affable brother Justice” who 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” the CJN stated.
According to the CJN, “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 said.
Justice Olabode Rhodes-Vivour, on Monday bowed out of the Supreme Court bench on Monday, March 22, on attaining the mandatory retirement age of 70 years.
The jurist before his retirement was the next ranking Justice after the Chief Justice of Nigeria.
Justice Rhodes-Vivour was born March 22, 1951 to the family of Hon. Justice Akinwumi Rhodes-Vivour and Mrs M.E Rhodes-Vivour (all of blessed memory), in Lagos Island Local Government, Lagos state.
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