Date Published: 11/16/09

Bode George: Keyamo protest against Justice Rhodes-Vivour presence

Lagos radical Lawyer, Festus Keyamo this morning, petitioned the Presiding Justice of the Appeal Court over the presence of Hon. Justice Bode Rhodes-Vivour in the panel of Court No.2 that is billed to hear and determine the bail application of Chief Olabode George.

Keyamo who is representing the Economic and Financial Commission, EFCC said that it has information that Hon. Justice Bode Rhodes-Vivour has shown a personal interest in the said matter in favour of Chief Olabode George (one of the Applicants), adding that justice will not be served if he participates in deciding the matter.

“As lawyers, we are pained writing this petition on our client’s instruction, especially as we have the greatest respect for the person and integrity of Hon. Justice Bode Rhodes-Vivour who is one of the finest minds on the bench today and we hold him and continue to hold him in the highest esteem.  But we are mindful of what the Supreme Court said in the case of Kenon v. Tekam (2001) 14 NWLR (Pt.732) 12 at 36 as follows:

“The court does not look at the mind of the Justice himself or at the mind of the chairman of the tribunal, or whoever it may be, who sits in a judicial capacity. It does not look to see if there was a real likelihood that he (the Judge) would, or did, in fact favour one side at the expense of the other. The court looks at the impression which would be given to other people. Even if he was as impartial as could be, nevertheless, if right-minded persons would think that, in the circumstances, there was a real likelihood or bias on his part, then he should not sit. And if he does sit, his decision cannot stand……..The court will not enquire whether he did, in fact, favour one side unfairly. Suffice it that reasonable people might think that he did. Justice must be rooted in confidence; and confidence is destroyed when right minded people go away thinking: “the Judge was biased,” EFCC stated through in a petition this morning through its Lawyer, Festus Keyamo.

EFCC asked the Court of Appeal to refer the case to another panel. “My Lord, we therefore, kindly request that you do the needful by either re-assigning the case to another panel or directing the Hon. Justice Bode Rhodes-Vivour to excuse himself from the said panel to hear and determine issues involving Chief Olabode George.”