Nigeria’s Supreme Court should remove outdated precedents: Rhodes-Vivour
A retired Supreme Court judge, Olabode Rhodes-Vivour, has called on the apex court to expunge outdated precedents from its books.
Justice Rhodes-Vivour stated this during a valedictory court session organized in his honour by the Supreme Court, after clocking mandatory retirement age of 70.
While delivering his valedictory speech on Monday, Justice Rhodes-Vivour, argued that some decisions are outdated and should be nullified in the court decision process.
“There are some precedents that are clearly out of date and should no longer be followed. I am of the view that precedents that no longer make sense anymore or are outdated should be laid to rest and never followed,” Vanguard quoted Mr Rhodes-Vivour to have said.
The retired jurist addressed some national issues on electoral laws, corruption, injustices, and violation of laws.
Mr Rhodes suggested that the National Assembly amend the Electoral Act to shift the burden of proof to the Independent National Electoral Commission that it conducted elections fairly.
He added, “Elections in Nigeria are protracted. The stakes are too high. Consequently, most elections are usually resolved by courts, simply because most politicians are never satisfied with the results announced by the regulatory body charged with the conduct of elections.”
However, the retirement of Mr Rhodes-Vivour will reduce the number of justices on the Supreme Court.
Twenty-one is the acceptable number by the Nigerian Constitution. Following his retirement, five other justices of the Supreme Court will retire within the next 33 months. The Chief Judge of Nigeria Tanko Muhammadu retires in 2023.
Born March 22, 1951, Mr Rhodes-Vivour was appointed as a pupil counsel in the Lagos Ministry of Justice after graduating from Nigerian law school and called to bar in 1975.
He served as the director of public prosecution in the ministry between 1989 and 1994. On April 25, 2005, he became a Court of Appeal judge.
On September 16, 2007, he became a Supreme Court judge.
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