Student unionism, much like modern democratic governance, thrives on certain fundamental principles, such as popular representation, separation of power, accountability and the rule of law.

These principles are integral to the effective functioning of any society that practises an ideal democracy. The University of Ibadan Students’ Union, comprising the Students’ Union Executive Committee and Students’ Representative Council, was founded to champion the interests of its members, the matriculated students of the University. Yet, one critical arm of government remains absent in this student body, the judiciary.

The University of Ibadan Students’ Union constitution only provides for executive and legislative arms with no provision for the judiciary. The absence of this crucial third arm of government has, over the time, undermined the principle of fairness, accountability and transparency that Union such as ours ought to uphold. This structural gap has equally contributed to a growing erosion of student trust in the Union.

The judiciary, everywhere in the globe, is the lifeblood of democracy as it performs critical functions, such as upholding the democratic principle of checks and balances, interpreting the constitution, addressing disputes among parties, and safeguarding the rights and liberties of the people. It is often referred to as the last resort of the ordinary man.

Additionally, the arm also serves as a check against any misconduct or abuse of power by members of the other two arms of government. In accordance with the constitution, it has the authority to declare null and void any actions by the arms and even anomalies perpetrated by citizens who are not in the corridor of power. Most importantly, its functions also extend to the interpretation of the law, administering constitutional ambiguities.

Similarly, within the realm of student governance, the role of the Judiciary is vital. Its presence in some tertiary institutions across the country and the significant roles it has played have highlighted its indispensability. At the University of Ibadan, the absence of this arm has often done gigantic harm to the student community, who are major stakeholders of the Union and the entire University at large. Time and again, the critical students of the University have called for the establishment of the Council within the Union, but their demands often fall on deaf ears

Why A Judicial Council?

The University of Ibadan Students’ Union has both the executive and legislative arms as provided under Article IV and XVII of the Students’ Union Constitution, but without a provision for the judicial arm. The roles of these existing two arms are performed by the Students’ Union Executive Committee and Students’ Representative Council respectively.

This structural gap has created significant lapses in the student government. At present, disciplinary cases involving members of the Students’ Union Executive Committee and the SRC are handled by the Disciplinary Committee of the Students’ Representative Council. Some cases within Union are administered by the University’s management. For instance, disputes arising from elections are handled by the Electoral Petition Tribunal set up by the Vice-Chancellor according to Article XII of the Union constitution.

While these constitutional provisions are intended to ensure sanity in the Union, they suffer from significant shortcomings. They have, as often witnessed, been prone to biases and inconsistencies, since there is no standing judicial body to set precedents or interpret the Union’s constitution effectively and authoritatively. The Disciplinary Committee, being a committee under the Students’ Representative Council may be biased especially when handling the case of misconduct or offense perpetrated by a character of interest within the Students’ Union Executive Committee or the Council itself. Moreover, when disputes are sent to the University administration, students often perceive such intervention as undue interference, which undermines the Independence of an ideal union.

Recently, certain members of the Students’ Union Executive Committee, namely the President, General Secretary, Assistant General Secretary, Treasurer, and House Secretary, are currently under the allegation of administrative misconduct. According to the article VIII of the UI’SU constitution, allegations such as this require that the alleged executive members be suspended by the SRC for 21 days. In contrast, this constitutional obligation which the Council is saddled with has not yet to carry, casting doubt on its true commitment to justice.

When asked about the reason behind the failure of Council to suspend the concerned executives during the Students’ Union Congress held on September 20, 2025, Shoge Quadri, the Speaker of the 12th Assembly, gave the Union Constitution a self-interpretation, claiming that the constitution does not state the Committee to carry out such constitutional obligation within the Council.

The case is still being handled by the Disciplinary Committee and the verdict, as of the time of filling this report, has not been reached. Situations like these suggest the need for the existence of the judiciary in the Union. The absence of a Judicial council means there is no formalized process to challenge critical issues that can only be addressed by the adjudication of the constitution. This deficiency threatens not only the integrity of the Union but also undermines students’ confidence in their representatives.

Meanwhile, several Nigerian tertiary institutions have institutionalized the judicial council within their student government. Notable examples include Obafemi Awolowo University (OAU), University of Nigeria (UNN), University of Ilorin (UNILORIN), Lagos State University (LASU) and among others.

For instance in 2022, the Judicial Council of Obafemi Awolowo Students’ Union was instrumental to the re-statement of the Speaker of the Great Ife Student’s Representative Council, Mr Ajadi Toheeb, after establishing that the resolution of the Congress of the Student Union birthing his suspension was unconstitutional, illegal and void. Similarly, in the case between Christopher Mbah and FABSA Electoral Commission, the University of Nigeria Students’ Union Judiciary ordered that the disqualification of Mr Mbah was null and void and that he should be included as a qualified candidate in the then forthcoming faculty elections. The Council also ordered that the commission should issue a public apology to Mr Mbah for violation of his right to fair hearing.

Testimonies from these institutions suggest that the presence of a judicial council significantly enhances transparency, addresses anomalies and inspires a culture of fairness and accountability within the student body. By modelling these tertiary institutions, the University of Ibadan can strengthen its student unionism, ensuring that fairness and accountability are not left to chance or external interference.

It is very pertinent that the UI’SU constitution be amended to include an independent judiciary, with clearly defined powers and functions. The necessity should be drawn from the maladies that exist in our Union, making the third arm a void that needs to be filled. Until then, critical cases which require being handled with fairness by the third arm of government, will remain prone to compromise at the detriment of the student community.