JUDICIARY
Babalola Mulls Extending Retirement Age of Supreme Court justices to 100 Years
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-Governments 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)JUDICIARY
Court Strikes Ex-Kogi Governor’s Bail Application
Justice Maryann Anenih o a Federal Capital Territory (FCT) high court on Tuesday struck out the bail application filed by former governor Yahaya Bello of Kogi.Anenih struck out the application on the grounds that it was filed when the former governor was yet to be taken into custody of the Economic and Financial Crimes Commission (EFCC).
The application was filed on Nov. 22, while the former governor was taken into custody of the anti-graft agency on Nov. 26 and arraigned on Nov. 27.(NAN)Details later….
JUDICIARY
5 Men Face N25m Worth of Milo Products Theft Charge
Five men, on Monday appeared before an Ota Magistrates’ Court in Ogun, for allegedly stealing a truck load of Milo products worth N25 million.The defendants, Temidire Ramon, 35, Aminu Yusuf, 26; Olusola Opadare, 35; Oludayo Adeleye, 38, and Amodu Jimoh, 51, are standing tial on a two-count charge of stealing and conspiracy.
The prosecutor, Insp E. O.Adaraloye, told the court that the defendants committed the offences on Oct. 13, 2020, at Agbara in Ogun.Adaraloye, said that the defendants conspired and stole a truck load of Milo products valued at N25 million, belonging to Nestle Company.He said that the offences contravened Sections 390(9) and 516 of the Criminal Code Laws of Ogun, 2006.They, however, pleaded not guilty to the charge.The Magistrate, Mr O.A Onagoruwa, granted the defendants bail in the sum of N500,000 each with two sureties each in like sum.He ordered that the sureties must be gainfully employed and must reside within the court’s jurisdiction.Onagoruwa also ordered that the sureties must show evidence of tax payment to Ogun State Government.He adjourned the case until Dec.12 for hearing. (NAN)JUDICIARY
Court Grants Mother Custody of 2 Children
A Grade 1 Area Court, Kubwa has granted Maryam Muhammad custody of two children from her former husband, Bashir.
The judge, Musa Sabo ordered Bashir to pay Muhammad N175,000 for a self contained apartment in arrears following the plaintiff’s claim of already paid rent.
Sabo added that Bashir should secure a self contained apartment or pay the plaintiff N250, 000 annually for accommodation.
He said that the children would spend first and third term holidays with their father and second term holidays with their mother.
The judge said the father could pick his children up every weekend for outings within 10a.m to 6.pm from the mother and notify her before hand.
He also ordered him to pay outstanding school fees if any and pay the plaintiff arrears for the fees she claimed to pay after verifying same as she failed to prove it.
Sabo ordered Bashir to pay N40,000 from October 2023 To February 2024 and subsequently pay N45,000 monthly for the children’s upkeep..
Regarding the children’s medication, he ordered Bashir to make an arrangement based on his financial capability.
Earlier, the plaintiff approached the court for custody of her children, maintenance, Islamiyya school fees, enrollment of one of the children in a special needs school and transportation.
She also sought for Bashir to refund N770, 000 which she paid for her house rent with the children and pay for the medicals of the children.
Bashir however said his ex-wife paid the rent without his consent adding that he is a civil servant and not financially capable.
“I do not earn up to N2 million annually and I am currently paying N600,000 rent annually. My children are already under the National Health Insurance Scheme (NHIS),” he said.(NAN)