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The Old Aguata Union Constitution Amendment

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THE

CONSTITUTION
OF

OLD AGUTA UNION


(OAU)
IN

AUTO SPARE PARTS AND


MACHINERY DEALERS
ASSOCIATION
(ASPMDA)

TRADE FAIR COMPLEX, LAGOS.


Preamble
With the increasing population of citizens of towns in old Aguata Local
Government Area of Anambra State, comprising the four constituencies (Namely
Orumba South, Orumba North, Aguata constituency 1 and Aguata constituency 2)
doing business in Auto Spare Parts and Machinery Dealers Association (ASPMDA),
International Trade Fair Complex, Lagos.
There arose the need to unite and galvanize their efforts towards Peace, Love,
Unity and Progress for the common good of all the citizens in particular and the
Union in general.

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

This constitution shall be known as and called “THE CONSTITUTION OF OLD


AGUATA UNION (OAU), IN AUTO SPARE PARTS AND MACHINERY DEALERS
ASSOCIATION (ASPMDA), LAGOS, NIGERIA” here-in-after referred to as “THE
CONSTITUTION”.
ARTICLE ONE

1.1 NAME
The union shall be known and called Old Aguata Union (OAU) in ASPMDA,
Lagos.

1.1A ORGANS OF THE UNION


I. OAU GENERAL ASSEMBLY
II. OAU YOUTH
III. OAU BOARD OF TRUSTEES

1.2 MOTTO/SLOGAN
The motto of the Union shall be – United we stand in English

1.3 AIMS AND OBJECTIVES

a. The Union shall be a non-political, non-religious, and non-profit making


but a socio-cultural/economic organization aimed at bringing together
all sons and daughters of Old Aguata doing business in ASPMDA, Lagos
under one umbrella.
b. Provide for the general welfare of the members.
c. Provide a forum for the spiritual and socio cultural advancement of the
members.
d. Work for the progress and development of our home towns – Old
Aguata Members Town Unions.

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

3.1 MEMBERSHIP – CATEGORY (OAU GENERAL ASSEMBLY)

a. Membership is open to all citizens of Old Aguata who have a shop(s) or


property(ies) and/or doing business and/or working in ASPMDA.
b. An intending member must be of good behavior, have an
unquestionable character and must have a verifiable means of
livelihood.
c. The Union reserves the right to accept or reject an intending member’s
admission.
d. An intending member must be a citizen of a town in Old Aguata.
e. On admission, a new member shall pay enrolment fee of N1,000 only.
3.2 FINANCIAL MEMBER OR FINANCIALLY UP-TO-DATE
A financial member is so defined as a member who is financially up-to-date
and whose name is current in the financial secretary’s register.

3.3 FINANCIALLY NOT UP-TO DATE MEMBERS


a. This is a registered member who is indebted to the Union provided the
indebtedness is not willful donation.
b. A member who made donation(s) or willful pledge(s) to the Union and
fails to redeem after a period of three (3) months shall become non-
financially up-to date.

3.4 OAU YOUTH


a. There shall be an organ of OAU to be known and called Old Aguata
Youths
b. Composition: All persons shall be qualified to be a member of the
Youth Forum as contained in Section 2.1 of this constitution.
c. The members shall be within the age limit of 18-50 years.
d. They shall elect executive members among themselves to pilot the
affairs of the forum.
e. Without prejudice to the age bracket above, any member of OAU who
is interested is free to join even though he is above the age bracket.
f. Any member of the Youth who is above 45 years of age is not eligible to
contest or vie for any elective position in the youth wing of OAU.
FUNCTIONS OF THE YOUTH FORUM
a. They shall meet from time to time to discuss issues affecting them and
OAU in general.
b. They shall assist in watching newly established boys from the Zone to
enroll with both the Youth and the main body of the union.
c. They shall form a football team and any sports activities to help strengthen
the football team.
d. The activities of the Youth shall be under the control and supervision of
the Union’s General Assembly
e. They are permitted to have a bye law to guide them which shall be
scrutinized by the Executive Council.
f. They are free to have their own bank account and the current President of
the Union must be a signatory to checkmate the account.
g. They are not permitted to sponsor any candidate to any Aspmda elective
office(s) or to receive any political appointment directly from Aspmda.
h. They are not permitted to entertain any political visitors during
Aspmda electioneering campaign(s) in any of their meeting(s) or
assembly (ies).

ARTICLE FOUR

4.1 OFFICERS OF THE UNION


The following shall be the officers of the Union:
i. The President
ii. 1st& 2nd Vice President
iii. Secretary General
iv. Asst. Secretary General
v. Treasurer
vi. Financial Secretary
vii. Asst. financial Secretary
viii. P.R.O 1
ix. P.R.O 2
x. Welfare Officer
xi. Asst. Welfare Officer
xii. Chief Provost
xiii. 1st& 2nd Provost
xiv. Patrons
xv. Fifteen (15) Executive Members

4.2 DUTIES AND POWER OF THE OFFICERS


4.2.1 The President: shall
a. Preside over all Executive and General Meetings of the Union
(regular or emergency)
b. Have the responsibility of running the affairs of the Union
c. Authorize all payments approved by the Executives and/or general
meeting except on emergency cases which must not exceed
N100,000
d. Be the official representative of the Union at all meetings,
negotiations and dealings with the outside bodies unless he
delegates
e. Be one of the trustees of the Union during his tenure and shall be the
confirming signatories for all withdrawals from the bank account of
the Union
f. In collaboration with the Secretary summon all meetings (Executive,
General or Emergency)
g. In performance of the above duties, shall refrain from all acts that
may commit the union to the support of any political party, faction,
group or candidates for an election, unless otherwise decided by the
Union.
h. Shall surrender the Union’s document and property at the expiration
of his tenure.
i. Sign all meeting minutes.

4.2.2 The 1st and 2nd Vice Presidents: shall


a. Assist the President in all his official duties.
b. Act for the President or 1st Vice in their absence as the case may be.
c. Discharge any other duty/duties that may be assigned to him by the
President and/or Executives and/or general house.
d. Assume full responsibility as the President or 1st Vice on the
invitation of the Executives and/or general house for the unexpired
term in the event of the incumbent Presidents or 1stVice’s
resignation, removal from office, incapacitation or death.
e. Where 5.5.1e occurs, shall have the power to call for a general/or
Executive meetings with the Secretary.

4.2.3 The Secretary: Shall


a. Record all the minutes of the Executive, general meeting and
emergency meetings.
b. The Secretary in conjunction with the President shall present annual
reports on the activities of the Union at the end of each year and at
the end of their term of office.
c. Handle all correspondences in consultation with the President,
Executives or general house.
d. Take custody of all important documents of the Union such as
agreements, legal documents, survey plans and Union seal.
e. In consultation with the President, summon all meetings and
prepare suitable agenda.
f. Be the administrator of the Union's secretariat.
g. Surrender all his books and records to the Union as when required for
auditing.
h. In the event of the provisions of clause 5:5:1e occurring, shall
have the power in conjunction with the 1 st Vice President to call for
general and/or Executive meetings.

4:2:4 THE ASSISTANT SECRETARY: Shall


a. Assist the secretary in all his official duties.
b. Act in full capacity in the absence, resignation, removal,
incapacitation or death of the Secretary.

4:2:5 THE TREASURER: Shall


a. Be the custodian of all financial assets of the Union - Books,
Cheque book.
b. Vet or scrutinize all vouchers.
c. Supervise all receipts or expenditures of the Union.
d. Be one of the signatories of the Union's bank account.
e. Keep all records relating to banking transactions and submit same
on demand by Executive and/or general house.
f. Keep an imprest account of not more than N50,000 only.
g. Pay into the Bank Account money received not later than 24
hours.
h. Surrender all books or records when required for auditing/at the
end of his tenure.
i. To honor the disbursement of funds as approved by the
President/House.

4:2:6 THE FINANCIAL SECRETARY: Shall

a. Receive or cause to be received all money or incomes accruing to


the Unionfrom the Financial members and cause same to be
handed over to the Union’s treasurer same day unless the treasurer
is absent.
b. Keep accurate records of all incomes and expenditures of the
Union.
c. Receive and record all payments to the Union.
d. Prepare and keep a financial register of all financial members.
e. Pay promptly to the treasurer all money collected within 48 hours
of collectingsuch money, in the absence of the Treasurer
f. Prepare payment vouchers.
g. Prepare annual financial report of the Union at the end of every
year.
h. Present on demand the financial position of members and that of
the Union as whole.

i. Surrender all his books and records for auditing when required.
j. Financial Sec. shall present financial report at the end of their
tenure.

4:2:7 THE ASSISTANT FINANCIAL SECRETARY:

The provision of article 4 sub-section 2.6b, c and d apply with all the
necessary changes (mutatis mutandis) here.

4:2:8 THE P.R.O.: Shall - As directed by the President

a. Publicize all the activities and programs of the Union.


b. In collaboration with the President and the Executives see that the
Union's relationship with the outside public is very cordial
c. Project the good image of the Union to the outside public.
d. Discharge any other duty that may be assigned to him by President,
Executive and/or general house.
4.2.9 P.R.O 2: The provisions of article 4:2:8 sub section 2:8 a, b,c, and d
applies with all the necessary changes (mutatis mutandis) here.
4:2:10 THE WELFARE OFFICER: Shall
a. Be responsible for planning, organizing and executing all social
activities of the Union as assigned by the meeting.
b. Record and render accurate account of all monies given to him and
expended in the course of his duty.
c. Handle any other duty that may be assigned to him from time to
time by the President, Executives or general house.
d. Arrange and prepare venues for meetings & other gathering in
conjunction with the provost.
4:2:11 THE ASSISTANT WELFARE OFFICERS
All the provisions of 4:2:10 a-d shall apply mutatis mutandis

4:2:12 THE PROVOST: Shall


a. Maintain peace and order and also enforce discipline during meetings
and in any gathering of the Union.
b. Carry out any such order as may be directed by the President or his
vice or secretary or the presiding officer (for a particular meeting).
c. Collect all money accruing to the Union in course of his duties and
account for same to the financial secretary same day of collection.
d. Seek the President's or the presiding officer's permission for special
fines.
e. carry out any duty as may be assigned to him by the Union or President.
f. Prepare and arrange for meeting venues in conjunction with the
welfare officer(s)

4.2.13 1st and 2nd Assistant Provosts


All the provision of Article 4:2:12a-f shall apply mutatis mutandis

4.2.14 Patrons and Grand Patrons


a. A Patron is a financial member elevated unanimously by the union as a
mark of honor and respect in recognition of the member’s qualities, age
or contributions to the growth and development, unity, peace
and progress of the Union.
b. By this elevation, he is an automatic member of the Executive council.
c. Plays an advisory role.
d. Can intervene in terms of crises or problem.
e. There shall be many patrons as may be appointed by the Executives
and ratified by the general house.
f. There shall be 5 grand Patrons, as may be appointed by the
Executives and ratified by the general house.
g. The patron/ grand Patrons shall be appointed from the four
constituencies that made up the union.

4.2.15 Executive Members


a. The elected President and his officers at inception of office is allowed
by this constitution to form a strong executive council
b. The number of non elected executives to be selected from the
members shall not exceed 15 members.

ARTICLE FIVE

5.1 TERM OF OFFICE

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.

5.2.4 A member who is on suspension is not qualified to exercise his right


under this constitution.

5.3 ELECTORAL RULES AND GUIDELINES

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

REPRESENTATIVE CAPACITY TO ASPMDA CENTRAL EXECUTIVE

1. Every member of the Union shall be qualified to stand to contest any


elective office during APSMDA General Election.
2. No member of the Union shall qualify to contest any elective office in
APSMDA without first being nominated by the Union (OAU)
3. For any person to qualify to be nominated by the Union, such a person
must be:
i. Financially up-to-date

ii. A person of good character and behavior

iii. A member of a Political group in ASPMDA


4. Every member of the Union shall be qualified to be appointed to the
Executive Council of ASPMDA subject to section 3 subsection (I,ii,iii) of this
section.
5. Subject to subsection 1-4 of this section, no member who has served in the
Executive Council of ASPMDA either elected or appointed, shall be re-
nominated for the second time to serve in the central executive council of
ASPMDA.
6. For the purpose of the above, to give room for others to serve same.
7. Save as, the nomination process as in section 3 above shall be by election
for interested members for any particular position assigned or/and allotted
to the Union by the Political group, unless in the circumstances one
member is involved.
8. Any member of the Union in the ASPMDA executive shall from time to time
be bringing returns to the Union by way of hosting meeting and supporting
other activities of the Union financially.
9. A member representing the Union either elected or appointed may be
recalled if:
a. There is presented to the President of the Union a petition in that behalf
by at least fifty (50) members of the Union alleging their loss of
confidence in that member.
b. Where such a member may have been found guilty of gross misconduct
leading to ridiculing the image of the Union.
c. Where such a member neglected the Union in such a manner so
unbecoming, undeserving and indecorous.
5.5 REMOVAL FROM OFFICE

5.5.1 An officer shall be removed from office for any of the following:

a. A case of embezzlement or misappropriation of fund(s) is proved


against him.
b. If a serious case of negligence of duty or a breach of trust or gross
irresponsibility is proved against him as reported by the Executive or
any member of the Union.
c. A case of violation of electoral regulation proved against him.
d. A vote of no confidence is passed on him by 2//3 of members
present.
e. Where the President fails to call for a general meeting for three
consecutive meetings without a cogent reason.
f. A case of abuse of office is established against him.

5.5.2 PROCEDURE

Removal from an office shall take the following procedures:

a. A motion of a vote of no confidence on the officer by at least two


third of members present in a general meeting.
b. Such a motion shall state in writing the offences of the officer and
then state the reasons for the vote of no confidence on the officer.
c. The general meeting can set up a panel to investigate the allegation
and make recommendations to the Union for final decision.
d. The general meeting shall remove an officer from office with a two
third (2/3) majority vote of members present in a well constituted
meeting.
e. Removal of an entire executive from office shall take the same
procedure except that members of the panel shall not include any
executive members.
f. If an officer is removed from office, his assistant if applicable will be
appointed for him for the un-expired term only in a general meeting.
g. In the case of a position where there is no assistant, a bye election
will be conducted to finish the remaining tenure of the
administration.
h. The house will appoint an ad-hoc committee to investigate the
executive and report to the general house in the next meeting and in
the case of removal of the entire executives, there must be a fair
hearing.

5.5.3 RESIGNATION/DEATH/INCAPACITATION OF AN OFFICER


a. Death of an officer renders the office vacant.
b. If an officer is incapacitated to the extent that he can no longer attend to
his official duties, such an officer shall be declared vacant.
c. An officer reserves the right to resign his office and the procedure for
such resignation shall be:
i. Notice of resignation must be written stating reasons for doing so.
ii. His resignation must be accepted and approved by the house in a
general meeting.
ARTICLE SIX – MEETINGS

SECTION 1 – TYPES OF MEETINGS

The Union shall have the following meetings:

6.1.1 ELECTED EXECUTIVE MEETINGS

This is the regular meeting of all elected officers of the union.

6.1.1 A EXECUTIVE COUNCIL MEETINGS

This is a regular meeting of all members of Executive as specified in the


constitution to meet before every General Meeting.

6.1.2 GENERAL MEETING

This is a regular meeting of all members of the Union as specified in the


constitution. This shall be the highest decision making organ on the
Union.

6.1.3 EMERGENCY MEETING

This is a non-regular meeting of either Executive or the Union for


emergency purposes or situations.

6.2 MEETING SCHEDULES

6.2.1 The Union shall have their General Meetings quarterly

6.2.2 Executive meetings shall precede each General Meeting


6.2.3 Without prejudice to 1 and 2 above, General and Executive meetings can
be re-scheduled if need be but adequate publicity should be given.

6.2.4 Without prejudice to 2 and 3 above, emergency General and Executive


meetings shall be called when the need arises.

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).

6.3.2 The Quorum for Executive council meeting shall be 15 members


including 3 executive members; President or his Asst., Sec or his Asst.,
and any other executive member(s).
6:3:3 Without prejudice to 1 and 2 above, Emergency General and Executive
meetings may be held with less than the necessary quorum in case of
General thirty (30) members and in case of Executive ten (10) members.

6:4 MEETING VENUE

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.

6.6 ATTENDANCE TO MEETINGS


6.6.1 Attendance to general meetings is compulsory for all members while
Executive meetings are compulsory for all Executive members.
6.6.2 Attendance register shall be kept by the Fin. Sec. at every General and
Executive meetings.
6.6.3 Absenteeism permission shall be in writing and is subject to acceptance
or rejection by the Union.

6.7 MEETING TIME AND DURATION


6.7.1 The commencement of meetings shall be determined by the President
and the Secretary but must be duly communicated to the members and
strictly adhered to.
6.7.2 The duration of the meeting shall be reasonable enough to handle the
agenda for the day but the presiding officer shall not unreasonably
prolong meetings.
6.7.3 Each meeting must start at least 10 minutes after the stipulated time to
discourage African time with which our people are known for.

6.8 MINUTES OF MEETINGS


6.8.1 Minutes of any of the meetings of the Union shall be recorded by the
Secretary, his Assistant or any other person appointed to do so by the
President in their absence.
6.8.2 The minutes of the previous meeting must be read and be adopted
before it becomes a working document of the Union and duly signed by
both the President and the Secretary.
6.8.3 Minutes shall be adopted through a motion for adoption to be moved by
a member and seconded by another member.
6.8.4 In the event of amendment(s), the amended portion shall be read before
the adoption of the minutes.
6.8.5 Only members who were present at a meeting (and who were present
also during the reading of the minutes of that meeting) are eligible to
move and/or second the motion for the adoption of the minutes.

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).

8.2 OTHER INVITATIONS BY MEMBERS AND NON-MEMBERS (SOCIAL


INVITE)
8.2.1 Any invitation from members who are financially up-to-date shall be
given the sum of N20,000
8.2.2 Any other invitation from non-members shall be honored with the sum
of N5,000.
8.3 DEATH OF A MEMBER
In the event of death of a member who is financially up-to-date, there
shall be a message informing members of the death of one of us stating
the town of origin, residence and phone number of next of kin.

8.3.1 BURIAL LEVY


a. There shall be a burial levy of N1,000 by each member and this levy shall be
collected by the Financial Secretary.
b. Non-payment of this levy after the ceremony shall attract a fine of N500.

8.3.2 WAKE KEEP


a. The Union shall liaise with the deceased member’s town/family to organize
a befitting wake-keep for the deceased where the religion allows it.
b. The welfare officer shall be mandated to assist the member’s town to
organize the wake-keep.
c. As the Union may not take active part in the village, every member must
attend the wake-keep of deceased member here in Lagos.
d. Fine for lateness to wake-keep shall be N200.
e. Fine for absenteeism at the wake-keep without approved excuse shall be
N500.
f. The date, time and venue for the wake-keep shall be arranged by the
member’s town and communicated to the executives.
g. The Union shall present one carton of beer, one carton of malt to the
deceased Family during the wake-keep.

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.

8.4 DEATH OF A MEMBER’S WIFE


In the event of the death of a member’s wife or husband, all the privileges
accorded in the event of 8.3 above shall apply mutatis mutandis.

8.5 GET-TOGETHER/END OF THE YEAR PARTY


a. The Union shall hold a get together/end of year party at the end of every
year to thank God for His protections, mercies, blessings, etc. on members
of the outgoing year and ask for more in the coming year.
b. Any member or non-member can host the party for the Union.
c. Where no one volunteered to host the party, members shall raise the
money to host the party through voluntary donations and whatever is
collected will be used for hosting the party.
d. The general meeting reserves the right to shelve any end of the year party
or get together under any unforeseen circumstances.
8.6 ENTERTAINMENT DURING MEETING
a. The Union shall continue to have entertainment during her meetings as
may be determined from time to time by the general meeting on
recommendation of Executive.
b. The cost of such entertainment shall be born through free will donations
from members or from the Union purse if the need arises.
c. The Hosting/entertainment of every meeting shall be done by the four
constituencies that constitutes the Old Aguata Union.
d. The four recognized constituencies are;
i. Aguata Constituency 2
ii. Orumba South Constituency
iii. Aguata constituency 1
iv. Orumba North Constituency

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.

9.2 OATH OF OFFICE AND ALLEGIANCE


Officers and other members of Executives before assuming office shall be
sworn-in and shall take the following oath of office and allegiance to:
1. Be faithful, loyal, honest and bear true allegiance to the Union at all
times.
2. Be Truthful and diligent in the discharge of their duties.
3. Preserve, uphold and defend the constitution of the Union.
4. Discharge their official duties to the best of their abilities without
prejudice, fear or favour, malice or ill-will.
5. Do good to all manner of people irrespective of sex, status, religion
or political inclination and affiliation.
9.3 The swearing in of the new President and his executives shall be performed
by a lawyer or legal adviser of the Union.

ARTICLE 10

DISCIPLINE, CONFLICT/DISPUTE RESOLUTION/COURT PROCEDURE

10.1 DISCIPLINE

1. Absenteeism at any meeting (General or Executive) without genuine


written and accepted excuse attracts a fine of ₦500.
2a. Noise making during meeting or at any gathering of the Union attracts a
fine of ₦100.

2b. Special fines shall be imposed by the president or the presiding officer
for extra-ordinary noise making.

3a. Lateness to meetings (Executive & General) attracts a fine of ₦100.

3b. Lateness fines starts as soon as the minutes are adopted.

4. Any member who is proved to be involved in disobedience, unruly


behaviour, failure to carry out official assignment or duty, in
subordination, etc, if proved through a panel of investigation or
Executive, shall attract a fine ranging from ₦5,000 to suspension. In
case of an elected officer, removal from office depending on the gravity
of the offence committed.

5. The same punishment as above awaits any member who is involved in


fighting with a fellow member, drunkenness, stealing, drug addiction,
blackmail, plotting against another member, witch-hunting, oppression,
suppression, if proved through a panel of investigation or Executive,
shall attract a fine ranging from ₦5,000. to suspension.

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.

However, a member found guilty of such by appropriate authority shall


be expelled from the Union.
10.2 CONFLICT/DISPUTE/COURT PROCEDURES

10.2.1 The Union shall always seek and promote amiable resolutions to any
conflicts, disputes or quarrels between or among members.

10.2.2 The Union shall at all-time encourage members to abide by ASPMDA


rules and regulations and to follow suit in the settlement of disputes
among the members.

10.2.3 Subject to 10:2:1 above, such act shall be reported to the Union for
proper action.

ARTICLE 11 – MISCELLANEOUS

11.1 CORPORATE ASSISTANCE

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.

b. Such assistance can only be made through individual freewill donations.

11.2 MEANS OF LIVELIHOOD

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

CONSTITUTION REVIEW COMMITTEE MEMBERS


1. Mr. Kingsley Ekebere - Chairman
2. Engr. Chris Okoye -Secretary
3. Sir. Juventus Okpalaokaka -Member
4. Mr.Emma Onyene -Member
5. Mr. Sunday Onyeka -Member
6. Bro. Edwin Ezenwaka -Member
7. Mr. Cyprain C. Okoli -Member
8. Mr. JohnLeo Okpala -Member
9. Mr. Arinze Chukwunwe -Member
10. Mr. Hillary Ogamba -Member
11. Mr. Bosah Cosmas -Member

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