The Mr. Otumala-run AG Office, and the Zik Hall Judicial Council: A Panorama of Questions, Questions and More Questions

By Saint

“as regards the ethics and litigation committee, it has not been fully constituted yet and that is because I want to ensure that only qualified and zealous Zikites are appointed as members of the committee. Thus, the appointment process is more stringent this time around.”

“I will say emphatically that plans are already on ground on how to get the office of the AG fully functional (and by extension, the Judicial Council).” These were the words of Mr. Otumala Emmanuel, a 400 level law student, to ZHPO in February 2022, upon his ratification as Zik Hall’s Attorney General. Ten months down the line this statement evokes more questions than there are answers.

Perhaps the first question to consider should be, what is the office of the Attorney General in Zik hall? A little bit of history. In the 2017/2018 session, a six-man constitutional review committee of law students was empaneled. The outcome of the committee’s review was the establishment of a Judicial Council (JC) and the office of the Attorney General in Zik hall. These institutions were duly entrenched in the constitution through an amendment process. Thus, since 2019, the office of the Attorney General of ZIk hall has been in existence. 

The AG’s office is recognised under Section 31 of the Zik Hall Constitution (2019) with enshrined functions as the chief prosecuting officer of the hall responsible for the prosecution of offences named in the constitution. These offences are contained under Section 11 of the Constitution. The AG also acts as the chief legal adviser to the Executive Council. He is also empowered under the Constitution to constitute his ethics and litigation committee. 

Back to the self-assured statement of the AG, it is perceptible that the office of the AG had been wanting in the effective execution of its functions prior to Mr. Otumala assuming office. As such, it was expected that he was going to change the tide of things. But has he?

To begin with, the office of the AG is operated with the aid of an ethics and litigation committee which the AG himself is empowered to constitute. In a chat with the AG, ZHPO gathered that Mr. Otumala has yet to constitute his ethics and litigation committee since he stepped into office in February. 

Providing reasons for this default, Mr. Otumala proffered, “as regards the ethics and litigation committee, it has not been fully constituted yet and that is because I want to ensure that only qualified and zealous Zikites are appointed as members of the committee. Thus, the appointment process is more stringent this time around.”

Questions; how long does it take to fully constitute an ethics and litigation committee? Are qualified and zealous Zikites so hard to find that it would take an ultimate search of over 8 months to discover them? Is the appointment process so stringent that even in the 9th week of resumption the AG is still fashioning out an elaborate appointment procedure?

The issues here are more than curious. Beyond bringing to light Mr. Otumala’s dereliction, it shows an enduring trend of ineffectiveness of the AG’s office since its institution in Zik hall. The office of the AG has existed for three sessions now, but till date it has only appeared before the Judicial Council only once, and that was in 2019.

Interestingly, the AG at that time was not prosecuting an offender in that case, in fact, the AG was only representing the Executive Council to answer for the latter’s delay in appointing the same AG. Ever since, the AG’s office has resorted to a dormant position in the Executive Council only showing up when it is time to take photo shoots for the yearly jotters Zikites get as hall package.   

When you contemplate the dismay of the hall’s management at the flagrant disregard for hall rules by unruly Zikites, the complaints of the cleaners as to the barbaric actions of some Zikites and the calls for the enforcement of the aroism policy, one would assume that Mr. Otumala would wear his cocksureness on his sleeve and perform his duty like he promised in February.

The Judicial Council is not left out in this murky mix. Before the Judicial Council can hear any case instituted either by the AG or any Zikite, it must be duly constituted in accordance with Section 38 of the Constitution. ‘Duly constituted’ here simply means that there must be a certain number of judges available to sit on a case as provided in the foregoing Section. This is, however, impeded by the fact that new judges are yet to be appointed for this session, hence, the court cannot sit.

By virtue of Section 36 of the Constitution, two weeks after the swearing in of the Executive Council, the Judicial Council forwards the names of judges’ nominees to it. The Executive Council will then appoint subject to the ratification of the Legislative Council. This triangular journey of the judges’ appointment process has been steered into the 9th week of the semester and will terminate at a time the three Councils are prepared to infuse some measure of responsibleness into their roles.

Of course, Mr. Otumala was quick to cite the fact that the Judicial Council’s palava is a debacle to his functions. When asked about his promise to revive the Judicial Council, he said, “by reviving the Judicial Council, I meant getting them to be more active, but currently, the Judicial Council of the hall has not been duly constituted. Although I am aware that the process is currently ongoing by the relevant offices saddled with that duty.”

Again, questions;

• What happens when Mr. Otumala becomes aware that the Judicial Council has been constituted, if it ever will be? 

• Even where the Judicial Council is yet to be constituted, is it not within the powers of the AG to enforce the hall’s rules against offenders through reprimands and warning letters or recommendation to the hall management for disciplinary action? 

• What happens when he is left with only a few weeks in office and he is yet to constitute his ethics and litigation committee? 

• What happens to the revival of the Judicial Council by our more than ready AG? 

• What happens to the overarching purpose for the establishment of the AG’s office through the 2019 amendment of the Constitution? 

• Or should we reconsider the essence of the existence of an AG’s office in the first place?