Constitution of Umu Eze Ota

CONSTITUTION of UMU EZE OTA

MOTTO: PEACE & PROGRESS.

THIS CONSTITUTION IS BINDING ON EVERY SONS & DAUGHTERS OF EZE OTA.

TABLE OF CONTENTS

ARTICLE 1: Name of the Association

ARTICLE 2: Goals and Objectives and Activities

ARTICLE 3: National Headquarter and Mailing Address

  ARTICLE 4: Membership and Responsibilities

ARTICLE 5: Organizational Structure and the Committees

ARTICLE 6: The Officers, Specific Duties & Responsibilities

ARTICLE 7: Relationship with the UIU and Government entity

ARTICLE 8: Quorum and Conducting Meetings (Regular and/or Special)

ARTICLE 9: Annual Conventions

ARTICLE 10: Organizing Elections, Voting and Filling-in Vacancies

ARTICLE 11: Resignations and Removals of Officers (Elected or Appointed)

ARTICLE 12: Financial Matters and Transparency Accounting

ARTICLE 13: Fiscal Year

ARTICLE 14: Personal Comportment and Discipline of Members

ARTICLE 15: Amendments to this Bylaw and/or Constitution

ARTICLE 16: The Adoption, Ratification and the Required Signatories

   THE CONSTITUTION OF UMU EZE OTA

ARTICLE I: NAME OF THE ASSOCIATION

1) The association shall be known, registered and incorporated, in Nigeria, as UMU EZE OTA”.

ARTICLE 2: GOALS, OBJECTIVES AND ACTIVITIES

1)The association shall exist and be operated as a non-profit, public, non-political, and non-governmental entity with the objective of advancing the welfare of Umu Eze Ota.

a)promoting our proud Heritage

b)ensuring that our interests and properties are protected and used for the benefit of all UMU EZE OTA

c)to act as our brother’s keeper and to help each other in any way we can

d)ensure that our children are given opportunity to be the best in what they choose to do

e)make the education of our children number one priority by establishing scholarships and grants.

ARTICLE 3: NATIONAL HEADQUARTER AND MAILING ADDRESS

1) The physical location or headquarter of UMU EZE OTA Association, for the purpose of registration and incorporation, shall be in Ukpo, Anambra State, Nigeria.

2) The official mailing or postal address shall be

(To be determined)

3)The members of the association reserve the right to change the mailing or postal address, in due course, with a 2 of 3 votes of the constituent families.

4)The registered agent, for the association in Nigeria, who will be representing the association for official purposes, shall be elected or appointed or re-affirmed by the members of the association.

ARTICLE 4: MEMBERSHIP AND RESPONSIBILITIES.

1)Criteria for and Categories of Membership

(a)Membership shall be open to every descendants of EZE OTA either by birth/marriage/adoption.

2)Membership Dues and Financial Responsibility

a)To be a full member and in good standing, all adults of voting age shall be required to pay their annual membership dues of N2,000, as and when due (on or before June 1st of every fiscal year)

b)Only members who are in good standing (financially and otherwise) shall be eligible to hold elected offices and vote in elections for offices or on decisions on any major matters pending before the association.

ARTICLE 5: ORGANIZATIONAL STRUCTURE AND THE COMMITTEES

1)The organizational structure for UMU EZE OTA shall consist of the Executive Committee (all the elected officers) and the general assembly). The position of Chairman shall be rotated among the 3 constituent families that make up UMU EZE OTA and the Chairman can only be in the office for one 4 year term at a time.

a)The Executive Committee consists of all the elected officers of the association.

b)The Executive Committee members are as follows:

i)Chairman

ii)Vice Chairman

iii)General Secretary

iv)Assistant General Secretary

v)Financial Secretary

vi)Assistant Financial Secretary

vii)Treasurer

viii)Social Director

ix)Provost

x)Publicity Secretary (PRO)

xi) Parliamentarian

c)The Executive Committee shall serve as the only “standing committee,” while other committees shall be created by the Chairman but only with the concurring vote of at least 60 percent of all the executive committee membership as needed on an ad hoc basis (to work in concert with and responsible to the Executive Committee)

d)The General Assembly consists of all the registered members of the association; and each member has membership responsibilities, equal voting rights, and duly expected to meet-up with the stipulated financial dues and social obligations.

e)All the elected officers shall

i) serve for four years (one term ONLY) in one particular position or office

ii) be members of the association in Good Standing, prior to and during the time in office

iii) be individuals of decent character, humility, honesty and unquestionable integrity; and responsible behavior

iv) If any of the elected officers is convicted of any criminal wrongdoing in the court of law, then that officer shall respectfully resign expeditiously within 30 days of the initial conviction, or otherwise that office shall be deemed vacant and shall be promptly filled temporarily by a 2/3 majority vote of the house until the regularly election is held.

ARTICLE 6: THE OFFICERS, SPECIFIC DUTIES AND RESPONSIBILITIES

6.1: Chairman

a) The Chairman is the overall leader, spokesperson and coordinator of the association’s activities with the powers and authority as well as privileges pertaining to the office and can only serve for one 4-year term ONLY.

b) As the Chief Executive Officer, the Chairman in concert with the other Executive members make critical decisions on behalf of UMU EZE OTA in a manner consistent with the provisions of this constitution or in conformity with the spirit of this Constitution, except that in any decision of the chairman involving or expected to involve expenditure of N5,000 or more it shall be made with a concurring recorded vote of at least 60 percent of all members of the executive and for an expenditure of anything beyond N25,000 it shall at least 70 percent of all members of the executive.

c) The Chairman shall always preside at formal meetings or special meetings, activities and events on behalf of the association and its members.

d) For any expenditures, projects or undertakings approved by the executive committee pursuant to paragraph 6b of this Article, the Chairman shall be authorized to spend no more than the amount as specified in the Standing Orders with the approved and appropriate co-signatures (of General Secretary or Treasurer). Every financial transaction must be accurately documented and records preserved for posterity.

e) The Chairman, by the capacity of the office, has the power to cast a vote during election to break a tie as seems fit.

f) The person serving in this capacity shall always ensure that the decisions and policies of the association are duly and appropriately implemented in the interest of fairness and justice, and shall exercise other powers as may from time to time be conferred by the general assembly WITH MAJORITY of members PRESENT

g) The Chairman shall also play a critical leadership role in order to help the association solicit and raise funds for specific activities or development projects.

6.2:     The Vice Chairman

(a) In the absence of the Chairman, the Vice Chairman shall assume functions of the Chairman.

b) And, from time to time, the Vice Chairman may be assigned to perform some special functions, lead a delegation, serve on an important committee, or represent the association at the request of the Chairman or the members of the general assembly.

6.3:    Secretary

a) The Secretary shall efficiently run the association’s secretariat (taking minutes at meetings, keeping good records of all important deliberations, and handle all official correspondences from or to the association.

b) The Secretary shall prepare, in consultation with the Chairman, and communicate the notices (circular) or reminders of meetings with the items on the agenda (as the order of business) to the members in a timely manner.

6.4: Assistant Secretary

a) The Assistant Secretary shall assist the Secretary whenever necessary.

b) In the absence of the Secretary, the Assistant Secretary shall assume the functions of Secretary.

6.5: Financial Secretary

The Financial Secretary shall collect and record all monies received by the association from both members and non-members; and shall record all monetary payments made by the association.

The Financial Secretary shall keep proper, accurate, and verifiable financial record of all the association’s financial transactions, and hand over all monies collected on the association’s behalf

The Financial Secretary shall collect registration fees, annual dues, levies, fines, donations and all other monies received and hand all monies received to the Treasurer no later than 72 hours from the time of collection.

The Financial Secretary shall issue official receipts for all monies received from members and non-members and collect an official receipt from the Treasurer for all monies handed over to the Treasurer. Electronic receipts are good.

The Financial Secretary shall prepare and present a financial report on the association’s finances at every regular meeting of the Executive Committee, and the General Assembly. They shall work with the Executive Committee, Treasurer and any other member(s) of the association to ensure the integrity of all financial reports. They will be informed in advance by the Secretary, if a financial report will be presented at an emergency meeting.

The Financial Secretary shall prepare quarterly and annual financial reports being a consolidation of three and twelve months’ financial reports respectively, for distribution to members no later than thirty (30) days after the end of the quarter or year.

The Financial Secretary shall prepare a final, consolidated financial report and present it to the Executive Committee and the General Assembly at the end of the term of office of each executive committee.

The Financial Secretary will work with the Treasurer and appointed/elected Auditors to certify that the final consolidated financial report is an accurate, fair, and sound representation of all the financial transaction of the association during the term of office of the executive committee in reference.
In addition to other duties, the Financial Secretary shall prepare vouchers for all payments authorized by the Chairman with the approval of the Executive Committee and pass the voucher to the Treasurer for appropriate execution being payment to authorized recipients.

f) The Financial Secretary, in consultation with the Executive Committee, shall assist and cooperate with any agency of government seeking information on the financial affairs of the association.

g) The Financial Secretary is the custodian of the organization’s Check Books which cannot be transferred to any other officer without appropriate authorization from the general assembly.

6.6: Assistant Financial Secretary

a) In the absence of the Financial Secretary, this officer shall be required to assume the duties of the Financial Secretary and is expected to serve accordingly.

b) The Assistant Financial Secretary shall dutifully carry out any assigned duties Financial secretary and/or the Executive Committee on behalf of the association.

6.7: The Treasurer
The Treasurer is the custodian of the organizations’ funds. The Treasurer shall be entrusted with the movement of funds from the Financial Secretary to the bank(s), and is expected to collaborate with the Financial Secretary and the Executive Committee to carefully monitor all monetary transactions.
c)The Treasurer, upon receiving the funds from the Financial Secretary, shall be required to deposit same into the association’s prescribed bank(s) account within 72 hours.

6.8: Publicity Secretary
a) The Publicity Secretary shall assist the Chairman and the Executive Committee in making sure that there is effective communication within the organization, and he is responsible to ensure that members have access to the information they need.

b) The Publicity Secretary is responsible for managing and directing public activities, and shall be expected to advice association’s officials and members regarding how to develop key strategies to promote public awareness about the association. Part of this assignment includes obtaining and sharing basic information and news coverage, and preparing press releases , developing honest and timely media materials (such as newsletters, flyers, brochures, graphic designs, communiques, etc.) IF NEEDED

6.9: Provost
a) The Provost, in concert with the chairman shall be responsible for keeping order and enforcing the standard protocols during meetings.

b) Before meetings and other social activities, the Provost shall make sure that a quorum has been formed and maintained; respectfully enforces decorum; plays the role of a time-keeper; coordinates with the chairman, at meetings or social events, to ensure that the events or deliberations proceed according to the order of business (agenda) or program of activities as planned or agreed to; and that any changes are made with the consent or permission of the chairman.

6.10: Auditor
1) At the end of the year (in the month of November), the Executive Committee will authorize the association’s elected/APPOINTED auditor(S) to review the books and all transactions of the association and provide a detailed summary or report for the association.

2) ONE MONTH AFTER the current Executive Committee steps down, an INTERNAL audit MUST BE conducted OF OUR ACCOUNT(S) and submitted AT THE NEXT GENERAL MEETING.

6.11 Parliamentarian:
1) Must understand the association’s Constitution and bylaws and is charged with explaining the original intents of the Constitution and bylaws of the association.

2) The position is appointed position and holder can only be removed by majority vote of at least 12 members from each constituent family present at meeting and all members must meet minimum requirement to vote; meaning that a member must be in good financial standing/other requirements.

3) A disagreement with the interpretation this constitution and bylaws by the parliamentarian would require the association to seek clarification of judicial authority.

ARTICLE 7: RELATIONSHIP WITH THE UIU AND/OR GOVERNMENTAL ENTITY

1)No member Executive Committee officer shall engage in statements, policies communications UIU or GOVERNMENT entity without expressive written approval from the general assembly with 2 of 3 votes of the constituent families with 12 members of each constituent family present in the meeting. Each must be in good financial standing to vote in this case.

2)For the purposes of order and decorum, all communications or statements (taken as correspondences) from the association must emanate from the offices of both the Chairman and General Secretary (with their signatures on the communications or correspondences) and such statement MUST be approved by 2 of 3 votes of constituent families. The General Secretary MUST document accurately all votes and meeting/votes.

ARTICLE 8: QUORUM AND CONDUCTING OF MEETINGS (REGULAR AND SPECIAL OR EMERGENCY)

1) General meetings should be held on agreed dates and any nwa Eze Ota can participate in person or via telephone (cell or land phones, etc.), and members should dial or call-in during meetings from their various locations around the world

2) General or regular meetings shall be held on uka nkwa

3) For all the general or regular (scheduled) meetings, the parliamentary process shall be used for meeting effectiveness. At least 6 members of the executive must be present for quorum to be met; additionally one executive officer and four members from each constituent family making up UMU EZE OTA must also be present for any meeting to hold and to meet quorum requirement.

a. The Executive Committee, through the offices of the Chairman and the General Secretary, can call “special” or emergency meeting to discuss and act on an urgent matter, and a vote of simple majority is needed for decisions reached or made to be binding and enforceable with the exception of financial matters and decision on the lease or sell of any assets/lands held in common by UMU EZE OTA. Simply stated, NO financial matters or issues concerning sell or lease of assets/lands held in common and belonging to UMU EZE OTA will be discussed at special or emergency meeting. Any discussion regarding sell/lease of any assets/lands belonging to UMU EZE OTA MUST be discussed in a regularly scheduled meeting and notice of at least 5 (five) months MUST be given and agenda MUST clearly show topics to be discussed. To better notify members a database containing telephone numbers of all UMU EZE OTA 18 years and older MUST be set up and notice of general meeting could be sent by voice/text message or any electronic means. The Votes of 2 of 3 of constituent families approving the decision with 15 members from each constituent families present. Additionally each member voting MUST be in good standing in order to vote.

4) ARTICLE 9: ANNUAL CONVENTION IN UKPO

UMU EZE OTA shall hold its annual convention in Ukpo preferably in December each year on date to be determined by the Executive Committee in consultation with the members with the general assembly. The purpose of this convention is for UMU EZE OTA to bring our children together; also this convention could be used to bring medical professionals to give free medical checkup and give medication. The costs of this medical checkup and medications could come from association’s purse or donation from members.

The convention could also be used to raise funds and mobilize capital resources for the welfare and development UMU EZE OTA; raise money to setup scholarships/grants for our children and business grants and loans.

All such funds raised must be duly invested on UMU EZE OTA with transparent accounting practice and for record purposes.

ARTICLE 10: ORGANIZING ELECTIONS, VOTING AND FILLING-IN VACANCIES

1) Elections:
a)At every election, and before voting, the Financial Secretary must compile the list of members and inform the assembly that only such people are “in good financial standing” and eligible to participate in the election process.

b)All those who are not on that list shall be disqualified, until they pay-up all their outstanding dues.

2) Voting:
a)Only members in good financial standing, as well as meet the requirements set forth in Article 5.1-e (iii) are entitled to participate in the election processes, to nominate someone or be nominated, and cast their votes.

b) Each eligible member shall vote in accordance with the terms in this Constitution and is entitled to one vote, in person and not by proxy, but no member shall be voted for in his absence or by proxy.

c) Every nomination must be seconded, by an eligible member, to be voted for or against.

d) Elections or voting for candidates, at all times, shall be by secret ballot to protect the integrity of the process. .

3) The Procedure for Filling of Vacancies

a .If and when an officer’s letter of resignation has been considered and accepted, or he would be forced to step aside, then the Chairman working with both the executives and general members shall nominate a member (in good financial standing) to be approved by a 2/3rd majority vote of the house. Then an election for replacement will be conducted at an appropriate time.THAT INDIVIDUAL WILL ONLY SERVE FOR THE REMAINDER OF THE TERM IN WHICH

b. The outgoing officer and the newly elected officer shall be required to meet and engage in interactive communication for proper handover and smooth transition.

c. Filling-in the vacancies shall be by open and fair election process which must be conducted by the next general meeting. The Secretary is required to circulate a timely communiqué informing members about the elections.

ARTICLE 11: RESIGNATIONS AND REMOVALS OF OFFICERS (ELECTED AND/OR APPOINTED)

Resignations:
a. Any elected officer of the association may resign or choose to step down by submitting a letter of resignation to the Executive Committee through the Chairman.

b. The letter should state the facts or reasons for resigning; and within a reasonable time, the Executive Committee, by a majority vote of approval finds an “interim” replacement pending a general election at an appropriate time.

c. Upon receiving the letter, the Chairman shall discuss the content with the respondent for the right course of action; and the Chairman shall, at the next general meeting, announce the information to the members.

2) Removal from Office:

b. An elected official can be removed from office, for cause, through a no-confidence vote or a recall, for failing to carry out his duties and responsibilities as required, with (i) votes of 2 of 3 of constituent families approving the decision with 12 members from each constituent family present. Each member must be in good financial standing in order to vote.

c. If any executive officer, for any personal or professional reasons, cannot continue to serve and there is the need to step aside in the interest of the association, then he can be asked to resign or Executive Committee with votes of 2 of 3 of constituent families could recommend that he be removed from office. The general assembly must approve vote by 2 of 3 votes of constituent families to accept and approve the recommendation of the Executive Committee.

d. If any of the elected officer demonstrates to be incompetent or unprofessional, the association reserves the right to ask such an officer to step down and be replaced by same method described 2a or 2b above.

e. The General Assembly can dissolve the entire executive committee by vote of 2 of 3 constituent families. The General Assembly can remove any member of the executive committee by vote of 2 of 3 constituent families with at least 1o members from each constituent family present; each member must be in good financial standing to vote. In the event that the Chairman is removed/resigned or dies in office, the family that put forward the chairman will put forward another person who will then serve out the remaining term.

ARTICLE 12: FINANCIAL MATTERS AND TRANSPARENT ACCOUNTING PRACTICES

1) All monies, going into or leaving the account of the association, shall be duly accounted for by those officers entrusted with the securing and managing the funds. For the sake of transparency and accountability, it is important that

a) All checks and receipts be used in all transactions for accounting purposes.

b) i) Unless otherwise provided, the general assembly shall be the final authority to authorize

ii )The chairman, in full consultation with the Executive Committee, cannot spend more than N25,000.00 (twenty five thousand Naira) within a calendar APPROVAL OF THE GENERAL ASSEMBLY

iii) Before engaging in such an expenditure an internal voucher shall be generated and tendered for record purposes. The voucher MUST clearly state reasons/purpose for which funds are being spent.

c) All checks issued by the association for withdrawal of money, from the association’s bank account, shall be prepared by the Financial Secretary and properly endorsed by these designated officers: the Chairman and the Treasurer or the absence of the Treasure, the General Secretary should sign.

d) The Financial Secretary MUST never be allowed to prepare checks and, at the same time, endorse them (the Chairman and treasurer OR THE SECRETARY GENERAL(SG) are the two authorized persons to endorse checks on behalf of the association).

e) The organization’s account shall be audited, at least once per year and after the end of the term for the current Executive Committee.

f)The services of an Independent auditor will be solicited on need basis.

ARTICLE 13: FISCAL YEAR

1) For proper accounting purposes, the fiscal year for UMU EZE OTA shall begin on January 1 and end on December 31 of that same year.

2) All outstanding dues must be paid or settled no later than July 1; otherwise the member shall no longer be in good financial standing.

ARTICLE I4: PERSONAL COMPORTMENT AND DISCIPLINE OF MEMBERS

1)The Appropriate Conduct

a) The association shall engage in lawful activities as authorized by the Constitutions of the Federal Republic of Nigeria, and members are expected to be law-abiding citizens with utmost regard to democratic principles of justice and fairness to all of its members.

b) In the course of their deliberations and activities, the members of the association shall be required to be respectful of and sensitive to other peoples’ differences or values, beliefs, opinions and interests. The goal is to be inclusive, deliberative and participatory.

c) The members shall be expected to treat officers with utmost respect and trust in order for them to function authoritatively, legitimately and effectively in the best interest of the UMU EZE OTA. The officers, in turn, need to have a deep sense of duty, honor, and responsibility. THE OFFICERS MUST IN TURN RECIPROCATE.

d) During formal and informal meetings or events, it is expected that the affairs of the association shall be conducted using the normal parliamentary or democratic procedures.

e) All the members (both the Executive Committee and the general members) of the association shall be expected to comport themselves with a deep sense of decorum, order, trust and respect for the common good.

2 )Discipline of Members in Violation of the Guiding Principles

a) The association reserves the right and judgment to discipline any member who violates its rules of proper personal conduct.

b) Members shall be required to attend meetings as per scheduled and behave appropriately as follows:

i) Noise making or having other disruptive behaviors during meeting shall not be tolerated. Any member who continues to violate these basic rules, after two verbal warnings by the Provost shall pay specified fine.

ii). A member shall be fined specified amount, and possibly be suspended for a number of months or years (as stipulated in the Standing Orders), if such a member engages in verbal abuse or threats and participates in physical violence toward or against another member of the association. When such a member is suspended for the said unacceptable infractions, then the member needs to remain financially active to be in good standing. Any member who acts against the interests of UMU EZE OTA will be suspended however prior to suspension the member will be given opportunity to defend himself before UMU EZE OTA and the decision to suspend a member would require votes of 2 of 3 constituent families of UMU EZE OTA.

iv. If a member engages in physical assault or violence, then the proper authority may be duly notified.

v) A member shall be fined certain amount of money (as indicated in the Standing Orders), for unauthorized or inappropriate use of the association’s letterhead or other documents.

vi) Discreditable Public Misconduct: Any reported acts or personal behaviors (such as stealing, fighting in public or engaged in fraudulent acts that are considered inconsistent with the laws of civilized societies) that can attract negative publicity to the association shall not be condoned. Perpetrators shall be subjected to a fine with a possible suspension. No Nwa EZE OTA can ever be expelled from meeting of the family because Nwa EZE OTA is Nwa EZE OTA for life.

vii) Members will be fined N200 for lateness to meeting and lateness is considered 30 minutes after has started. Member will be fined N500 for absent from meeting. A member can be excused if he contacts the Chairman and requests to be excused from the meeting however members who live in Anambra State and Asaba are required to attend meeting. A member who fails to attend meeting for 3 months without justification will be fined N2,000.

viii) All members must clear all outstanding dues and levies before UMU EZE OTA can accept invitation to any event that he is holding. All members must obtain the FAMILY flag before bolding any event that UMU EZE OTA is invited and must display the flag prominently at the location of event.

ARTICLE 15: AMENDMENTS TO THE CONSTITUTION:

Amendments to this Constitution, either in part or as a whole, shall be subject to the following protocols:

15.1: The issue has been raised, discussed by the general assembly and referred back to the Executive Committee for consideration.

15.2: The Executive Committee, at its next meeting, shall be expected to review the issue and conduct a feasibility study before submitting its recommendations at the end of 6th month from the time the issue was first raised.

15.3: Upon its recommendations, the general assembly shall table and deliberate on the

Executive Committee’s proposal at the last meeting in the year. It will require plurality of 2 of 3 votes of constituent families to change or amend the constitution. Additionally 12 members from each constituent family must be present in the meeting and each member must be in good financial standing to vote.

15.4: The approved change(s) or amendment(s) to the Constitution shall then take effect ONE (1) year from the date the votes were cast.

ARTICLE 16: ADOPTION, RATIFICATION AND THE SIGNATORIES

1) This Constitution shall come into effect and become fully operational for the members of UMU EZE OTA following the general approval and adoption as ratified.

2) This Constitution of UMU EZE, as per written and adopted, shall hereby and henceforth be the guide from this 7th of May in this year 2017.