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Bar Constitution As Amended 2018 - 230417 - 171921
Bar Constitution As Amended 2018 - 230417 - 171921
AS AMENDED (2018)
PART A
ARRANGEMENT OF SECTIONS
PART B
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1. NAME
1) The name of the Association shall be Students’ Union Bar Association.
2) The motto of the Association shall be “Promotionem et Observantia
Legis”
3) This Constitution is supreme and its provisions shall have binding force
on all members and officers of the Association.
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3. MEMBERSHIP
1) There shall be two categories of membership; viz
a. Senior member
b. Junior member
a. SENIOR MEMBERSHIP
A senior member of the bar shall be any undergraduate student of law who
has been duly enrolled at the Judicial Council of the Students’ Union as a
legal practitioner and has been so enrolled for a minimum period of two
legal years.
b. JUNIOR MEMBERSHIP
A junior member of the bar shall be any undergraduate student of law who
has been duly enrolled at the Judicial Council of the Students’ Union as a
legal practitioner and has been so enrolled for a period less than two legal
years.
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4. SUPREME AUTHORITY
The Supreme Authority of the Association shall be exercised by the General
Meeting.
5. OFFICERS
1) The Officers of the Association shall constitute the Executive Council and
shall be elected as provided under this Constitution for a single term of
one academic session.
b. The Registrar:
i. He/she is a Senior or Junior Member of the Association.
ii. He/she has paid, as at the date of his nomination, his practicing fees,
as and when due, for two (2) consecutive sessions inclusive of the year
of election;
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iii. He/she is in private legal practice.
iv. He/she is in 200 or 300 level as at the time of contesting.
5) Duties of Officers:
a. The President:
The duties of the President shall include:
i. Acting as the first member, head chairman of the Executive Council.
ii. Presiding at the General Meetings and other meetings of the
Association and Executive Meetings.
iii. Directing all other officers of the Association in the performance of
their duties and coordinating the activities of the Association
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iv. Presenting at the Annual General Conference a presidential address
in writing to highlight the accomplishments, problems, prospects and
future direction of the Association.
v. Acting as the principal spokesman of the Association.
vi. Ensuring, with the assistance of the Director of Finance the efficient
and economic use of the Association resources as may be necessary
from time to time subject to the overall approval of other officers of
the Association.
b. The Vice-President:
The duties of the Vice-President shall include:
i. Shall advise and assist the President in his duties.
ii. Shall in the absence of the President preside at all meetings in which
the President is empowered to preside by the provisions of this
Constitution;
iii. Shall deputize the President in the performance of other duties in the
absence of the latter.
iv. Shall discharge all other duties as may be deemed necessary by the
President from time to time.
v. Shall discharge all other duties that are necessary for the performance
of the office of the Vice-President in accordance with the provisions
of this Constitution.
vi. Shall assume the office of the President when the latter ceases to be
in office due to reason(s) stated in this Constitution; and another Vice-
President shall be appointed under this Constitution subject to the
proviso below.
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c. The Registrar:
The duties of the Registrar shall include:
i. Shall be responsible for the general duties of the secretariat of the
Association.
ii. Shall on the instruction of the President and in accordance with a
previous decision of officers of the Association summon the General
Meetings, Executive Meetings or other meetings of the Association.
iii. Shall record and keep the minute including attendance and summary
of all decisions taken at the meetings in (ii) above.
iv. Shall keep a roll of all members of the Association.
v. Shall in conjunction with the President, prepare the agenda for the
Executive and General Meetings.
vi. Shall preside over meetings in the absence of the President and Vice-
President.
vii. Shall write and dispatch circulars, letters and other correspondences
of the Association including that of the officers of the Association and;
viii. Shall discharge all other duties as may be assigned to him or her
by the president and the other officers of the Association or the
General Meeting.
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iv. Shall issue releases and statements on matters of general interest to
the Association and the public after consultation with the President or
the Executive Council.
v. Shall discharge all other duties as may be assigned to him or her by
the president and the other officers of the Association or the General
Meeting.
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provided that the Meeting may resolve to vote by secret ballot on any
issue.
e. The Executive Council shall have power to take decisions on behalf of
the Association in all cases of emergency and report to the next
General Meeting for ratification.
7. GENERAL MEETINGS
1) There shall be a general meeting held at least once in a month called
General Meeting.
2) The General Meeting shall hold on such dates and place as may be
determined by the Executive Council.
3) The businesses listed on the notice of the General Meeting shall be
transacted at the said meeting.
4) The quorum at any General Meetings shall be at least one third (1/3) or
30 of the registered members of the Association, whichever is lower.
Provided that anyone who missed two (2) consecutive meetings without
prior notice shall be liable to sanction by the Disciplinary Committee of
the Association.
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5) Attendance at the General Meeting shall be open to all members of the
Association save those in default of payment of their appropriate
Practicing Fees as at when due.
6) Decisions at General Meetings shall be by a voice vote, or simple majority
on a show of hands (to be determined by the presiding officer) on
members present and voting.
7) Provided that, with respect to (7) above, decisions on any other issues as
may be decided by the Executive Council or Meeting, shall be by a secret
ballot.
8) Notice of circulars of General Meetings together with agenda and
resolution shall be dispatched to members at least three days before the
date of the meeting
9) The Standing Order set out in the First Schedule shall govern the conduct
and deliberations at General Meetings.
8. COMMITTEES
1) The Association shall have the following Standing Committees:
a. Judiciary Committee;
b. Law Reform Committee;
c. Disciplinary Committee;
d. Legal Education Committee;
e. Dispute Resolution Committee;
f. Electoral Committee;
And such other committees as may be created by the Executive Council
or General Meeting from time to time
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ii. Shall ensure maintenance of good relationship between the Bar, the
Bench and Judiciary staff;
iii. Shall investigate and recommend to the Association through the
President any issue of intimidation, disrespect and oppressive conduct
against any lawyer by the
iv. Bench or other Judiciary staff or vice versa that may occur howsoever
in the course of their professional activities;
v. Shall carry out any other function that may be assigned to it by the
President or the Executive Council.
C. Disciplinary Committees
i. Shall investigate all cases of complaint of professional impropriety or
other misconduct made against members as may be referred to the
Committee by the President or the Executive Council and make
appropriate recommendations thereon;
ii. Shall carry out any other function that may be assigned to it by the
President or the Executive Council
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D. Legal Education Committee
i. Shall be responsible for the promotion and advancement of legal
education, advocacy and jurisprudence;
ii. Shall organise seminars, workshops, symposia, conferences and
promote legal publications including Law Reports;
iii. Shall carry out any other function that may be assigned to it by the
President or the Executive Council
F. Electoral Committee
The functions of the Committee shall be as outlined in the Second Schedule
to this Constitution.
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4) Ad Hoc Committees
The Executive Council may constitute Committees other than the Standing
Committees to deal with such issues and matters as circumstances may
dictate; and the Committees so constituted shall have such powers and
exercise such functions as the Executive Council may determine.
9. DISCIPLINE
An Executive Officer may be removed from office where:
1) He/she commits fraud.
2) He/she is convicted of any offence by a competent court.
3) He/she breaches any provision of the Code of Conduct duly approved
by the Executive Council.
4) He/she publicly misconducts himself/herself owing to intoxication by
alcohol, drugs or other intoxicants or stimulants, or any bestial acts.
5) He/she performs an act or behaviour that brings or is likely to bring the
Association into disrepute.
6) He/she exhibits acts of disobedience to the Association, Executive
Council, the President or professional misconduct;
Provided that such officer may only be removed from office by two-third
(2/3) majority of the members of the Association present at a General
Meeting where the matter is raised save also that such officer shall have
been given the right to fair hearing.
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10. DISPUTE RESOLUTION
No aggrieved member shall resort to the court unless his/her complaint
must have been considered and disposed off by the Dispute Resolution
Committee;
Provided that such complaint of member shall be decided by the Committee
within twenty-one (21) days of the receipt of the complaint;
Provided that only Senior Members of the Association shall be members of
the Dispute Resolution Committee.
2) Practicing Fees
a. Every member shall pay per session, and latest by the end of the
second month of the First Harmattan Semester, practicing fees as may
be determined from time to time by the Executive Council of the
Association.
b. The Executive Council may from time to time as may be approved by
the General Meeting add to, review, amend or alter the annual
practicing fees payable by the members of the Association.
c. Other subscriptions payable by members shall include fees and levies
as may be approved by the General Meeting or the Executive Council.
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12. FINANCE
1) All monies belonging to the Association shall be kept with the Director
of Finance of the Association.
2) The Director of Finance shall keep a book of financial record for income
and expenditure incurred by the Association.
3) No expenditure shall be incurred for any purpose unless such
expenditure has been approved generally by the Executive Council in its
budget.
4) Notwithstanding the provisions of (3), the Executive Council may expend
if it is necessary, and such expenditure shall be presented to the General
Meeting at the next assembly for ratification.
5) The Executive Council may invest the funds of the Association in such
securities as may be approved by the General Meeting.
13. AMENDMENT
1) This Constitution shall not be amended except at a General Meeting of
the Association by a two-third (2/3) majority of those present and entitled
to vote
Provided that at least fourteen (14) days to the Meeting where such vote
will be carried, a committee of 5 persons comprising of at least two senior
members of the Association is set up to effect amendment where
necessary.
2) For the avoidance of doubt, two-third (2/3) majority of members present
and voting shall be approximated to the nearest whole number.
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“Association” means the Students’ Union Bar Association, University of Ilorin
“Constitution” means the Students’ Union Bar Constitution
“General Meeting” means the whole body of the entire members as
represented at any official assembly of the Association
“Legal year” means an academic session of the University of Ilorin
“Union” means the Students’ Union, University of Ilorin.
15. OATH
The Oath of Office shall be taken by the elected officers of the Association
before assuming office. The Oath of Office shall be provided in the Third
Schedule to this Constitution.
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FIRST SCHEDULE: STANDING ORDERS
For the purpose of effective conduct of proceedings at General Meeting or
other Conferences or Meetings and matters relating thereto; these Orders
shall be read together with the Constitution of the Association.
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11) A member may raise a plea of "point of order" which when raised shall
only be sustained by the President where he/she accepts that there is
deviation by a speaker from the subject matter.
12) A member who claims that he/she has been misquoted or
misrepresented may raise the plea on "point of correction" and if allowed
by the President shall correct same.
13) No motion or amendment shall be discussed unless it is seconded, save
the proposals of the Executive Council or the report of a Committee of
the Association which shall be taken as having been moved and
seconded.
14) On any issue, every member present shall have one vote at a time, but
the President shall have a casting vote in the event of equality of votes.
15) The President shall have power to ask anyone found engaging in
distractive or destructive acts to leave the Meeting or Conference.
16) The President shall give directions or adopt measures reasonably
necessary in the interest of the Association or reasonably conducive to
the conduct of proceedings of any Meeting or Conference.
17) The procedure at a meeting of any Committee shall be determined by
that Committee.
18) The ruling of the President on matters provided for in these STANDING
ORDERS shall be obeyed.
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SECOND SCHEDULE: ELECTIONS
ESTABLISHMENT OF ELECTORAL COMMITTEE
1) There shall be established an Electoral Committee to be known as the
Electoral Committee of the Students’ Union Bar Association (ECSUBA).
APPOINTMENT OF THE ELECTORAL COMMITTEE
2) The incumbent Executive Council shall be responsible for the
appointment of members of ECSUBA.
3) The Electoral Committee shall comprise of five members, one of whom
shall preside.
DUTIES OF THE ELECTORAL COMMITTEE
4) The Electoral Committee shall be responsible for the conduct of elections
of members of the Executive Council of the Students’ Union Bar
Association.
GUIDELINES FOR ELECTIONS
5) The Electoral Committee shall publish Guidelines for Nomination within
7 days of its appointment.
NOMINATIONS
6) A candidate for any office shall be nominate his/herself by picking up a
form from the Electoral Committee, fill the form, and submit it to the
Electoral Committee within the time to be stipulated by the Committee.
7) The Electoral Committee shall upon consideration of the nominations it
receives determine the qualifications of the candidates concerned not
later than seven (7) days before the election.
8) The Electoral Committee may reject a nomination paper which does not
comply with any of the requirements for nomination and election to
offices or which is in breach of any other provision of this constitution
with respect to qualification of the person being nominated.
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9) The Electoral Committee shall screen candidates that have been
nominated and publish the list of successful candidates not later than 3
days before the election.
10) A full list of the nominated candidates shall be circulated on the Notice
Boards in the Faculty of Law and any other available effective media at
least 7 days to the holding of the election.
HOLDING OF ELECTIONS
11) Elections of the Executive Council shall be held in the rain semester; not
later than two weeks to the rain semester examinations.
12) The members of the Electoral Committee shall control, conduct and
manage the elections for which they were appointed.
13) The full list of all legal practitioners qualified to vote shall be published
by the Committee at least 2 days before the election.
14) The publication, printing or distribution of any campaign material, gifts
and any form of souvenir whatsoever by a candidate or his supporter(s)
is hereby prohibited and any candidate who contravenes this provision
shall be disqualified from being voted for.
APPEALS BY DISQUALIFIED CANDIDATES
15) A candidate dissatisfied with the decision of the Electoral Committee with
respect to his nomination, may within seven (7) days of the
communication of the decision, appeal against the decision to the
Dispute Resolution Committee.
16) The dispute resolution committee shall upon receipt of an appeal made
by a candidate, take a decision thereon within fourteen (14) days thereof.
VOTING
17) Voting at elections shall be done by way of secret ballot.
18) Each voter shall be entitled to cast one vote for each office.
19) The Electoral Committee shall make available papers and other materials
for that purpose.
20) Every member of the Association shall bring along a pen for that
purpose.
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21) Where there are two or more nominees who have fulfilled the provisions
of this Constitution, the winner shall be determined by a simple majority.
22) Where there is a tie, the members of the Committee shall be entitled to
vote to will the tie.
23) Where there is only one nominee who has fulfilled the provisions of this
Constitution, he/she shall be deemed elected where he/she obtains 70%
of the total votes cast, failure of which a fresh election would be
conducted in accordance with (28) above.
24) Counting of votes begins immediately after voting.
25) Any member who is aggrieved shall have the right to file an election
petition before the Students’ Union Court not later than one week after
the declaration of election results.
26) There shall be a bye election in the event of any vacancy to any office
as at the time the general elections was conducted not later than one
month into the commencement of the new academic session.
RESULTS OF ELECTIONS
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THIRD SCHEDULE: OATH OF OFFICE
I ………………………………………………………… do solemnly swear that I will be faithful
and bear true allegiance to the Students’ Union Bar Association, University
of Ilorin, Ilorin, Nigeria. And that as ……………………………………………… I will
discharge my duties to the best of my ability, faithfully and in accordance
with the Constitution of the Students’ Union Bar and the Law, and always in
the interest of the integrity, solidarity, well-being and prosperity of the
Students’ Union Bar Association.
That I will not allow my personal interest to influence my official conduct or
my official decisions; that I will to the best of my ability preserve, protect and
defend the Constitution of the Students’ Union Bar; that in all circumstances,
I will do right to all manner of people, according to law, without fear or
favour, affection or ill-will; that I will not directly or indirectly communicate
or reveal to any person any matter which shall be brought under my
consideration by virtue of my position as ……………………………………………………….
of the Students’ Union Bar Association, except as may be required for the
due discharge of my duties ………………………………………………..; and that I will
devote myself to the service and well-being of the members of the
Association.
So help me God.
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CONSTITUTIONAL DRAFTING COMMITTEE
2016/2017 SESSION
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