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Nairaland Forum / Nairaland / General / Politics / Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola (843 Views)
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Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by Johnnyessence(m): 11:13am On Jun 17, 2019 |
Should the judiciary, on the basis of an alleged bias that is neither actual nor apparent but merely contrived, disqualify an upright man who has served admirably in the temple of justice for over forty years? Should a judge who has served meritoriously on the Bench for twenty- five years be subjected to caustic and malicious persecution on phantom allegations of unsubstantiated bias? Nigerian politicians now seem to have a new stock-in- trade: the politically-motivated smearing of judges with the aim of ‘forum-shopping’. Forum-shopping is that expression known in legal circles as referring to a litigant’s attempt to determine (or, at least, have influence on) the choice of the particular court or judge that will adjudge his case. Every sane legal system discourages, and in some cases, punishes forum-shopping. Observers have watched with great concern and alarm, the recent trend in Nigeria by which politicians attempt to effectively ‘forum-shop’ by disqualifying certain judges on the basis of politically-motivated smears and contrived or outlandish conjectures. Of course, if a judge has demonstrably substantial interest in a matter, he should not sit in judgement over this. But to seek out to smear and, by so doing, effectively disqualify judges on the basis of the affiliation of their relatives with certain political parties, or on the basis of their assumed loyalty to tribal sentiments, or on the basis of their perceived loyalty to political leaders from their states of origin, borders on the ridiculous, reeks of desperation, and should not only be discouraged but condemned in the strongest terms possible. I am motivated to put pen to paper on this matter because of the appalling opinions and sentiments that have been expressed regarding the selection of the Supreme Court panel put together to hear the appeal emanating from the Court of Appeal’s decision on the Osun State election petition brought by the candidate of the Peoples Democratic Party in that election, Senator Ademola Adeleke. The most vitriolic smears have been directed at Justice Olabode Rhodes-Vivour (CFR), the impeccable justice of the Supreme Court, who has a pristine record as a brilliant, capable, and fair-minded judge. Every unbiased legal practitioner in Nigeria worth his salt would readily attest to Justice Rhodes-Vivour’s sagacity, brilliance, and earned reputation for courage and forthrightness. It is thus sad and disheartening that unfounded aspersions are now being cast on this widely-admired jurist. While one should rightly feel concerned for the eminent jurist, the greater concern should be reserved for the implications of these conducts on the health and integrity of our systems and institutions. We all must rise as a people to denounce and abort the efforts of politicians who attack judges for political gains for the following reasons, among others: a. Such attacks will further erode confidence in our institutions in general and in the legal system in particular; b. Such gradual erosion of confidence will have long term and far-reaching devastating effects on the cohesion of the nation, the effectiveness of our institutions and, indeed, the survival of our democracy; c. Politically-motivated attacks on judges and the resulting erosion of confidence in the judiciary will allow political disputes of a legal character to fester and remain unresolved. This could be dangerous in a country as diverse and as susceptible to violent eruptions as ours; and d. Our judiciary will be starved of the best of legal minds who will not want to be subjected to such unwarranted mudslinging and embarrassing falsehoods. Of course, allegations of bias should be taken seriously. The fundamental principle underlying the concept of judicial bias is that a man may not be a judge in his own case. To this end, there are two recognised types of bias: actual bias and apparent bias. There will be actual bias where the judge is a party to the litigation or has a financial or other interests in its outcome. The interest does not have to be pecuniary or proprietary but can involve the promotion of a cause. Apparent bias may be alleged where the judge’s conduct or behaviour, interests or allegiances give rise to a suspicion that he is not impartial. In the case of Justice Olabode Rhodes-Vivour (CFR), the bias alleged so far by innuendoes on social media is neither actual nor apparent. At best, it may be described as contrived and, at worst, as phantom. The 68-year-old justice of the Supreme Court who started his career in the Lagos State Ministry of Justice and was appointed a judge in the Lagos State Judiciary in 1994 has, throughout his illustrious career, exhibited exceptional devotion to duties and established an unimpeachable reputation for candour, both of which have stood him in good stead, so much that his nominations and subsequent appointment to the Court of Appeal and later to the Supreme Court were greeted with widespread acceptance in legal circles. There has never been a proven allegation of impropriety against this eminent judge and his staunchest detractors have been unable to credibly fault the legal and logical validity of his judgements and opinions. Where does this leave us? Should the judiciary, on the basis of an alleged bias that is neither actual nor apparent but merely contrived, disqualify an upright man who has served admirably in the temple of justice for over forty years? Should a judge who has served meritoriously on the Bench for twenty-five years be subjected to caustic and malicious persecution on phantom allegations of unsubstantiated bias? And, if we are now going to recognise unsubstantiated and contrived bias as a new nebulous class of actionable bias, is it not a concern that we will soon run out judges to hear and determine disputes because any litigant would then be able to, out of thin air, contrive bias against any judge? Is that where we are headed? Is that where we should be heading? https://thenigerialawyer.com/stopping-the-aspersions-being-cast-on-rhodes-vivour-by-akingbolade-akinbobola/
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Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by dukie25: 11:14am On Jun 17, 2019 |
Good article |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by Johnnyessence(m): 11:17am On Jun 17, 2019 |
cc lalasticlala cc mynd44 cc OAM4J |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by dukie25: 11:19am On Jun 17, 2019 |
Those that cast aspersions on Rhodes are the same people that appointed a sharia court judge to head the Supreme Court. Nigeria is a comedy. 1 Like 1 Share |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by Johnnyessence(m): 11:36am On Jun 17, 2019 |
dukie25:well we believe that supreme court justices we decide on the case faithfully. justices Rhodes is among the justice that will seat on the case already. let's keep our hope alive that justice will be served on the case. |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by dukie25: 11:40am On Jun 17, 2019 |
Johnnyessence:She is just one out of a total of how many. The shariah cjn will still manipulate the others to act accordingly to the script given to them by APC. |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by Johnnyessence(m): 11:46am On Jun 17, 2019 |
dukie25:I don't think that way cos' the supreme court judgement on punch, Zamfara, Niger East senatorial district case really shows that the supreme court judges are not biased. they are judged based OK what the counsels of the appellants/ clients present to them. the justices of the Supreme Court will decide on the outcome of the case from the tribunal to the appeal case. 1 Like |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by seunmsg(m): 11:48am On Jun 17, 2019 |
When Jonhnnyessence start campaigning in support of a particular judge, just know that the judge in question is a full fledge PDP member. On a serious note though, PDP started this nonsense and we warned them back then. You cannot be impugning the integrity of very senior public officials simply because of politics. What PDP did to Amina Zakari and justice Bulkachuwa is what some APC members are doing to Rhodes Vivour. Sadly, it won’t end with justice Vivour. Anytime Mary Odili is on any SC panel to decide a political matter, her integrity will be impugned and she will be forced to recuse herself from the case. Meanwhile, accept the reality that Bode Rhodes Vivour won’t be heading the SC panel to decide the Osun case as earlier proposed. The CJN has taken over and we now have a full panel. Whatever they decide is final and acceptable to APC. 2 Likes |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by dukie25: 11:51am On Jun 17, 2019 |
Johnnyessence: You can't compare what happened in Zamfara to this. The CJN had no room to maneuver because INEC sealed their fate when they said there was no authentic primaries in Zamfara. |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by Johnnyessence(m): 11:51am On Jun 17, 2019 |
seunmsg:Mr seunng, I'm not campaigning on one particular judge here. I'm only posting on the judge the Apc nailed that he's a pdp member which is not. you can see it from where I post above. if you have been following court cases in Nigeria judiciary. justice kekere ekun was chairman of Appeal court that gave victory to Rauf Aregbesola on November 26,2010, then Aregbesola was in AC then. let's not be biased in our comments please. |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by Johnnyessence(m): 11:54am On Jun 17, 2019 |
dukie25:yes you are right, but in all supreme court judges will decide on the case with the fear of God. series of common man has been getting their justices in the supreme court. of recent Punchng newspaper got their Supreme Court after 25 years of delay. |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by seunmsg(m): 11:55am On Jun 17, 2019 |
Johnnyessence: We now have a full panel so there should be no cause to worry. If you think Justice Kekere Ekun is sympathetic to APC, other also have same concern about Bode Rhodes Vivour who has always given victory to PDP in any case brought before him. So, they cancel each other out. The objective decision of the other five members of the panel will serve the cause of justice. Let’s wait. 2 Likes |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by dukie25: 11:57am On Jun 17, 2019 |
Johnnyessence: I'm not as optimistic as you Johnnyessence. Anyway let's wait and see. If Adeleke manages to pull this off, I'd personally DM him on twitter regarding his number fan Johnnyessence lol. |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by Johnnyessence(m): 11:58am On Jun 17, 2019 |
seunmsg:go and google on justice kekere ekun that decided on the appeal case of Aregbesola in 2010 in ibadan divisions of the court of appeal. then chief femi falana SAN was his counsel then. Infact it was this case that results the supreme court to extend the sittings of the election petition to supreme court which is the last court of the land. So Mr seunng, can we now say that justice kekere ekun is an APC member and Tinubu associate? what the common man always pray for is justice. so let's allow the justice to take its course. 1 Like 1 Share |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by Johnnyessence(m): 12:00pm On Jun 17, 2019 |
dukie25:oh thanks for your response. I really appreciate your reply you. alot of people are number one fan of Adeleke. people just want justice on the case. 1 Like 2 Shares |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by Johnnyessence(m): 12:01pm On Jun 17, 2019 |
seunmsg:what everyone is only looking for is justice on the case and the Supreme Court justices should decide fully on the case. |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by Johnnyessence(m): 2:00pm On Jun 17, 2019 |
dukie25:justices Rhodes is a man and not a woman. |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by Tospringe: 2:15pm On Jun 17, 2019 |
Johnnyessence:Justice Kekere-Ekun also gave victory to wike at the supreme court. Oya shift... 1 Like |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by Johnnyessence(m): 2:56pm On Jun 17, 2019 |
Tospringe:when was that? can you please post the link here to search for the judgment please. thank you. |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by zoedew: 6:42pm On Jun 17, 2019 |
Johnnyessence: Certainly not the way to go! It signposts how unrefined and unpatriotic the Nigerian worldview can be. The other day it was Bulkachuwa! 1 Like |
Re: Stopping The Aspersions Being Cast On Rhodes-vivour, By Akingbolade Akinbobola by Johnnyessence(m): 6:47pm On Jun 17, 2019 |
zoedew:Justice Rhodes isn't biased in his judgement at all. he has been practicing law for over 25 years now. he's a honest justice that I'm proud of. God bless him abundantly. the likes of justice kekere ekun was part of the panel too. Infact she was the one that ruled on Aregbesola appeal case in 2010 Nov 26,i will never forget. 1 Like |
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