Steven Bankole Rhodes: Difference between revisions

Justice S.B. Rhodes C.B.E. (1890-1951) was one of the founding fathers of both the Nigerian Judiciary as well as the Executive arm of government. On 8 November 1945, he was the second indigenous judge appointed in to the Nigerian Judiciary, the first being Justice Jibowu and the third being Justice Adetokunbo Ademola. As a pioneer Judge,He contributed immensely to the development of Nigerian case law, by adapting the principles of the English common law, in their practical content, to the Nigerian environment.

In 1943 he served on the Executive council of Governor Sir Bernard H. Bourdillon; Prior to this, no African had participated directly in policy formulation at the central executive level in Nigeria. He also served on the legislative council representing the Rivers division prior to his appointment to the Executive council.^[1]

Prior to Joining the legislative council S.B Rhodes had been called to the bar and was a practicing lawyer.

On 21 January 1942, Rhodes was nominated as an unofficial member of the Legislative council of Nigeria, .^[2] just before the Richards constitution came in to force.^[3] He had represented various interests in the legislative council between 1933- 1943^[4] representing the Rivers division.^[5] He was sometimes characterised as a Nationalist. In council, he pushed for the nationalisation of all Nigerian industries.^[6] He also pushed for more autonomy for the native courts in relation to the firm grip used by the executive, through administrative officers, to control the Native courts.^[7] He asserted that the native courts were the most unsatisfactory aspect of the judicial reform of 1933, and called for a reconsideration of the Native Courts Ordinance in November 1937.

On 23 September 1942, King George VI gave directions for the appointment of Steven Bankole Rhodes, Esq.to be appointed as a member of the Executive Council of Nigeria.^[8]

Prior to this appointment,no African had participated directly in policy formulation at the central executive level.^[1] Before the World War II the educated elements, with few exceptions, were excluded not only from the central government but also from the native administration of local government.

The total exclusion of Nigerians from this policy-making body was one of the sharpest criticisms that the Nigerian political leaders leveled against the Legislative and Executive system of colonial administration in the period between the two world wars.

Three were elected from the township of Lagos and one from calabar, by an electorate composed of the wealthier members of the communities . All the elected and appointed African members came from the educated class ( five clergy men, six lawyers one journalist, one wealthy trader, and one district chief from the cameroons) yet only two of them both elected from Lagos, would have been considered nationalist minded at the time they served, and they were all repudiated by postwar nationalist. Two educated Africans ( Sir Adeyemo Alakija and Justice S.B.Rhodes) were appointed to the governors Executive council in 1943, but both were considered by the nationalist to be ‘safe’ government men. Before 1943 no African had participated directly in policy formulation at the central executive level.^[1]

Bourdillon agitated for constitutional reform to allow him seek African advice on the executive council, and insisted that it was his right as governor, to seek the advice which he needed to govern effectively. On 1 September 1942 Lord Cranborne gave way, despite the unhappiness of his officials.^[9] Shortly afterwards Sir Adeyemo Alakija and Justice S.B. Rhodes were the first Nigerians appointed to the Executive Council, shortly followed by G H Avezathe and the Emir of Katsina.

Many Nigerians tended to belittle this inclusion of two of their countrymen in Executive Council, Sir Bernard Bourdillon was obliged to remark in 1944:

“The importance of the step …received insufficient notice locally, chiefly

because those Africans appointed were not of the same political colour

as the Press, but it was a real Step forward, unofficial Africans now for

the first time being in the inner Councils of the Governor.”

It was said of these newly appointed leaders,

S. B. Rhodes and A. Alakija of Nigeria; and others, excelled with brilliance of speech and of pen. One cannot get a clearer picture of the type of men to whom the task of political leadership was entrusted, nor appreciate the esteem in which these men were held.'^[10]

On the first of January, 1943, King George VI conferred the honour of commander of the said Most Excellent Order –CBE on Steven Bankole Rhodes, Esq. For public services in Nigeria.^[11]

On The 9 October 1945, King George VI gave directions for the appointment of Steven Bankole Rhodes C.B.E., to be appointed as a Puisne Judge of the Supreme Court of Nigeria .^[12] He was the first Nigerian lawyer to be elevated to the Supreme Court Bench straight from the Bar, assuming his role on the 8th of November 1945 .^[13]

Others on the Bench included, Puisne Judges – O. Jibowu ; A.G.b Manson ; H.m.s Brown; C.T .Abbott ; W. Wells Palmer ; G.G Robinson ; F.W. Johnston ; E.Hallinan ; G.R Gregg.^[14]

One of the most famous and controversial cases brought before him was the trial of Heelas Ugokwe for the attempted assassination of H.M. Foot.

Heelas Ugokwe, a postal worker who in the midst of a countrywide crackdown on anti-colonial activists, carried out an assassination attempt on Colonial Chief Secretary, Hugh Foot. He stabbed him with a jack-knife from behind but Foot was rescued by a messenger. In court, Ugokwe revealed that his target was the British Governor, but because he could not reach him, he decided to assassinate Foot. He accused the British of carrying out massacres of Nigerians and that if the British officials who murdered Nigerian coal miners were free, he saw no reason why he should not be set free. His only regret, he told Justice S.B. Rhodes was that he did not succeed in assassinating Foot. The judge gave Ugowe the maximum life ^[15]

'In which law book did Mr S. B. Rhodes read that a type of Ugokwe's charge was punished by life' - Nnamdi Azikiwe. The judgment infuriated the Zikist that had come to regard Helas as a champion for Nigeria's liberation.

Justice S. B. Rhodes was the Chancellor of the Diocese on the Niger, Anglican Communion. at the time, the diocese covered Eastern Nigeria, the Mid-West, Kwara and the Middle Belt. He was succeeded by Louis Mbanefo .^[16]

Hon. Justice S.B.Rhodes was married to Mabel Jones, they had a son S.B Rhodes III and two daughters Gloria and Olga Rhodes. He is Uncle to Justice R.W.A Rhodes-Vivour and Grand uncle to Supreme court Justice Bode Rhodes-Vivour.^[17]

A prominent member of the colon nationalist section of Lagos society, The Hon Justice S.B. Rhodes told Tony Enahoro, at the end of May 1947 that he S.B. Rhodes, expected no self-rule in his lifetime. He died as the country's preparation for independence was apace.^[18]

Hon. Justice S.B. Rhodes C.B.E died in November 1951 at 61 years old.^[19]