Does Zik Hall Really Need a Judicial Council?

At a time when the Nation’s judiciary is enjoying media spotlight perhaps it is the right moment to resurface the issue of Zik Hall’s Judicial Council and its needlessness.

This is definitely not an issue on the relevance of the judiciary in determining political aspirations nor is it to raise dust on the touchy rumours of judicial compromises at the highest level. This goes to the very root, and frankly raises the question, what is the judiciary’s role in the student-based administration of Zikites?

Some context. On Friday, the 24th of March, Zik Hall’s Legislative Council held a sitting to deliberate, among other items on its agenda, the ratification of judges for the Judicial Council.

Put in mind that the yet-to-be ratified and inaugurated Judicial Council nominees are to function as the third arm of government during the tenure of the incumbent Executive and Legislative Councils. How timely?

Even where the Constitution of Zik Hall is not explicit as to the exact period of ratification of the nominated Judicial Council members by the Legislative, there is no doubt as to when the process of appointment should begin. To quote verbatim, Section 36(4) of the Constitution provides thus;

“Within two (2) weeks of the swearing in of the Executive Council, the Judicial Council shall forward names of the Judges to the Executive Council for appointment subject to ratification by the Legislative Council” (Emphasis mine).

This is how the appointment has played out. The Executive Council was sworn in back in February 2022, followed by a long interlude of the 8 months ASUU strike, then a four month first semester, then the semester break, and then four weeks of the second semester before we arrive at last Friday, the 24th of March, when the House had its sitting for ratification.

The sitting which went on for a few hours saw the ratification of co-opted members of the house and the examination and approval of hall packages budget ended without the appearance of Judicial Council nominees let alone their ratification by the house. So the status quo remains, Zik Hall runs without an inaugurated Judicial Council for the 2021/2022 session.

But this is probably not consequential. In fact, a non-functioning Judicial Council will hardly raise anyone’s eyebrows. With due respect to the hallowed Judicial Council, its existence is of little or no relevance to the successful administration of the hall.

If this assertion comes across as unsettling perhaps the Council’s inconsequential history will put matters to rest. Ever since its creation 4 years ago, the Council has entertained only one case and merely thrashed the preliminary aspects of it without venturing into its substance. An article that does justice to the Council’s uncheckered history can be read here

But of course, any 100 level law student can quickly interject to say it is a trite principle of law that the Judiciary should not engage in soliciting its cases. True.

But how about a broader picture of a student body where Judicial intervention at the student level has never been warranted? How about the fact that students in halls of residence are simply not litigious and students would hardly consider approaching a student-run Judicial Council to adjudicate over their disputes?

Again, how about the fact that there are existing mechanisms for dispute resolution within the hall by Porters and the hall management? Judging from the only case that was heard by the Council which involved several paper works and compliance with complex court processes which even the average law student still grapples with, there is clearly little to be benefitted from having a Judicial Council. The little being CV prospects, a certificate of (non) service, and smiling portraits at the back of the books given as hall packages.

If it is so compelling to institutionalize a Judicial Council in Zik Hall then it would be practical to have a less-rigid system that allows a flexible process of adjudication. Such system will facilitate easy access to the judiciary and fast-track cases.

No hassle of looking for a half-baked lawyer for legal representation, no qualms about filing court processes that little is known about, and nothing of a prolonged process of ratification that only serves as a legislative burden.

It might be fancy to have a representation of the three arms of government in our coveted community but necessity should remain the mother of invention, and a Judicial Council in Zik Hall does not cut across as a necessity.

ALL CORREPONDENCE SHOULD BE ADDRESSED TO THE OFFICE OF THE EDITOR @ 08135476779