KWARKO YOUTH DEVELOPMENT ASSOCIATION (KYDA) CONSTITUTION ¬ 2011/2012 PREAMBLE We the origin of Kwarko Town, Gwaram L.G.A. Jigawa State having firmly and solemnly resolve to come together in unity and harmony. Recognising the need to consolidate ourselves into an active and progressive democratic body for the purpose of championing the cause of Kwarko Town youth within and outside the town. Conscious of our right and obligations a responsible, patriotic and law abiding citizens of Nigeria. Dedicated to work hard for the realisation of these aforementioned ideals as provided and regulated by the section of this K.Y.D.A. law. DO HEREBY MAKE ENACT AND GIVE TO OURSELVES THE FOLLOWING LAW. THE K.Y.D.A. LAW KWARKO YOUTH DEVELOPMENT ASSOCIATION, GWARAM L.G.A. JIGAWA STATE NIGERIA. MISSION AND VISION: PROMOTING AND MAINTENING PEACE & UNITY. HEADING OF THE DRAFT K.Y.D.A. LAW ARRANGEMENT OF THE SECTION ARTICLE ONE General Provisions 1. Short Title (Citation) and Application 2. Jurisdiction and Enforceability. ARTICLE TWO 3. Address Stake Holders 4. Grand Patron 5. Patrons 6. Legal Advisers. Membership 7. Ordinary and Honorary Membership. 8. Right and Privileges and Duties of Members. ARTICLE THREE 9. Fundamental Aims & Objectives ARTICLE FOUR The Structure Of The Association i. The composition of the executive body. ii. The function of the executive body. iii. The consultative/advisory body. 11. The Ward Representative Council (W.R.C) i. The composition of the W.R.C ii. Nomination/appointment of W.R.C members iii. The functions of W.R.C members 12. The Congress of K.Y.D.A i. The composition of the congress of K.Y.D.A ii. The power of the congress of K.Y.D.A ARTICLE FIVE 13. The Officers Of The Association And Their Respective Duties i. The establishment of the office of the Chairman of K.Y.D.A ii. The Chairman and his duties iii. Qualification 14. Vice Chairman i. Establishment of the office of Vice Chairman ii. The duties of the Vice Chairman iii. Qualification 15. Establishment of the office of sec. Gen. i. The duties of the sec. Gen. ii. Qualification 16. The assistant sec. Gen. and his duties i. Qualification 17. The Financial Sec. and his duties i. Qualification 18. The treasurer and his duties i. Qualification ARTICLE SIX Establishment Of Standing And Ad hock Committees 19. The Standing Committee 20. The Financial Committee Composition and duties of financial committee 21. The social or public committee and their duties 22. Audit Committee Composition and appointment of the committee and their duties. 23. The Office of the Auditor Gen. and his duty Qualification 24. Adhock Committee 25. The care taker committee Appointment Composition and membership Duties of the committee Duration of the committee 26. The Electoral Committee Membership of the committee Appointment and duties of the committee 27. Any other Committee that became necessary at a given period and circumstance can be appointed. ARTICLE SEVEN 28. Establishment of Meeting of the Association The executive council meeting. The minimum and periodic exco meeting. The conduct, charring and control of the exco meeting. The congress meeting. The control and chairing of the congress meeting. The frequency of the congress meetings. ARTICLE EIGHT The Code of Conduct Of The Association 29. The culture and ethnics of the Association accordingly. a. The list of expected conduct of officers and congress members of KYDA ARTICLE NINE Tenure of Office And Dissolutions 30. i. The tenure of office of the elected exco members ii. The tenure of the members of W.R.C of KYDA 31. Establishment of dissolution a. The dissolution of exco members. b. The dissolution of standing committees members ARTICLE TEN 34. The election of officers of the Association The election procedures 35. Eligibility and qualification of candidate (s) 36. The disqualification of candidate (s) ARTICLE ELEVEN Resignation And Impeachment 37. Resignation of officers of the association a. The procedures of resignation b. The conditions of resignation c. The approval of resignation 38. i. Establishment of impeachment ii. Impeachment of officer (s) of the association iii. Impeachment procedures. iv. The impeachment officer (s) ARTICLE TWELVE Finances of The Association 39 The financial activities of the association i. The account of the association ii. The signatories of the account of the association 40. i. The sources of income of the association ii. The expenditure of the association ARTICLE THIRTEEN 41. i. Political activities in the association ii. The right of members to participate in political activates of the association as well as Kwarko politics 42. Decision making and policy implementation in the association 43. The amendment procedures of the KYDA law 44. Official copies of KYDA law 45. Oath of office 46. The interpretation provision 47. RULES AND REGULATIONS The provision of the KYDA Law does not give room to any of its member to commit any illegal acts within or outside the community. Any member find in such situation shall be warned accordingly. Rejecting it, punishment shall be given as shown below: RULES AND PENALTY 1. Regular attending of meeting {Any member that become absent up to two times without genuine reason shall be charged an amount of (N100), inability to pay the money the person shall be suspended for one month or more and the person must pay (N500). Otherwise he shall be dismissed. In addition to that any absentees shall be charged an amount of (N50)}. 2. Avoiding side grouping when discussion is going on. {Any member found in side grouping shall be charged (N20)}. 3. Keeping secret. {Any member found disclosing any of the Association’s secrete shall be suspended for two weeks with a charge of (N500) i f not such a person shall be dismiss.} 4. Put a phone in silent. {Any ringing phone shall be charge an amount of (N20).} 5. Do not attend meeting with any political symbol {Any member found with any political symbols shall be charge (N200) otherwise the person shall be dismissed.} 6. No any member is allowed to use the image of the association for his own personal interest. Such as begging, fighting or causing etc. {Such person shall be dismiss} 7. Do not respond on respond {Any member that respond on respond shall be charge (N20).} 8. Raise up a finger when attempting to ask question. {Any comment, observation and questioning with out finger signal such person shall be charge an amount of (N20).} 9. Avoid late coming {Any dual let coming shall be charge (N30).} 10. Monthly contribution shall be paid regularly. As i. Employment (N300) ii. Unemployment (N100) {Inability to pay the monthly contribution will lead a person to be suspended and then pay the multiple amount otherwise the person shall be dismiss.} Applicant’s Name: ………………….. Date/Sign: …………….. THE KYDA LAW KWARKO YOUTH DEVELOPMENT ASSOCIATION (KYDA) ARRANGEMENT OF SECTIONS ARTICLE ONE GENERAL PROVISION SECTIONS 1. This document shall be cited as the KYDA. 2. The laws contain in this document shall be applicable in running the affairs of the Association. 3. KYDA Law shall be the supreme law applicable in all matters relating to the Association in Kwarko Town. ARTICLE TWO KWARKO YOUTH DEVELOPMENT ASSOCIATION 4. 1. ADDRESS: The address of the Association shall be the Kwarko youth development association 2. The motto of the association shall be: Peace and Unity 3. The mission and Vision of the Association shall be; Promoting and Maintaining Peace and Unity STAKE HOLDERS 5.1. There shall be a grand patron for the association who shall be the traditional rulers of the committee a. There shall be a patron for the association who shall have tenure of two (2) years as a patron after which the in coming Executive Council of the association can decide to re-nominate him or a new one shall be nominated. b. There shall be legal advisers for the association which number shall not be less than two and shall be the origin of the community. MEMBERSHIP 5. 2. The association shall have a dual membership 1. Student membership 2. Non student membership 3. There shall not be more than two confirmations of honorary members in the life span of any administration of the association. RIGHT, PRIVILEGES AND DUTIES OF MEMBERS 6. 1. All members of the association shall be entitled to all and equal rights and privileges of the association. 6. 2. Without prejudice to section 7 (i) above honorary members of the association shall have no voting rights. 7. The development and progress of this Association shall be the responsibility of every member of the association accordingly: 1. Every member shall abide by all the provisions in this KYDA Law, respect its ideals and principles, its institutions and legitimate authorities. 2. Every member shall attend the meeting of the association; help to enhance the power, prestige and good name of the association. 3. It shall be the duty of every member of the association to render assistance to appropriate and lawful committee (s) of the association on demand where necessary. 4. Every member shall respect the dignity right (s) and legitimate interest of other members, live in unity, harmony and in the spirit of common brotherhood. ARTICLE THREE 8. The association shall have the following objectives to Achieve: a. Protection of all the legitimate rights of all the community members b. Promotion of the lives of the community psychologically, academically, financially and socio-politically. c. Promotion and encouragement of unity in diversity among the people of Kwarko Town. d. Participate and engage in socio political and economic activities that will result in political and socio-economic empowerment of the association in Gwaram LGA. e. Notwithstanding the provision of subsection (d) above, the Association shall not participate in any activity, social or political that can lead to confrontation with the government, authority and or any deviant act against the authority or any law there form. f. Promoting and maintaining of family relation with the unreality and or all the constructed authority of the community. g. The promoting and maintaining of friendly relation with similar association and organisation within and outside the community. h. To serve as medium between the community local government and state government for the development of the community. i. To guarantee the members social educational and financial rights and privileges from the Local Government, State and Federal Government as at when due. ARTICLE FOUR THE STRUCTURE OF THE ASSOCIATION 9. The association shall have the following structures: 1. The Executive Body: There shall be for the association Executive Body herein referred to as the Executive Council of the association 2. The Executive council shall compose of all the elected officers of the association as enumerated under Article 5 of this law (Section 13(2). 3. The executive council shall perform the following functions: 1. Formulation and implementation of policies and programmes of the association. 2. Represent the members of the association in respect of issues relating to their rights, and privileges against the Local Government, State and Federal Government Authority and or the association in any matter that the association is to be represented. 3. Respect, comply and ensure the compliance of all members of the association with the provisions of this law. 4. Appoint all members of standing committees of the association in accordance with the provision of the law and nominate members of ad hock committees for the approval of the congress members. 5. Organise an orientation programme for the community members against drug abuse, political crises and other illegal act. 6. As the highest authority of the association, the council shall have the power to delegate such authority as at when and where necessary and practicable in accordance with the provisions of this law. Subject to the provisions of subsection (3)(h) hereunder, the exco shall have the right to initiate such laws that can fit in a particular circumstances (s) where the KYDA law did not provide any and there is need for it and the law (s) so initiated shall be considered as an addendum to the KYDA law. 7. Notwithstanding the provision of section 10(3)(g) above, the law(s) so initiated by the Executive Council shall have effect only: i. Within the jurisdiction of the KYDA LAW ii. Shall not be inconsistent with any law that is link to the government authority. iii. Shall have a civilizing and progressive effect on the union and the general KYDA and iv. Such law(s) shall be debated upon in a congress meeting and gain approval of two third majority members of the congress present in the meeting forming forum. THE CONSULTATIVE/ADVISORY BODY 10. The association shall have a consultative and or advisory body hereinafter referred to as the Ward Representative Council (W.R.C.) 1. The ward representative council shall consist of one member from each of the ward in the community who shall be permanent resident. 2. Representative council members shall be nominated by the members of the executive council in an executive council meeting selected for that purpose and the names of such nominees shall be presented to the congress in a congress meeting for the approval of members of the respective constituencies herein referred to as the ward of the nominees. 3. Where a nominated member of WRC is rejected by member(s) of his constituency, reasons shall be advanced for such a rejection. a. If genuine and convincing reasons are advanced to the satisfaction of two third majority of the congress members present in the meeting, such a nominee shall remain rejected and another member shall be nominated there and then by members of the constituency and approve by the exco. b. Where the rejection of the nomination of the nominee to the WRC does not get the acceptance of two third majority of congress as ain section 11 subsections (3) above, such as a nomination remain valid and the person so nominated shall be member of WRC by this provision. c. The chairman and secretary of the WRC shall be nominated by members of WRC after their inauguration. 4. The ward representative council shall perform the following functions: a. Be consulted on any major decision to be taken by the executive council on behalf of the association council. b. Shall certify all the aspiring candidates for an elective office of the association in a coming election and forward the names so certified to the electoral body and shall receive and treat election petition(s) when available. c. Shall advise the exco of the association on matters relating to the rights of several members and on members of a particular ward as well as the way forward of the association. d. The council shall perform such duties that might be assigned to it by the executive council of the association in accordance with the provision of this law. e. Individual members of WRC shall be the image makers of the association in their various constituencies shall receive all complains comments and suggestions for the association for the purpose of deliberating on them in the council and subsequent advice to the exco for necessary action. Notwithstanding the provision of section 12(2)(c) the WRC shall have the right to approve the nominees of an ad hock committees on behalf of the congress in an emergency situation and or where necessary (a) congress in an emergency situation and or where necessary. 11. The Body of Congress Members: There shall be body of congress of the association herein referred to as the congress members of KYDA. 1. The body of the congress shall compose of all individual members defined under section 6 subsection (1) of this law in a meeting recognized by the provision of this law. 2. The congress of the association shall have the following function: a. Deliberate upon any matter brought to it this should be shifted to start on the same line with others, b. Respect and abide by the provisions of this law. c. Shall approve the members of ad hock committees nominated by the Executive Council of the association by two-majority members present and forming forum. d. Shall have the right to call on the Chairman and or any other executive council member to account for the performance of the association in respect of his office and the entire executive council to account for their tenure in office. e. Shall respect and cooperate with the leadership in performing its legitimate functions. ARTICLE FIVE THE OFFICERS OF THE ASSOCIATION 12. 1. The association shall have elected officers herein referred to as the executive members of the association 2. The officers shall include” a. The Chairman b. The Vice Chairman c. The Secretary General d. The Assistant Secretary General e. The Treasurer f. The Public Relation Officer And g. The Financial Secretary A. THE CHAIRMAN 14. The office of the Chairman is hereby established by this provision. 1. The Chairman should be an indigene of the community. 2. The chairman of the association should be an N.C.E./N.D. holder or above. 3. The Chairman shall perform the following functions: a. To preside over all meeting of the association which he is part b. Coordinate the formulation and programmes, and officer of the association. c. Shall be an origin of the community. d. He shall be the principal signatory to the bank account of the association. e. He shall be the custodian of all the properties of the association. f. He shall have the right to delegate authority to any of the members of the executive council and or the ward representative council when and where necessary in accordance with the provision of this law, and the authority so delegated shall be within the capability of the person so assigned. g. He shall have the right to make decision(s) which is reasonably necessary on behalf and in the interest of the association. h. Shall administer the oath of office to the incoming executive members of the association. B. THE VICE CHAIRMAN 15. The office of the vice chairman of the association is by this provision established. 1. The vice chairman shall be an indigene of the community. 2. The vice Chairman of the association shall be an N.C.E./N.D. holder or above. 3. The vice chairman shall perform the following functions: a. Shall be the liaising officers that link the congress members with the executive council. b. Shall deputize for the chairman in his absence and assist him in performing all his duties when the need arises. c. Shall perform any other function that may be assigned to him/her by the president. C. THE SECRETARY GENERAL 16.1. The office of the secretary general of the association is hereby established. 2. The secretary general of the association shall have the same qualification mentioned in section 15 subsections (2) above. 3. Notwithstanding the provision of section 16 subsection (2) above, the secretary general of the association shall be of any gender male or female. 4. The secretary general shall perform the following functions: a. Shall be responsible for all correspondence(s) in and outside the association. b. Shall take minute of the all congress exco and or any joint meeting of the association. c. Shall in consultation with the chairman or vice chairman as the case may be summon all exco or congress meetings. d. Without prejudice to any provision of this law, the secretary general shall be the custodian of all documents of the association. e. Shall be a member of the community. f. Shall perform other duty that may be assigned to him by the chairman. D. THE ASSISTANT SECRETARY GENERAL 17.1. The office of the assistant secretary general of the association is hereby established. 2. The assistant secretary general shall have the qualification mentioned in section 16 subsection (2) and (3) above. 3. He shall perform the following functions: a. Shall assist the secretary general and deputized him in his absent. b. Shall perform any other duty assigned to him by the chairman and or the secretary general in accordance with the provision(s) of this law. E. THE FINANCIAL SECRETARY 18. 1. The office of the financial secretary of the association is hereby created. 2. The financial secretary shall have experience in financial dealings and or record of being trustworthy in financial dealings. 3. The financial secretary shall have the following functions: a. He shall be a co-signatory of the bank account of the association. b. Shall keep accurate records of income and the expenditure of the association. c. He shall make accurate reports of all income received and expenditure in arrived by the association at the expiration to which he is part. d. Shall be the chairman of the finance committee of the association. F. The Treasurer 19. 1. The office of the treasurer of the association is by this provision established. 2. The treasurer of the association shall qualify as indicated in section 18 subsection (2) above and shall perform the following functions: 1. Shall deposit all monies collected for the association into the association bank account within 72 hours. 2. Shall be a co-signatory to the association’s bank account. 3. Shall in conjunction with the financial secretary of the Association put all the financial records in order and shall present such record(s) on request of the audit of the committee, the exco and or the congress where necessary. 4. Shall keep an impress of not more than three thousand (N3,000) Naira only in case of emergency. 5. Perform any other function(s) that may be assigned to him by chairman in accordance with the provision of this law. G. THE PUBLIC RELATION OFFICER 20. 1. The office of the public relations officer of the association shall be an educated with good human relation. 2. The PRO shall perform the following functions: 1. Shall be the chairman of the social/publicity committee of the association. 2. Shall be responsible for the maintenance of good relationship between the association and the general public and resolve all intra and inter association . 3. Shall have the right to attend any committee meeting for the purpose of coordination between the committee and the exco of the association, but shall have no voting right in such a meeting, as he shall only be an observer. 4. Shall organise, with the approval of the exco of the association and social activities of the association. 5. Shall perform any other function as may be assign to him by the chairman. ARTICLE SIX STANDING AND ADHOCK COMMITTEES THE STANDING COMMITTEES 21. 1. The Standing Committees of the Association are hereby established as follows:- A. The finance Committee B. The Social and Publicity Committee C. The Audit Committee A. THE FINANCIAL COMMITTEE 22. 1. There shall be a finance Committee for the Association to be chaired by the Financial secretary of the Association and shall have not more than seven members. 2. The committee shall have the following functions:- 1. Initiate ways of creating money for the Association and advise the Executive council accordingly. 2. Recommend such ways in which the Association can have economic independent and participate actively to see that such recommended plans are actualise. 3. Shall be involved in regulating part of any activity of the Association that require financial commitment. 4. Shall organise solicitation of money for the association have required to so. 5. Shall perform to it by the executive council of the association. B. THE SOCIAL AND PUBLICITY COMMITTEE 23. 1. There shall be the social and publicity committee for the association which shall have the Public Relations Officers of the association as its chairman. 2. The membership of the committee shall cut across all the department of the institute and there shall be not more than seven members in the committee. 3. The committee shall performance the following: a. Shall organise and expedite all the social activities of the association. b. Shall be responsible for creating publicity for the association ensuring mutual co-existence and cohesion among members and encouraging members on the code of conduct of the association as well as the ethicate observed in the institute. c. Shall coordinate any possible educational activity of the association, orientation programme of new members and other similar activities. C. THE AUDIT COMMITTEE 24. 1. There shall be for the association an audit committee to be chaired by the auditor general of the association chairman. 2. The committee shall have not more than five members who shall be shown to be respectful and of proven integrity. 3. The committee shall have the following functions: a. Shall inspect and audit the account and all financial records of the association. b. Shall sworn into action as soon as it has reason to believe that there is a misappropriation of funds of the association and or the existence of fraudulent use of funds of the association by the exco member(s) as the circumstance may warrant. c. Shall prepare a financial report base on the financial records of the administration it served therein for presentation to the incoming executive council before it is dissolved. d. Shall bring to book any member of the association who is in anyway link to any financial malpractice in the association. THE AUDITOR GENERAL 25. 1. The office of the auditor general of the association is hereby established. 2. He shall be an educated person and or at least has spent three years in the institute as a student. 3. The auditor general shall perform the following functions: 1. He shall be the chairman of the audit committee of the association. 2. He shall have the right to summon any exco member, committee member or any member of the association as situation may demand to inquire in relation to financial matters in the association. 3. Shall have power to demand for any financial document of the association for inspection to assist him prepared and on update his, or the audit committee’s records. ADHOCK COMMITTEES 26. The ad hock committees of the association are hereby established as follows: 1. The caretaker committee. 2. The electoral committee 3. Other committees as situation demand. A CARETAKER COMMITTEE 27 .1. The caretaker committee of the association shall come to existence ONLY as a matter of necessity, where the executives’ council of the association cease to exist due to constitutional, moral or social political reasons. 2. Where the necessity for the Association caretaker committee arises, the ward representative council of the association shall assume such a position. 3. The caretaker committee shall operate within the jurisdiction of the executive council of the association for the period it lasted, which shall not exceed two weeks from which an electoral committee shall be formed for the conduct of a fresh election for the association within one week from the date of its formation. 4. The caretaker committee shall hand over power to the dully elected exco of the association not later one week after the election and shall be dissolved thereafter. B. ELECTORAL COMMITTEE 28.1. There shall be an electoral committee for the association to be referred to as KYDA independent electoral committee (KYDAIEC). 2. The membership of KYDAIEC shall be exclusive to members who are not executive not candidates of an election and those who are not serving under any committee of the association. 3. Nothing in the foregoing provision shall be constructed to mean that a member of (KYDAWRC) can be a member of (KYDAIEC). 4. The committee shall perform the following functions: a. Shall conduct elections of the association commence and conclude counting of votes immediately after the voting exercise in the presence of the candidate’s representatives or agents. b. Shall regulate the election process and ensure that all elections are free and fair. c. Shall declare result of the election immediately after counting and or in any case not later than twenty-four hours after the voting exercise. d. Shall conduct a bye-election when and where necessary within seven days after the election proper. e. Shall draw electoral guideline for the election and publicize same to members of the association least three days before the election takes place. f. Shall have the right to disqualify any candidate who does not comply with the guideline or rules and regulations guiding the election and or who does not qualify for the post he aspires for as required by this law. C. ANY OTHER COMMITTEE AS SITUATION DEMAND 29 . 1. The executive council of the association shall have the right to form any other committee(s) for the purpose of carrying out certain functions that has not been foreshadowed by this law but which is necessary at the circumstances. 2. Except as otherwise provided in this law, no committee of the association shall have more than seven members. 3. Notwithstanding anything to the contrary but subject to the provision of section 11 subsection (2) of this law, all committee members of the association shall be nominated by the congress in a congress meeting. 4. Subject to the provisions of sections 18 subsection (3) (d) 20subsections (4) (a) and 25 subsections (5) (a) of this law. The head of every committee of the association shall be so declared by the chairman of the association with the advice of the ward representative council, while the secretary of every committee shall be nominated by members of the committee in the committee’s first sitting. 5. All standing committees of the association shall have the life span equal to that of the administration they are serving under, while all ad hock committees are, subject to the provision of this law, to have a life span equal to the period enough for them to conclude their individual assignments and submit reports to that effect. ARTICLE SEVEN MEETINGS OF THE ASSOCIATION 30. 1. There shall be the following meetings for the association: 1. The executive council meeting. 2. The ward representative council meeting. 3. The joint WRC/Exco meting and ‘the congress meetings 4. The committee meetings 2. The executive council meeting shall be convene on the instruction of the Association who shall chair the meeting or in his absence but on his instruction, the meeting shall be chaired by the vice chairman or the secretary general or any other exco member he so authorised. B. THE WARD MEETING 3. The meeting of the ward representative council is to be summoned by the chairman of the council or by any member of the council the chairman so authorised to chair the meeting to deliberate: a. Upon any matter brought to the council and make necessary recommendation to the exco of the association. b. On issues to do with the election or any problem emanated there from (it is a one word) which is formally brought to council. C. JOINT WRC AND EXCO MEETING 4. The joint WRC and exco meeting is to be summoned by the chairman of the meeting in which burning issues to do with the ward is to be discussed and or for the purpose of appointing a constituted authority for the association. D. CONGRESS MEETING 5. The congress meeting of the association shall take place not less than once in every three weeks to be summoned by the president through the secretary general or the public relations officer of the association. a. The president shall preside over the meeting and shall have the authority to nominate a member who is to talk during deliberation on an issue on the floor of the congress house. b. A decision shall be reached during a congress meeting by simple majority votes of members present where there are two conflicting opinions. E. COMMITTEE MEETING 6. All meetings of the committees unless the committee is meeting with the exco, such a meeting shall be summoned and presided over by the head of the committee or in his absence but with his authority the secretary of the committees shall not preside over and a decision is reached by simple majority of the members present forming a forum. ARTICLE EIGHT CODE OF CONDUCT OF THE ASSOCIATION 31. 1. The following code of conduct shall be observed by every member of the association. 2. Every member of the association shall be obedient and respect all the rules and regulations guiding the institute of education as well as any other law is link to the community. 3. Every member of the association shall be seen to be an agent of promoting peace within and outside the association and shall be an ambassador of the association wherever he is. 4. Every member of the association shall observed the code of conduct enshrined under section 52 subsections (1) to (5) of the constitution of this association. 5. Any disobedience to the provision of this section shall attract punishment commensurate to such disobedience. ARTICLE NINE TENURE OF OFFICE AND DISSOLUTION 32.1. The tenure of office of all elected officers of the association, standing committees and or the ward representative council shall be two years ormore. 2. Without prejudice to the above subsection and subject to the provision of this law the ward representative of caretaker committee when necessary. DISSOLUTION 33. 1. The following dissolutions is hereby established in the association. 1. The dissolution of committees 2. The dissolution of WRC 3. The dissolution of executive council. 2. All standing committees of the association shall be dissolved by the chairman of the administration they served there under who shall so pronounced after every individual committees report to the chairman in a meeting summoned for the purpose. 3. The Ward representative council shall be dissolved by the executive chairman of the association on the inauguration day of the new exco. 4. The dissolution of the executive council shall be done by the outgoing chairman on inauguration day of the new executive council immediately the president has heads his final speech and handover to the incoming chairman of the association. a. The agenda of the ceremony shall be arranged in such a way that the speech of the outgoing chairman and the handling over will be performed immediately after the swearing in of the new exco which is to be administered by the outgoing president. b. The outgoing executive council shall then be declared dissolved by the outgoing chairman and this shall be followed by the inaugural speech of the incoming, chairman of the association then other items of the agenda can follow. 5. Individual ad hock committees are to be dissolved by the chairman of the association immediately the committee concludes its assignment and submits its report. Unless where the chairman has reason to extend the life span of the committee. ARTICLES TEN ELECTIONS OF THE ASSOCIATION 34. 1. It shall be at the joint discretion of the serving executive council members and the members of the ward representative council of the association to decide whether it is election or nomination shall take place in the interest of peace progress and or development of the association. 2. Where a decision has been reached to nominate others for the association instead of electing them, the officers so nominated shall be seen to posses all the qualities required as may be required and codified under this law and 1. The nomination shall be conducted by the congress in a congress meeting summoned for that purpose. 2. The executive council shall draw the guideline for the nomination read out to the congress members present and coordinate the process. Where a serving exco member has been nominated and he is interested to serve the association in the capacity he has been nominated for, he shall relinquish his current position and assume the new one unless if it can be that he has qualified for the post by virtue of the provision(s) of this law. 3. Where however a decision has been reached that election shall be conducted, then an electoral committee shall be formed in accordance with the provision of this law and the committee shall have its terms of reference derived from section 28 subsection (4) (a) to (g) of this law. ELIGIBILITY AND QUALIFICATIONS OF CANDIDATES 35. 1. Every member defined under section 6 subsection (1) of this law shall be eligible to vote and be voted for. 2. Notwithstanding the provision of section 35 subsection (1) above, all aspiring candidates for any election in the association shall have such qualification as codified in this law each of the elective office to be contested for by the aspirant. 3. Without prejudice to any provision of this law, aspiring candidates for the post of chairman, vice chairman, secretary general, and the public relation officer of the association shall be. 1. People of proven integrity, transparent honest, ability to lead and highly experienced. 2. People with clean records morally, financially and shall be sociable and eloquent. Shall be shown to be the true representatives of the association within and outside the institute, and who shall truly represent and fight for the rights of members at the community of the association. DISQUALIFICATION OF CANDIDATE(S) 36. 1. Candidate(s) for the election of the association shall be disqualified if: 1. In the opinion of the electoral committee the candidate has not qualified for the post he is aspiring for as required by the provision of this law. 2. If he violate the rules and regulations guiding the election. 3. Where the candidates attempt to use physical violence to intimidate his opponent(s) and or electoral committee member. 2. Nothing in this section or any part of the law shall qualify a member of electoral committee. Executive council and or ward representative council to contest for an election in the association save where the cases to serve in such an official capacity at least seven in such an official capacity at least seven days before the election. ARTICLE ELEVEN RESIGNATION AND IMPEACHMENT OF OFFICERS 37. 1. Every officer of the association shall have the right to resign from the post he was elected and or nominated for if he has convincing reason(s) to so act. 2. A resignee of the association shall write a formal letter to that effect to the executive council through the chairman stating his reasons. 3. Once the letter is received and endorsed by the chairman, the officer concern shall automatically cease to be an officer of the association as his post shall be declared vacant by the Chairman and or his representative in authority accordingly. 1. The resignee shall handover all documents, monies and or any property of the in his possession to the Chairman of the association within forty eight hours of his resignation. 2. Where the resignee is the Chairman of the association act accordingly and handover to the next person in command in the association. 3. Where the entire exco members resigned unblock all the executive handover shall act according and handover to the Ward representative council members who would assume the position and jurisdiction of a caretaker committee of the association and act accordance to the provisions of this law. IMPEACHMENT 38. 1. The impeachment of any officer of the association hereby established. 2. An officer of the association shall stand impeached when: 1. He is found to be of dubious character resulting to jeopardizing the good image of the association. 2. He is found to have committed gross misconduct as defined under the interpretation section of this law and 3. When the congress members through the members of the ward representative council passed a vote of no confidence on him. 3. For subsection (2)(c) of this section above, members of the congress shall forward a formal letter to that effect to the executive council through the ward representative council of the association stating the reasons(s) for their so acting and the letter so written shall be signed by two third members present and documented on the attendance list of the meeting where the decision was taken. 4. For subsection (2)(a) and (b) of this section, a committee of capable neutral and honest people in the opinion of the officers so allegated shall be set from amongst the congress members in a congress meeting to investigate the allegation and submit its report within seven days and a. The recommendations of the committee shall lead and shape the decision in a congress meeting, whether or not the officer(s) in question is to be impeached. 5. Where conflicting views surface on the floor of the meeting, voting shall be resort to and a decision shall be made by simple majority votes of the members present. 6. Notwithstanding anything to the contr ary in this law, but subject to section 38 subsection (3). Above, where the chairman of the association is impeached, the entire members of the executive council shall be considered impeached, and the ward representative council shall take over as the caretaker committee of the Association. ARTICLE TWELVE FINANCIALS OF THE ASSOCIATION THE ACCOUNT(S) OF THE ASSOCIATION 39. 1. There shall be specific bank account(s) for the Association where the monies will be kept. 2. The chairman, the financial secretary and the treasurer of the Association shall be the signatories of the account(s). 3. Where there is a change of administration of the association the signatories of the incoming executive council members shall in consultation with the signatories of the outgoing exco member effect the changes of signatories of the accounts(s) of the association not better than two weeks after the swearing in of the new exco members. 4. Without prejudice to section 39 subsection (3) above, where the change of administration of the association is the one in which the outgoing administration is to give way to a caretaker committee. There shall be no changes of signatories: accordingly 1. The outgoing signatories shall be stop from withdrawing any money from the association account by the chairman of the caretaker committee through the bank managers(s) of the bank(s) till the new exco assume office. 2. The finance committee of the Association shall source money for the running of the Association for the period the caretaker committee will last. SOURCES OF INCOME AND EXPENDITURE OF THE ASSOCIATION INCOME OF THE ASSOCIATION 1. The Association shall have the following sources of income: a. Solicitation: The association have the right to solicit for money through its member and or finance committee of the association. b. Fund Raising: The association shall have the right to undertake fund raising such as book lunching, launching of journal(s) etc in order to source money. c. The Association shall have the right to engage in many legitimate businesses that can yield profit to the association. EXPENDITURES OF THE ASSOCIATION 2. The association shall insure the following expenditure: a. Funding of all the existing committees when the need arises. b. Funding of all activities of the association as may be required. c. Buying assets herein after to as properties for the association. d. Organise a loan scheme for the members of the association. e. Insure all such expenses as may be necessary from time in the interest of the association. ARTICLE THIRTEEN SPECIAL PROVISIONS POLITICAL JURISDICTION OF THE ASSOCIATION a. Every member of the Association shall have the right to participate in the community politics but as he does so he shall make his intention known to the congress and solicits for the support where necessary. b. Every member shall have the right to support or not to support any political activity the association may participate, including the candidate of any members of the association. c. The participation on otherwise of the association in any political activity shall be at the discretion of the executive council of the association in compliance with provisions of this law. DECISION MAKING AND POLICY IMPLEMENTATION 40. 1. Except otherwise provided in this law, all decisions of the association are to be made by the executive council and or where any question is proposed for decision in a congress meeting such a decision shall be determined by the simple majority of the members present and voting. 2. Except where power to implement is delegated to a certain person or constituted authority of the association by the chairman the implementation of all policies of the association shall be the responsibility of the executive council of the association. AMENDMENT OF KYDA LAW 41. The amendment of this law on part of it shall be done though the procedures recognised by the law accordingly: i. A written motion for the amendment of the law or any part thereof shall be submitted to the executive council of the association who shall deliberate upon it in a joint meeting with the ward representative council of the association. Summoned for the purpose. ii. The said motion in subsection (1) of this section shall contain all the alleged lapses of the law and the proposed amendment(s). iii. Where the resolution of the meeting in subsection (1) above has confirm the truth and reasonability of the alleged lapses contain in the written motion and accept the need for the amendment so required a committee shall be constituted from among the congress members before the end of that meeting. 1. The membership of the committee shall not exceed five (5) members. 2. The law under review shall stand suspended depending on when the review committee will complete its assignment and 3. While the law under review remains suspended, the constitution of the association shall be so considered. OFFICIAL COPIES OF THE KYDA LAW 42. 1. The association shall have official copies of the KYDA law hereafter referred to as security copies. 2. The official shall be presented to the officer recognised by this law as follows: 1. The office of the chief security of the state. 2. The office of the HOD community director of supply and club. 3. The office of the chairman KYDA OATH OF OFFICE 43. Every office of the association shall on assuming office take an oath of allegiance is provided under appendix I of this law. Accordingly: i. The oath of office of the incoming executive council members shall be administered by the outgoing chairman of the association and or his representative in authority. ii. The oath of office of all community members, members of the Ward Representative Council and or any other constituted authority of the association shall be administered by the serving chairman of the association or his representative. ARTICLE FOURTEEN INTERPRETATION PROVISION In this law except as the content otherwise requires or expressly provides: Authority Include any legitimate power recognize by this law Appointment Include a person chosen to discharge certain duty on responsibility in the association Bye Election Include subsequent election(s) after general election of the association Congress The collection of individual ordinary members of the association meeting Constitution Means the viewed constitution of the KYDA Constituted authority Means the structure or authority recognised under this law Decision Include the resolution and consensus opinion of exco congress meeting of any meeting of the association Dissolution Include the expiration of tenure of office Ward WRC Means the ward representative council Disqualification Include the discretion of the electoral committee of the association to bear any aspirant whose conduct, utterances and or disposition is not consistent with the electoral and or KYDA laws from contesting election Document Includes all record books of the association minutes of meetings, duplicate copies of all correspondents purifications, all stationers and related items of the Association. Election Means the process of choosing person or group of persons for a position through voting exercise and or nomination. Emergency Include matter of necessary relating to the association. Function Include power and duty Financial member Means a member of the association who pays his dues regularly to the association as required by KYDA law. Gross misconduct Means dishonest, corrupt, fraudulent, and inefficient on incapable of satisfying the requirement of an office in the association. He Means he or she His Means his, she/her Institute Means the institute of administrate. Legitimate Includes any action, activity, and function on power recognized by the provision of this law. Member An ordinary members of the Association as used in section 6 subsection (1) of this law. Officers Includes elected persons into the various executives and or representative council Office When used with reference to the validity of an election means any office the appointment of which is by election under this law. Proven integrity Means a person with the quality of being honest and having strong moral principles. Provision Means the provisions of KYDA law Power Includes function and duty Quorum When used in relation to participation of members in meeting. The/this law Means KYDA law The/this association Means the Kwarko youth development association. Tenure Means the period, which the officers of the Association hold office. KYDA Kwarko Youth development association Vacant post Include un occupied officer by ream of impeachment resignation, death or operation of law Voting right Include voting and being voted for. APPENDIX I OATHS OF ALLEGIANCE Oath Of The Members Of The Executive Council I ………………………………………………………… do solemnly swear that I will be faithful and bear true allegiance to the KYDA that as the Chairman/Vice Chairman/Secretary General/Assistant Secretary General/Financial Secretary/Treasurer/Public Relation Officer of the KYDA. I will discharged my duties to the best of my ability and faithful in accordance with the provision. KYDA and always in the best interest of the association; that I will strive hard to preserve the fundamental aims and objectives of association as provided in the law; that I will not allow my personal interest to influence my official conduct or my official decisions and that I will, to the best of my ability preserve, protect and defend the provision of KYDA law; that I will devote myself to the service unity and well being of the entire members of the KYDA, SO HELP ME GOD. CHAIRMAN COMMENT AND ENDORSEMENT MEMBERS OF THE KYDA LAW DRAFTING COMMITTEE. 1. IDRIS KAILA - - - - CHAIRMAN 2. AUWALU MADAKI - - - - VICE-CHAIRMAN 3. SANI SABO - - - - - SECRETARY 4. SUNUSI SALEH- - - - - MEMBER
Posted on: Mon, 02 Sep 2013 19:56:34 +0000
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