A legal luminary, Chief Afe Babalola, SAN,on Wednesday proposed 100
years as retirement age for Supreme Court Justices from 70.
This is contained in a statement issued by Tunde Olofintila, the
Director, Corporate Information of Afe Babalola University, Ado Ekiti,
(ABUAD), in Ado Ekiti on Wednesday.
Babalola, founder of ABUAD, made the call at the virtual launch of books
in honour of rtd Justice Bode Rhodes-Vivour, CFR, of the Supreme Court
to mark his retirement from the bench on attaining 70.
He canvassed for a review of the age of retirement of judges, especially
those of the Supreme Court Justice from the current 70 to 100 or more,
if life service is not possible.
”There is urgent need for reform of our judicial system. This is with
particular regards to age of judges, most especially those at the
Supreme Court.
” Experience has shown that a person becomes wiser and more experienced
as he advances in age.
” Under our judicial system today, Justice Rhodes-Vivour is retiring at
the 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 times, 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 years. The average retirement age has grown a
whooping 103 years in other climes”.
The founder and Chancellor of Afe Babalola University, also advocated
that under the review, retiring judges should be allowed to practice
law.
” 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 quasi-restrictive style, which
is in operation in the U.S. 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”, he said.
On appointment of judges, he said the position of the Chief Justice of
Nigeria, was 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
level of the courts.
” This is why in other climes, judges are chosen from seasoned legal
practitioners. I recall the case of late 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.
” We truly need restructuring in this country today and that will assist
us in many diverse ways as we as 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”, Babalola
said.
He said It would also ensure that the country has part-time legislation,
reduce the huge salaries currently being earned by legislators in favour
of sitting allowances as well as reduce cost of governance and ensure
elections are run at cheaper rates while women representation in
governance be higher.
” Our constitution is the greatest problem of Nigeria, the operation of
the constitution is expensive with its attendant over-concentration of
power at the centre, thereby rendering the States and Local-Gnvernments
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 a more united Nigeria
is to restructure
” 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, guarantee employment, eradicate poverty and make
individuals to become true Nigerians.“, he said.
He described Justice Rhodes-Vivour, as an incorruptible , genial,
decent, and disciplined person as well as a Judge with unquestionable
integrity, character, industry and dignity who others should
emulate.(NAN)