There has been rampant rumors and controversies on a particular provision in the Law Students’ Union (LSU) Constitution which gives mandate to students that satisfy the said provision to assay and vie for the position as the LSU President. Today we (Ask Eks news) will quota our time and elaborate further on what we assume each provision can best mean.
According to chapter three of the LSU constitution, article 13(1) which establish the portfolio of the LSU president and other positions which can be contested by only law students. It should be known that membership of the LSU is by admission into the law faculty.
Under the same chapter three, article 14(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11) outlines some of the functions, duties and requirement of an LSU president. We will focus on the requirements, we would want to plummet deep onarticle 14(11) of the LSU constitution.
According article 14(11) An LSU president must have spent at least three Academic Sessions in the Faculty of Law.
This said provision seems to be ambiguous as the term “academic session” seems to mean two things to most of the students, majority claims that the term “academic session” means three academic years whilst other’s claim the term means three academic semesters.
Furthermore, though the constitution under chapter nine of the LSU constitution has postulate some interpretations to some of the terms that may seem ambiguous to many. Article 37(4) explains what an academic session means, made further emphases.
The term “successful Academic session” means satisfying the requirements of the Faculty Board and being promoted to the next class/level without carrying over any course from the previous class. With reference to the above postulated interpretations, successful academic session simply means an aspirant for LSU presidency must satisfy the requirement of the faculty board, though such requirements of the faculty board are not known, but the provision made further elaboration that the said aspirant must have been promoted to the next class/level without carrying over any course from the Precious class.
Therefore, from the given interpretations it can be assumed that the said requirements stated under chapter 3, article 14(11) which provides that an aspirant must have satisfy three academic sessions, which article 37(4) has further given an interpretation that, with the successful three academic sessions the same aspirant must have been in a transitional period. Thus being promoted from his or her previous class to a different class or level. If that’s the case then the said term academic sessions cannot mean academic semester since there will be no existence of promotion from one class to the other under three academic semesters thus at that particular moment a student might be in a period of moving to a different semester in the same class but not a different class. E.g., where one has been admitted as a level 100 student, three academic semesters will place such a person in level 200 first semester which he or she won’t be in a transitional period. In addition, if so, as purported in the above statement is true, then this provision (article 14(11) and 37(4)) would violate the rights of law students who are admitted into level 200 as first-degree holders.
Such students will satisfy the three academic years (successful academic session) when they are in their final year and will not be able to hold any office since three
academic years will place them in level 400 second semester, and in their transitional period would only work when such student is been promoted to level 500, which is impossible under the LLB program.
Other students have raised their concerns on the fact that where an interpretation is given to mean that three academic session means three semesters then this would mandate level 200 students who might have not been matured enough in-law to hold LSU position as president.
Either an amendment of the constitution or a proper interpretation should be given by the judicial council (Court).
Although the LSU constitution provided an institution which is responsible for such interpretations but as at today that institution does not exist and the constitution was silent on a situation where the institution isn’t
available. Therefore, since the LSU falls under the SRC Judicial Council, they will be the only appropriate body to give a proper interpretation.