The Old Aguata Union Constitution Amendment
The Old Aguata Union Constitution Amendment
The Old Aguata Union Constitution Amendment
CONSTITUTION
OF
It is in the light of this that we, the citizens of towns in Old Aguata Local
Government Area of Anambra State doing business in Auto Spare Parts and
Machinery Dealers Association do hereby enact and give unto ourselves this
constitution.
CITATION
1.1 NAME
The union shall be known and called Old Aguata Union (OAU) in ASPMDA,
Lagos.
1.2 MOTTO/SLOGAN
The motto of the Union shall be – United we stand in English
1.4 SUPREMACY
a. The constitution shall be supreme in resolving every conflict amongst
members and shall be supreme to the by-laws of the youth wing in any
of the provision of their by-laws that is inconsistent with the provisions
of this constitution.
b. Shall be the highest decision making organ of the Union in all matters.
ARTICLE TWO
2.1 COMPOSITION OF OAU: The Old Aguata Union (OAU) are made up of four
constituencies that represents the Old Aguata Union at the State House of
Assembly, Anambra State, namely;
a. Aguata Constituency 2
b. Orumba South Constituency
c. Aguata Constituency 1
d. Orumba North Constituency
2.2 These four constituencies shall be regarded and known as the four cardinal
pillars that constitute the body called Old Aguata Union (OAU) ASPMDA.
ARTICLE THREE
ARTICLE FOUR
i. Surrender all his books and records for auditing when required.
j. Financial Sec. shall present financial report at the end of their
tenure.
The provision of article 4 sub-section 2.6b, c and d apply with all the
necessary changes (mutatis mutandis) here.
ARTICLE FIVE
5.1.1 An officer shall hold office for a single term of four (4) years.
5.1.2 An officer who has served in an office shall be eligible to serve in any
other office other than the one he has served.
5.2 ELECTION/ELECTORAL GUIDELINES
5.2.1 ELIGIBILITY
5.2.2 All financially up-to-date members are eligible to vote and be voted for,
subject to any other provisions of this constitution.
5.2.3 A member aspiring for any post must have stayed or been a member of
the Union for up to three (3) years.
1. The President before the end of his tenure shall summon or convene a
general meeting, where electoral committee members are to be appointed.
2. There shall be seven (7) man electoral committee members.
3. The electoral committee members are to be appointed by the executive
council and be ratified by the general house in a well constituted general
meeting.
4. All interested candidates shall pick a form, which shall be filled and
returned to the electoral committee at least one month before the
election.
5. Any member indebted to the Union shall not vote or be voted for.
6. The members of the electoral committee shall not be allowed to cast their
votes except in a situation where there is a tie vote then they can vote to
decide the winner.
7. Enlargement of officers and/or by-election to fill vacant office must be
done in a well constituted General Meeting of the Union.
8. The mode of election at any time shall be open secret balloting.
9. On no account shall any person(s) or group(s) take over the government of
the Union through any means other than those stipulated by the
constitution. Such exercise shall be a nullity and any government that
emerges from such shall be an illegal government.
5.4 ADDENDUM
5.5.1 An officer shall be removed from office for any of the following:
5.5.2 PROCEDURE
6.3 QUORUM
6.3.1 The Quorum for the General Meetings shall be 50 members including
President or his Asst., Sec. or his Asst., and any other Executive
member(s).
The venue for the meetings of the Union including General, emergency and
Executive meetings shall be determined by the Executive provided such
venue is convenient to most members and made known to members
before the meeting.
6:5 AGENDA
The President in consultation with the Secretary shall prepare agenda for
Executive and general and emergency meetings.
ARTICLE 7 – FINANCE
7.1 SOURCE OF FUND
7.1.1 Enrolment fees
7.1.2 Annual dues and contributions
7.1.3 Levies and fines
7.1.4 Donations, gifts and grants
7.1.5 Interest from investments, rents from properties, loyalties, dividends,
etc.
7.1.6 Sale of properties e.g land, equipment
7.1.7 Fund-raising activities
7.1.8 Loans and advances
7.1.9 Each member shall pay annual dues of Two Thousand, Four Hundred
naira (N2,400).
7.2 BANKING
7.2.1 The Union shall maintain savings and/or current account(s) with any
reputable bank(s) as may be approved by the General meeting on the
recommendation of Executive council.
7.2.2 President, Financial Secretary and Treasurer, shall be the official
signatories to the Union’s account(s).
7.2.3 The President and any one (1) of the signatories shall constitute a valid
mandate for the operation of the account, with the President as the
confirming signatory.
7.2.4 All payments by or on behalf of the Union must be made through
payment vouchers which must be endorsed by the President after
approval by the Executives and/or General meeting.
7.2.5 All incomes must be receipted for.
7.2.6 All advances and/or impress account must be accounted for.
7.3 AUDITORS
7.3.1 The Union shall appoint internal auditors every four (4) years to audit the
books and account of the outgoing executives.
7.3.2 Preferable auditors shall be appointed at the first meeting of that
particular year.
7.3.3 The Union financial year shall be from 1st January to 31st December of
each year.
7.4 TRUSTEES
7.4.1 The Trustees of the Union shall be known and addressed as THE
REGISTERED TRUSTEES OF OLD AGUATA UNION, ASPMDA, TRADE FAIR,
LAGOS here-in-after referred to as TRUSTEES. The members shall be of
good character and behavior and must have been a member of the
Union for not less than ten (10) years.
7.4.2
a. The Trustees shall consist of:
i. The President
ii. The Secretary
iii. Seven (7) eminent members of the Union between the age of
40years and 70years
b. The seven eminent members shall be permanent members of the Trustees
while the incumbent holders of the office of President and Secretary shall
be members of the Trustees only for the period of their tenure of office.
c. The seven permanent members of the Trustees shall be appointed by the
Executive council and ratified by the general house.
d. The seven permanent members of the trustees shall be appointed from the
four (4) constituent zones of the Union.
e. The President shall appoint the remaining trustee members in consultation
with the Executive council.
f. The Trustees are to elect among the seven permanent members, the
Chairman and Secretary of the Trustees under the supervision of the
Union’s President and Secretary.
7.4.3 a. The Trustees shall have the power to hold in trust for the Union, all
properties, parcel(s) of land belonging to the Union and to hold in trust any
land or property on behalf of the Union subject to the approval by the
general meeting and such conditions as may be imposed by the Corporate
Affairs Commission.
b. The Trustees shall be responsible for executing all deed and signing all
agreement and other important documents on behalf of the Union.
7.4.4 All documents to be executed by the Trustees must be signed by at least
seven (7) members and sealed with the Unions seal.
7.4.5 A member of the Trustees shall continue to serve unless he:
a. Retires voluntarily
b. Loses membership of the Union
c. Resigns his membership of the Union
d. Becomes insane as certified by a medical practitioner
e. Is above the age of seventy (70) years
f. Is officially declared bankrupt
g. Is removed by the general meeting or on recommendation of both the
Trustees and Executive on any ground of misconduct.
h. Is convicted of a criminal offence by court of competent jurisdiction.
i. (For office holders) if the tenure has elapsed or he is removed from office
or he resigned from office.
j. Have served for fifteen (15) years.
7.4.6 a. In the event of vacancy occurring in the Trustees, the general meeting
shall appoint a replacement on recommendation of Executives.
b. In the event of (a) above, the replacement shall be on merit.
ARTICLE 8 – WELFARE AND SOCIAL ACTIVITIES
8.1 WEDDING
8.1.1 The youth wing of the Union shall be responsible for the collection of
wedding levy from their registered member(s).
8.1.2 The youth wing of the Union shall have the sole responsibility to attend
the member’s wedding and present wedding gifts to the member at the
wedding reception.
8.1.3 The youth Chairman shall make sure that the member who is wedding is
not indebted to the Union before acceptance of wedding invitation card.
8.1.4 The member who is wedding must belong to both Union and youth wing.
8.1.5 Members shall be encouraged to attend but the youth wing of the Union
shall mandate two members to represent the Union, if the wedding is
holding outside Lagos State.
8.1.6 The member has the right to request for some members to assist him in
organizing the wedding.
8.1.7 A wedding levy of N1,000 shall be paid by each member of the youth.
8.1.8 The youth wing of the Union shall represent such a member with a
cheque or cash gift of One Hundred Thousand Naira Only (N100,000).
h. The Union shall provide for, drinks and other refreshments for members
during the wake-keep.
8.3.3 FUNERAL
a. The Union shall through the member town be represented during the
funeral ceremony in the village. Two (2) members shall be appointed.
b. In case of a deceased member, a condolence purse of N50,000 shall be
given to the bereaved family. Out of this, N10,000 will be presented in the
village while the balance shall be given to the wife or the next of kin in
Lagos.
ARTICLE 9
9.1 CODE OF CONDUCT – FOR ALL MEMBERS
Every member of the Union shall:
9.1.1 There shall be peace and Disciplinary Committee, consisting of seven (7)
members appointed by the president and ratified the executive council.
9.1.2 Conduct, behave, and comport himself in a manner that will portray him as
a true ambassador and representative of the Union.
9.1.3 Refrain from any act(s) capable of demeaning, tarnishing or daunting the
good image and reputation of the Union.
9.1.4 Refrain from any act capable of bringing disunity, division, mistrust,
suspicion, lack of confidence and sectionalism amongst members of the
Union.
9.1.5 Any breach of the code of conduct constitutes a very serious offence and
shall be referred to the Disciplinary Committee.
9.1.6 The Disciplinary Committee shall recommend punishment suitable for
every misconduct(s), and shall advice the executive council accordingly.
ARTICLE 10
10.1 DISCIPLINE
2b. Special fines shall be imposed by the president or the presiding officer
for extra-ordinary noise making.
6a. The Union abhors completely any criminal acts such as murder,
kidnapping, armed robbery, abominable acts, Arson, rape, considered
to be a taboo in our society and area.
6b. Any such act(s) shall be referred or handed over to the appropriate
authority to handle as the Union lacks jurisdiction over such matters.
10.2.1 The Union shall always seek and promote amiable resolutions to any
conflicts, disputes or quarrels between or among members.
10.2.3 Subject to 10:2:1 above, such act shall be reported to the Union for
proper action.
ARTICLE 11 – MISCELLANEOUS
a. If a member is having serious financial and /or health problems and requests
for assistance from the Union, the Union can assist such a member on
recommendation of Executives and approved by the general meeting. The
request can be written or oral.
a. Every member of the Union must have a well-known and verifiable means of
livelihood.
b. Any member whose means of livelihood cannot be verified, stands the risk of
losing his membership of the Union.
c. In the event of (b) above occurring, the decision shall be taken by the
General meeting on the recommendation of the Executive.
11.3 UNION SEAL
a. The Union shall have a common seal.
b. The seal shall be kept in the custody of the Secretary of the Union.
c. The Secretary shall produce the seal as and when required for use.
11.4 INDEPENDENCE
The Union shall always encourage oneness, togetherness and freedom of
association. Therefore, any group(s) or town(s) that wish to be independent
shall be allowed but under proper negotiation(s) and agreement.
a. They are to write a letter to the Union indicating their interest to exit
the Union and the letter must be signed by all the members of
Trustees, patron(s) and grand Patron(s) representing their constituent
zone(s).
b. The letter shall state their reasons and grievances that warrant their
decision to exit from the union.
c. The Union after acknowledging their letter shall summon for Executive
council meeting where the matter will be extensively discussed in order
to resolve any grievances that might have prompted their agitation to
exit the Union.
d. In the event where the executive council failed to resolve the
differences, the Union will resort to a referendum to determine the
popularity of the agitation.
e. Any member(s) indebted to the Union shall not be allowed to vote in
the referendum.
ARTICLE 12 – AMENDMENT, REVIEW OF THE CONSTITUTION AND DISSOLUTION
12.1 AMENDMENT
a. The Union reserves the right to alter, vary, amend or delete any sub
section(s), section(s) or article(s) of this constitution.
b. Any proposed amendment(s) shall be read to the general meeting whose
duty it is either to approve, reject or modify the amendment in the next
general meeting of the Union.
c. When the general meeting considers and approves the proposed
amendment or as modified with a 2/3 (two-third) majority votes in a
constituted general meeting, the affected portions stand(s) amended as
proposed or modified.
12.2 REVIEW
12.2.1 Without prejudice to section 12.1(a) above, the Union reserves the right
to appoint a Constitution Review panel when the need arises to review
the entire constitution, up-date it and make it be in line with what is
obtainable at that time.
12.2.2 The reviewed constitution shall be read to the general meeting for once
provided the Executives have gone through the reviewed constitution.
12.2.3 The recommendations of the Constitution Review panel shall be subject
to the approval by the general meetings on recommendation by
Executive with a 2/3 (two-third) majority votes in a well constituted
general meeting.
12.3 THE PRINCIPLE OF ZONING
12.3.1 The Presidential position of the Union shall be made to rotate among the
four (4) constituent zones of the Union.
12.3.2 In a situation whereby other members of the Union are not interested or
does not have a competent person to contest for the position of the
President, any other interested constituency can contest for the office.
12.3.3 The Elective positions to any ASPMDA office shall not be zoned to any
constituent zone or part of the Union, but shall be by contest and
popularity.
12.3.4 Whereas the elective offices in ASPMDA shall not be zoned, the executive
representations and appointments to ASPMDA offices shall at all times be
zoned to the four constituent zones of the Union.
12.4 DISSOLUTION
12.4.1 Any decision to dissolve and liquidate the Union as a body must be
approved by at least 2/3 (two-third) of the registered members in a
well-constituted general meeting organized for that purpose.
12.4.2 In the event of the dissolution taking place, a committee will be set up
to join the Trustees to act as liquidators to liquidate and wind up the
Union.
12.4.3 In liquidating the Union, all assets and liabilities of the Union shall be
shared equally among all financially up-to-date members.
ARTICLE 13 – REVIEW, ADOPTION AND EFFECTIVE DATE @ 2024
This constitution was reviewed, adopted and comes into effect
this……………………………………………………day of…………………………………………………………
in the year of Our Lord 2024.
………………………………….. ……………………………………….
Chief Patrick O. Umerioha Nze Ikechukwu Okafor
(OAU) President (OAU) Secretary General
For and on behalf of Old Aguata Union (OAU) in Auto Spare Parts and Machinery
Dealers Association (ASPMDA), Trade Fair Complex, Ojo, Lagos.
APPENDIX
CONSTITUTION DRAFTING COMMITTEE
1. Mr. Ezennia Patrick - Chairman
2. Mr. Okeke Sunday S. - Secretary
3. Mr. Okonkwo Godwin - Member
4. Mr. Ezeokafor Anthony - Member
5. Mr. Mbadugha P. C. - Member
6. Mr. Ejike Nnebedum - Member
7. Mr.Okafor Chike - Member