WRITER: YIRENKYI OPARE-AKUFFO
INTRODUCTION
The Ghana Prisons Service as established by the 1992 Constitution of Ghana is mandated to ensure the Safe Custody and Welfare of Prisoners and whenever practicable, undertake their Reformation and Rehabilitation.
The Nsawam Medium Security Prison which is established on a one (1) mile square plot of land located at the outskirts of the Nsawam Township, and presently the only medium security prison in Ghana is no exception to this mandate. The Nsawam Medium Security Prisons (Male) like all other prisons in Ghana seem to have failed in this regard.
This is as a result of crime still being an ever-present occurrence in Ghana in spite of ongoing efforts to climb down criminals and improve human and social security of the country’s citizens.
This is because the country’s prison facilities where criminality is expected to end have become revolving indoors, and that too many of their residents – that is prisoners or inmates – return time and again; more than half of all inmates will be back in prison within six years of their release, my investigations have revealed.
As sad but unfortunately, the current 47 prison facilities across the country, whatever form they take, do not seem to correct, rehabilitate or treat criminal offenders to become useful citizens at the end of their jail terms.
They rather make them more embittered because of the degrading human conditions such as lack of food, water, clothing, medicals and detergents inmates face day after day, thereby serving as outdated ware-houses for real human beings who have been detained by the state.
HISTORY/BACKGROUND
The Medium Security Prison (Male) is the largest Prison in Ghana, and most probably the whole of West Africa. Its construction started in 1956 and was officially opened on 10th October, 1960. As a Medium Security Prison, it is reasonably fortified so much that the question of a successful internal escape is almost non-existent.
Also worthy of note is that though the Prison’s ideal average capacity is 717, it now holds almost 3,000 inmates making the prison a ware-house indeed. Currently, the lock-up is 2,825, of this figure; almost 60% are Remand Prisoners, some of them with expired warrants.
HUMAN RIGHTS
Fundamental Human Rights and Freedoms are enshrined in the 1992 Republican Constitution of Ghana which makes every person (prisoners inclusive) in Ghana entitled to the fundamental human rights and freedoms as enshrined in chapter five of the constitution. Citizens are protected against abuse of basic human dignity, including any cruel, inhuman or degrading treatment that is “likely to detract from dignity and worth.” The aforementioned rights are simply not in existent let alone not being respected in the Nsawam Medium Security Prison (Male).
However, prisons in Ghana are overcrowded and seen as bitter penal institutions meant for social outcasts whom government believes should just be taken away from society and given the “just deserts” for their crimes. This is against the backdrop that government’s attention to the welfare of both prison officers and inmates is insignificant, leaving conditions at a deplorable state and weaken morale of officers of this paramilitary institution. The Ministry of Interior responsible for the Ghana Prison Service is equally to blame for the deplorable state of the prisons in the country as the Ministry have not lived up to its responsibilities.
The question arising out of this situation is whether it is realistic to expect that a significant portion of prisoners will successfully adjust to society after a lengthy stay in an overcrowded and bitter penal institution of state.
In this sense, prison success would be measured by factors such as physical security, length of incapacitation, relationship between crime rate and the number of incarcerated felons, and inmates’ perception that their treatment was fair and proportionate, experts say.
CLASSIFICATION OF PRISONERS
There are several types of prisoners in custody currently. They include convicts, condemned prisoners, remands, trials, debtors, lifers, lodgers and deportees. Furthermore, there are first offenders as well as recidivists, just as there are young and old inmates. Given the large number of inmates and the nature of the prison structures, Prison Officers are unable to do proper classification so as to avoid contamination.
However, prison officers try to limit contamination as much as they can by using indices like type of offence, sentence, age etc. as criteria for allocating them to the various blocks of dormitory – like cell units with in-built ablution facilities.
REMANDS
The overwhelming and continuously swelling number of Remand Prisoners whose cases are either under investigation or awaiting trial is of grave concern.
For example, in December, 2000, the Remand population stood at 202 whilst in December, 2002 the Remand lock-up was 324.
Currently, the Remand population has risen to 1,633, obviously turning the Nsawam Medium Security (Male) Prison facility into a Remand home which is the case in almost all the prisons in the country if not all. Four (4) of the eight (8) blocks in the Nsawam Medium Security Prison (Male) accommodating the prisoners now hold these Remand Prisoners. It is equally worrisome that some of these remand prisoners are there with expired warrants as some have been locked up for nearly 14 years without trial which is very degrading and dehumanizing indeed.
CONGESTION
The Nsawam Medium Security Prison (Male) is heavily congested as the prisons now holds a little over treble of the number the prison can accommodate. The situation has gotten out of hand as in the case of one of the blocks in the prison called Annex B which is suppose to hold one person per cubicle now holding 10 to 15 inmates per cubicle. The little said about the other blocks the better as rooms that are to hold approximately 20 inmates are holding 50 to 60 inmates. The question therefore of how they sleep in such rooms and cubicles without ceiling or standing fans, your guess is as good as mine.
Naturally, this comes with its attendant pressures on staff, logistics, health delivery and accommodation as well as the possibility of an epidemic.
The enactment of a Legislative Instrument for non-custodial sentences like community sentence, parole, suspended sentences, fines and other alternative punishments for lesser offences would no doubt help decongest the prisons especially for first offenders. Also, the speedy investigation and trial of Remand cases could go a long way to ease congestion.
CONCLUSION
I would like to conclude by drawing your attention to the fact that, given the numerous challenges facing the Medium Security Prison especially with the increasing numbers of remand prisoners, it is with tact, professionalism and by God’s abundant grace especially considering the inmate population vis-à-vis the staff strength, that the station is running successfully.
Tuesday, May 12, 2009
Wednesday, April 29, 2009
Yirenkyi sworn – in as Chief Justice
Congress Journal
27th April, 2009 The official mouthpiece of Congress Volume 1 Issue 1
ANOTHER MILESTONE BY SRC
• Yirenkyi sworn – in as Chief Justice
Story: Fred Appiah Amankwah
Opare - Akuffo Yirenkyi was sworn – in last Friday April 24, 2009 as the first Chief Justice of the Students Representative Council of the African University College of Communications (A.U.C.C).
He took his oath of office before the 4th sitting of Congress. This was done in consonance and consolidation of the newly promulgated constitution of the SRC. In his capacity as Chief Justice, he leads the Judicial Council of the SRC which comprises of five other Justices. On the same occasion, Godfred Tetteh was also sworn – in as the Judicial Recorder.
The SRC President, Mr. Henry Marbell who administered the oath of office to them, congratulated them on their approval by Congress and charged them to be “fair, firm and objective in the performance of their functions.”
Rt. Hon. Joyce Tindana, Speaker of Congress commended the President for the timely appointments and for gracing the occasion. She was particularly elated that the Chief Justice had been appointed from Congress. She said, “it shows how diligent and capable members of the House are as well as their conduct within the student body at large”. “Opare has our full support and we wish him all the best in the discharge of his duties”, she added.
Opare - Akuffo yirenkyi who now bears the title of Chief Justice is a final year student of AUCC pursuing Communications Studies programme. He doubles as the President of the Journalists for Human Rights (JHR), a club on campus. Prior to the institution of Congress, of which is a member, he was a very instrumental member of the Constitutional Review Committee – Otoo Committee as it was popularly known. His Lordship, Opare - Akuffo is famous for his outspokenness and his association with the club called Kyekyeku.
Godfred Tetteh who is also in his final year is an adept poet and a member of the Face Aids AUCC, a club on campus.
According to Article six (6) of the SRC constitution: “The structure of Council in order of enormity shall be; Executive Council, Congress, The Judicial Council, The Permanent and Adhoc Committees”. Not long after the promulgation of the new constitution, the Executive Council instituted Congress and elections were held within the various classes for representatives. This process was largely
successful and presently Congress is functioning effectively within the tenets of the constitution.
In order to activate the principles of separation of powers, checks and balances as well as rule of law entrenched in the constitution. Article 9 subsection (c) i of the constitution demanded “ the Chief Justice who shall be appointed by the President subject to Congress approval, and subject to this constitution, be the head of the Judicial Council and shall be responsible for the administration and supervision of the Judicial Council”.
Amongst the many functions of the Judicial Council, Article 9 subsection (c)i states that it shall “have original jurisdiction on every matter relating to interpretation and enforcement of any provision in this constitution and in every matter where it is alleged that a body of persons have acted ultra vires to the powers conferred on them by the constitution”.
With the strict adherence to the constitution, it is expected that more appointments would be made subject to approval by Congress to man the various Permanent and Adhoc Committees.
27th April, 2009 The official mouthpiece of Congress Volume 1 Issue 1
ANOTHER MILESTONE BY SRC
• Yirenkyi sworn – in as Chief Justice
Story: Fred Appiah Amankwah
Opare - Akuffo Yirenkyi was sworn – in last Friday April 24, 2009 as the first Chief Justice of the Students Representative Council of the African University College of Communications (A.U.C.C).
He took his oath of office before the 4th sitting of Congress. This was done in consonance and consolidation of the newly promulgated constitution of the SRC. In his capacity as Chief Justice, he leads the Judicial Council of the SRC which comprises of five other Justices. On the same occasion, Godfred Tetteh was also sworn – in as the Judicial Recorder.
The SRC President, Mr. Henry Marbell who administered the oath of office to them, congratulated them on their approval by Congress and charged them to be “fair, firm and objective in the performance of their functions.”
Rt. Hon. Joyce Tindana, Speaker of Congress commended the President for the timely appointments and for gracing the occasion. She was particularly elated that the Chief Justice had been appointed from Congress. She said, “it shows how diligent and capable members of the House are as well as their conduct within the student body at large”. “Opare has our full support and we wish him all the best in the discharge of his duties”, she added.
Opare - Akuffo yirenkyi who now bears the title of Chief Justice is a final year student of AUCC pursuing Communications Studies programme. He doubles as the President of the Journalists for Human Rights (JHR), a club on campus. Prior to the institution of Congress, of which is a member, he was a very instrumental member of the Constitutional Review Committee – Otoo Committee as it was popularly known. His Lordship, Opare - Akuffo is famous for his outspokenness and his association with the club called Kyekyeku.
Godfred Tetteh who is also in his final year is an adept poet and a member of the Face Aids AUCC, a club on campus.
According to Article six (6) of the SRC constitution: “The structure of Council in order of enormity shall be; Executive Council, Congress, The Judicial Council, The Permanent and Adhoc Committees”. Not long after the promulgation of the new constitution, the Executive Council instituted Congress and elections were held within the various classes for representatives. This process was largely
successful and presently Congress is functioning effectively within the tenets of the constitution.
In order to activate the principles of separation of powers, checks and balances as well as rule of law entrenched in the constitution. Article 9 subsection (c) i of the constitution demanded “ the Chief Justice who shall be appointed by the President subject to Congress approval, and subject to this constitution, be the head of the Judicial Council and shall be responsible for the administration and supervision of the Judicial Council”.
Amongst the many functions of the Judicial Council, Article 9 subsection (c)i states that it shall “have original jurisdiction on every matter relating to interpretation and enforcement of any provision in this constitution and in every matter where it is alleged that a body of persons have acted ultra vires to the powers conferred on them by the constitution”.
With the strict adherence to the constitution, it is expected that more appointments would be made subject to approval by Congress to man the various Permanent and Adhoc Committees.
Friday, April 3, 2009
AUCC SRC CONSTITUTION
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AFRICAN UNIVERSITY COLLEGE OF COMMUNICATIONS
STUDENTS REPRESENTATIVE COUNCIL (SRC) CONSTITUTION
Preamble
IN THE NAME OF THE ALMIGHTY GOD,
We the students of the African University College of Communications (AUCC),
COMMITTED to our belief in democracy, the rule of law and the promotion and safeguarding of student’s rights and responsibilities,
RECOGNIZING the need for an organized student body to articulate our views, seek our welfare, organize and coordinate our activities, liaise with the administration of the school and also promote generally our welfare nationally,
DESIROUS to participate actively in all national development programmes of this country taking into consideration the importance of education in national development,
WISHING to create the vital instrument through which we shall equip ourselves theoretically for practical revolutionary service to AUCC, Ghana and humanity as a whole,
CONVINCED of the paramount need for the formation and creation of an effective democratic, pro-active and progressive student’s organization to affect this noble and patriotic ideals,
DO HEREBY ENACT, ADOPT AND GIVE TO OURSELVES THIS CONSTITUTION.
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CHAPTER ONE
THE COUNCIL
Article 1: NAME AND STATUS
a. The council shall be known and called the Students’ Representative Council (SRC) of the African University College of Communications herein referred to as the Council. The Council does not operate in isolation but works with other institutions, Councils and recognized bodies.
b. The Council shall be a non-governmental, non-denominational, non-racial, non-partisan and non-ethnic organization.
Article 2: SUPREMACY OF THE CONSTITUTION
a. The constitution shall be the supreme authority of all students, clubs and associations among the student body and any other constitution found to be inconsistent with it to the extent of its inconsistency would be null and void.
b. For any student group(s), clubs or associations to come into existence within the University, it shall first notify the Council
c. Notwithstanding article2 (a), this constitution shall be subject to the laws of the University
Article 3: ENFORCEMENT OF THE CONSTITUTION
a. All students shall adhere to all the provisions of this constitution.
b. In view of achieving clause (a) of this article, the Executive Council, Judicial Council and Congress shall have its officers and members subscribe to an oath of allegiance and oath of office to the Council when being inducted into office.
c. Any student(s) who alleges that:
(i). an act or omission of any person
(ii). a by law or a decision of a body
is inconsistent with or is in contravention of a provision of this constitution, may bring an action to the Judicial Council for a declaration to that effect.
d. For the purpose of declaration under clause(c) of this article, the Judicial Council shall make such orders and give such directions as it may consider appropriate for giving effect to the declaration so made.
e. Any student(s) or student body, to whom an order or direction is addressed under clause (d) of this article by the Judicial Council, shall duly obey and carry out the terms of an order or direction
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f. Failure to obey or carry out the terms of an order or direction made or given under clause(d) of this article constitutes a violation of this constitution and shall in the case of:
i. A student, not being eligible for election or for appointment to any office of the council.
ii. An Executive, Judicial and Congress Officer, constitutes a valid ground for the removal from office.
Article 4: MEMBERSHIP
a. All students admitted into the University shall be automatic members of the Council.
Article 5: AIMS AND OBJECTIVE
The aims and objectives of the Council shall include but not limited to the following:
a. Creating an effective liaison between the student body and the University in matters concerning academic work, discipline, welfare, referrals and administrative decisions affecting the University’s activities, individuals or the student body.
b. Promote unity among students.
c. Organize and promote student activities and participate in external programmes with other institutions that will bring about togetherness.
d. Promote African values to project the ideology of the University.
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CHAPTER TWO
ORGANIZATION OF THE COUNCIL
Article 6: STRUCTURE
The structure of the Council in order of enormity shall be;
a. Executive Council
b. Congress
c. The Judicial Council
d. Permanent and Ad-hoc Committees.
Article 7: CONGRESS, COMPOSITION AND DUTIES
a. Congress shall be the parliamentary arm of the council which shall be the second highest decision making body.
b. Congress shall be made up of:
i, Speaker who shall be appointed by the President, subject to Congress approval and shall be the head of Congress and chair all meetings and proceedings.
ii. Deputy Speaker who shall act in the absence of the Speaker
iii. Clerk who shall be responsible for secretarial duties of Congress.
iv. Presidents and Vice-Presidents of all recognized clubs and associations under the Council.
v. Five(5) representatives from each class including the class representatives
vi. All Officers of the Executive Council except the President and the Vice-President.
c. The duties of congress shall include the following but not limited to;
i. Vet and approve all nominees for position under the Council.
ii. Receive and discuss budget of the Council.
iii. Debate issues concerning the interest of students and may pass resolutions on them
iv. Have the right to call upon an Executive or member(s) of Congress to explain issues concerning students.
v. Shall determine at the beginning of every academic year, the allowances and other benefits of the Executive Council Members.
d. All members of Congress shall be known and called Congress men and women
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Article 8: EXECUTIVE COUNCIL, COMPOSITION AND DUTIES.
a. The Executive Council shall be the highest decision making body which shall comprise of all the Executive Council Members namely;
i. President
ii. Vice president
iii. General Secretary
iv. Public Relations Officer (PRO)
v. Organizing Secretary
vi. Financial Secretary/ Treasurer
vii. Welfare Officer
viii. Women’s Commissioner
ix. Local NUGS/GUPS President.
b. The Executive Council shall perform the following functions;
i. Be responsible for the day-to-day administration and direction of the Council
ii. Enforce and maintain discipline in the council
iii. Shall in consultation with Congress appoint a patron or patroness for the Council
iv. Shall in consultation with Congress have power to organize or promote any
activity which is in the interest and well-being of the student body.
v. Shall determine at the beginning of every academic year, the allowances and other benefits of the Speaker, Deputy Speaker, and Clerk of Congress subject to Congress approval.
vi. Shall determine at the beginning of every academic year, the allowances and other benefits of the Judicial Council members subject to Congress approval.
Article 9: JUDICIAL COUNCIL, COMPOSITION AND DUTIES
a. Justice emanates from the people and shall be administered in the name of the Council by the Judicial Council which shall be independent and subject only to this constitution. The Judicial Council shall comprise of ;
b. i. The Chief Justice who shall be appointed by the President subject to Congress approval, and subject to this constitution, be the head of the Judicial Council and shall be responsible for the administration and supervision of the Judicial Council.
ii. Judicial Recorder who shall perform the Secretarial duties of the Judicial
Council.
iii. Five other persons appointed by the Chief Justice subject to Congress approval who shall be known as Justices.
c. The Judicial Council shall perform the following functions;
i. Have original jurisdiction on every matter relating to the interpretation and
enforcement of any provision in this constitution and in every matter
where it is alleged that a body of persons have acted ultra vires to the
powers conferred on them by this constitution.
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ii. Have appellate jurisdiction in every issue relating to resolving conflict between students or group of students
iii. Have jurisdiction in cases of disputes between two (2) or more students, clubs and or associations under the Council.
iv. Have appellate jurisdiction against electoral disputes lodged against the electoral commissioner
v. Address petitions of electoral disputes within 24 hours
vi. Notwithstanding clause (v) of this article, the Judicial Council shall within 72 hours give hearing to any other petition brought before it.
vii. All decisions of the Judicial Council shall be binding and final without prejudice to any person(s).
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CHAPTER THREE
ELECTIONS AND REMOVAL OF OFFICERS
Article 10: QUALIFICATION FOR ELECTION
a. Aspirants contesting for any position of the council shall:
i. Be a full time student of the University
ii. Have one academic year ahead of him
iii. Not have been convicted of any criminal charge by any competent court of jurisdiction both within and outside Ghana.
iv. Not have been found guilty of any disciplinary charge leveled against him by the Judicial Council.
b. All appointees of the Judicial Council and Congress shall satisfy Article10 clause (a) sub-sections (i-iv) above.
Article 11: GROUNDS FOR REMOVAL FROM OFFICE
a. Any officer who proves incapable of holding office shall be removed before his term of office expires;
b. Such incapacity of an Officer shall include;
i. To have acted in a manner that contradicts and/or contravenes the provisions of this constitution.
ii. To have acted in a manner that has brought or is likely to bring the reputation of his office and that of the Council into disrepute, ridicule or contempt.
iii. To have embezzled or misused funds and other assests of the Council.
iv. To be unable/incapable to perform his duties by reason of physical and/or mental incapability.
v. To have neglected his duties as an Officer of the Council.
vi. To be disloyal to the Council.
c. Any officer, against who a charge of embezzlement, inefficiency, including failure to carry out legitimate instruction without tangible excuse, use of position for private gains or inactivity is leveled, shall face congress for hearing.
d. Any officer who violates any article or by-law of the council shall lose his right to membership either temporally or entirely as may be determined by the Council upon recommendations of the Judicial Council.
e. Such Officers so expelled shall have the right to appeal to the Judicial Council within five working days.
f. Where vacancy occurs as a result of expulsion, resignation, or suspension, the Executive Council shall nominate a member subject to Congress approval to fill the vacancy.
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g. Notwithstanding the above clauses, any Officer who wishes to resign shall do so in a written letter, stating his reason(s) to Congress through the Executive Council.
Article 12: PROCEDURE FOR REMOVAL FROM OFFICE OF AN EXECUTIVE OFFICER
a. For the purpose of the removal from office of an Executive Officer, a notice in writing shall be given to the Judicial Council head who shall notify all members of the Council.
b. The notice referred to in the clause above shall be accompanied by a statement setting out in detail, the facts, supported by the necessary documents on which the removal is sought.
c. The Judicial Council shall within two weeks add its independent opinion to the facts as to its merits or otherwise.
d. The Speaker of Congress shall convey a Congress meeting within one week after submission of the Judicial Council’s independent report.
e. Impeachment proceedings shall commence where applicable.
ARTICLE 13: PROCEDURE FOR REMOVAL FROM OFFICE OF A CONGRESS OFFICER.
a. For the purpose of the removal from office of a Congress Officer, a notice in writing shall be given to the Judicial Council head who shall notify all members of the Council.
b. The notice referred to in the clause above shall be accompanied by a statement setting out in detail, the facts, supported by the necessary documents on which the removal is sought.
c. The Judicial Council shall within two weeks add its independent opinion to the facts as to its merits or otherwise.
d. The Speaker of Congress or the Deputy Speaker of Congress shall convey a Congress meeting within one week after submission of the Judicial Council’s independent report.
e. Impeachment proceedings shall commence where applicable.
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ARTICLE 14: PROCEDURE FOR REMOVAL FROM OFFICE OF A JUDICIAL COUNCIL OFFICER.
a. For the purpose of the removal from office of a Judicial Council Officer, a notice in writing shall be given to the Executive Council head who shall notify all members of the Council.
b. The notice referred to in the clause above shall be accompanied by a statement setting out in detail, the facts, supported by the necessary documents on which the removal is sought.
c. The Executive Council shall within two weeks add its independent opinion to the facts as to its merits or otherwise.
d. The Speaker of Congress shall convey a Congress meeting within one week after submission of the Executive Council’s independent report.
e. Impeachment proceedings shall commence where applicable
Article 15: IMPEACHMENT PROCEEDURES
a. For the purpose of impeachment, Congress shall constitute upon the presence of not less than two-thirds of Congress members.
b. Congress shall hear the facts of the allegations given due recognition to the rules of natural justice.
c. An officer ceases to hold office upon the approval of seventy percent (70%) of Congress members present at the sitting.
d. The President shall appoint a person to act in such a capacity until a substantive officer is elected
Article 16: VACANCY OF OFFICE
a. An office shall be considered vacant if any officer;
i. Suffers an impeachment.
ii. Vacates his office for twenty one working days without any official notice
to the Executive Council and Congress.
iii. Resigns from office, dies or is incapacitated by ill health from
performing his functions.
b. The President shall notify the Judicial Council and Congress of any such occurrences.
c. Congress shall within seven days upon receiving such notice authorize the Electoral commission to organize an election to elect a substantive officer to assume the vacant position.
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d. In the event of the Vive-President resigning, the President shall nominate a person for the office of the Vice-President subject to Congress approval.
Article 17: REGULATIONS GOVERNING ELECTIONS
a) The Electoral Commissioner shall
i. Compile an electoral register
ii. Make rules for the conduct of elections and publish it at least 12hours before voting starts.
b) Where necessary, Congress shall formulate additional electoral by-laws
c) Aspirants shall have written copies of both documents within the above time frame before voting starts.
Article 18: VOTING
a. Voting shall be by secret ballot.
b. A person shall be considered as duly elected by simple majority.
c. An unopposed candidate shall have fifty percent plus one of the valid votes cast.
d. The electoral commission shall re-open nomination upon the unfulfillment of clause (c) above.
e. In the event of the same candidate returning unopposed for the second time, he shall be deemed duly elected.
Article 19: DECLARATION OF ELECTION RESULTS
a. The Electoral Commission shall declare the provisional election results within twenty minutes after counting of votes.
b. Notwithstanding clause (a) above, the Electoral Commissioner shall inform the Judicial Council of the reasons for any delay.
Article 20: CHALLENGING OF ELECTION RESULTS
a. A person may challenge the results of an election at least two hours after the declaration of the provisional electoral results in respect of which the petition is presented.
b. The electoral commission shall proceed to declare the unchallenged results after the above time.
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c. The challenge shall be in the form of petition addressed to the Judicial Council head (the Chief Justice)
d. The Judicial Council findings shall be made known to the electoral commission within twenty four hours after the petition had been received by the Chief Justice.
e. A declaration of the Judicial Council shall be binding without prejudice to anyone.
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CHAPTER FOUR EXECUTIVE AUTHORITY OF THE COUNCIL, COMMITTEES AND COMMISSIONS. Article 21: THE EXECUTIVE AUTHORITY
a. The Executive Authority of the Council shall vest in the President and shall be exercised in accordance with the provisions of this constitution.
b. The Executive Authority of the Council shall extend to the execution and maintenance of this constitution and all laws made under or continued in force by this constitution.
c. Subject to the provisions of this constitution, the functions conferred on the President by clause (a) of this article may be exercised by him either directly or through his officers subordinates to him.
d. Except as otherwise provided in this constitution or by law not inconsistent with this constitution, all Executive acts of the Council shall be expressed to be taken in the name of the President.
e. The Executive Authority of the Council shall be exercised in order of enormity:
i. The President
ii. The Vice-President
iii. General Secretary
iv. Public Relations Officer (PRO)
v. Organizing Secretary
vi. Financial Secretary/ Treasurer
vii. Welfare Officer
viii. Women’s Commissioner
ix. Local NUGS/GUPS President.
Article 22: COMMITTEES AND COMMISSIONS The following committees and commissions shall be constituted within the council:
i) Electoral commission
ii) Finance committee
iii) Sponsorship and program committee
iv) Welfare committee
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v) Vetting committee
vi) Sports committee
vii) Audit committee
viii) Notwithstanding the above clauses, ad-hoc committees shall be formed when needed.
Article 23: AUDIT COMMITTEE
a. There shall be an Audit Committee of the Council which shall be headed by the Auditor-General who shall be appointed by the President subject to Congress approval. The Audit Committee shall account only to Congress
b. The accounts of the Council and all the committees and commissions established under this constitution or by a resolution of Congress shall be audited and reported by the committee to Congress.
c. For the purpose of clause (b) of this article, the Audit Committee shall
i. Have access to all books, records, returns and other documents relating to financial transactions or that may be relevant to those accounts.
ii. Have the power to subpoena any person including members of the Executive Council through the Judicial Council to appear before it.
d. The findings of the committee shall be communicated to Congress and the Executive Council together with its opinions as to the transparency or otherwise of the transactions undertaken by the Council, its Commissions or Committees.
e. The Audit Committee shall be constituted by Congress which shall have seven members.
f. External Auditors shall be called in when necessary.
g. The Audit Committee shall submit its final findings at least one month before the Councils year comes to an end.
h. The decision of the Audit Committee shall be final. Officers who may be adversely affected by the Audit Report shall within fourteen days make attempt and within twenty one day’s pay off and/or return assests of the Council.
i. Failure to do that, the Council shall adopt all possible legal means to retrieve the money and/or other assests of the Council.
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Article 24: VETTING COMMITTEE
a. Without prejudice to any provision to this constitution, any student aspiring to any position shall be subject to vetting by a seven member committee constituted by the President in consultation with the Executive Council subject to Congress approval.
b. The Vetting Committee shall not be subjected to any instruction of any person or body in the performance of its duties.
c. There shall be two Executive Council members at the Vetting Committee but shall not chair it.
d. It shall be responsible for ensuring that candidate(s) for any election under this Constitution satisfy requirements provided for in this Constitution or regulation as may be set out by the Electoral Commission.
e. It shall recommend or nullify a person’s candidature after vetting based on justifiable grounds.
f. Vetting results shall be declared not later than 24hours after vetting.
g. The Vetting Committee shall submit a confidential report to the Judicial Council after the performance of its duties.
h. A candidate who is affected by the Vetting Committee decision shall have 24hours within which to appeal to the Judicial Council.
Article 25: FINANCE COMMITTEE
a. The finance committee shall be chaired by the financial secretary/treasurer.
b. The committee shall be made up of not more than five persons who shall be appointed by the Executive Council excluding the financial secretary.
c. The committee shall assist the financial secretary/treasurer in discharge of his duties, though not exclusive to those specified in Article (35)
Article26: SPONSORSHIP AND PROGRAMMES COMMITTEE
a. The organizing secretary shall be mandated to nominate persons to form the sponsorship and programs committee in consultation with the Executive Council
b. The committee shall be responsible for the organization of the activities of the council and engage in sponsorship drive for the council.
c. The committee membership shall not exceed seven.
d. The Organizing Secretary shall however be the chairman of the committee
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Article 27: WELFARE COMMITTEE
a. The duties of the Welfare Committee are subject to those of the Welfare Officer outlined in Article (36) of this constitution.
Article 28: SPORTS COMMITTEE
a. The sports committee shall be constituted by the Organizing Secretary and shall be responsible for organizing sporting activities of the council.
b. It shall be responsible for the promotion of sports in the University.
c. The committee shall be made up not more than eleven persons who shall not be members of the executive council.
d. The Organizing Secretary shall however be a member of the committee but shall not chair it.
Article 29: ELECTORAL COMMISSION
a. The Electoral Commission shall be headed by the Electoral Commissioner who shall be appointed by the President and be responsible for the conduct of all elections of the council.
b. Two members from every class shall be nominated to serve on the Commission
c. An Executive Officer from the Council shall be appointed to serve on the commission but shall not chair.
d. Any member who expresses interest in contesting for office of the Council shall relinquish his membership on the commission.
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CHAPTER FIVE DUTIES OF OFFICERS Article 30: THE PRESIDENT
a. There shall be a President of the Council who shall be the head and the official mouthpiece of the Council.
b. The President shall take precedence over all other officers and persons of the council; and in descending order, the Vice-President, the Speaker of Congress and the Chief Justice, shall take precedence over all other persons and officers of the Council.
c. Before assuming office, the President shall take and subscribe before the students the Oath of Allegiance and the Presidential Oath set out in the first schedule to this constitution.
d. Shall in consultation with the General Secretary convene and preside over all Executive Council meetings.
e. Shall sign all documents and correspondence on behalf of the Council.
f. Shall be a co-signatory to the council’s bank account.
g. Shall see to the day-to-day implementations of the decision of Congress and other Committees.
h. Shall address the first and last meetings of Congress in each semester, giving the state of the Council address.
Article 31: THE VICE PRESIDENT AND SUCCESSION TO THE PRESIDENCY
a. There shall be a Vice-President to the Council who shall perform such functions as may be assigned to him by this constitution or by the President
b. A candidate for the office of the Vice-President shall be designated by the candidate for the office of the President before the election of the President.
c. The provisions of Article 10 of this constitution apply to a candidate for the office of the Vice- President.
d. A candidate shall be deemed to be duly elected as Vice-President if the candidate who designated him as candidate for election to the office of the Vice-President has been duly elected as President in accordance with the provisions of article 10 of this constitution.
e. The Vice-President shall before commencing to perform the functions of Vice- President, take and subscribe the Oath of Allegiance and the Vice- Presidential Oath set out in the first schedule to this constitution.
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f. Whenever the President dies, resigns or is removed from office, the Vice-President shall assume office as President for the unexpired term of the office of the President with effect from the date of the death, resignation or removal of the President.
g. The Vice-President shall before commencing to perform the functions of the President under clause (f) of this article take and subscribe the Presidential Oath set out in the first schedule to this constitution.
h. The Vice-President shall, upon assuming office as President under clause (f) of this article, nominate a person to the office of Vice-President subject to approval by Congress.
i. Where the President and the Vice-President are both unable to perform the functions of the President, the Speaker of Congress shall perform those functions until the President or the Vice-President is able to perform those functions or a new President assumes office as the case may be.
j. The Speaker shall, before commencing to perform the functions of the President under clause (i) of this article, take and subscribe the Oath set out in relation to the office of President.
k. Where the Speaker of Congress assumes the office of President as a result of the death, resignation or removal from office of the President and the Vice-President, there shall be a Presidential election within three weeks after his assumption of office.
l. Where the Speaker of Congress assumes the office of President as a result of the death, resignation or removal from office of the President and the Vice-President, he shall perform ceremonial functions only but not Executive functions.
m. The Executive Functions shall be performed in order of enormity as outlined in Article (21) of this constitution.
Article 32: THE GENERAL SECRETARY
a. Shall keep accurate records of all proceedings of Executive Council meetings.
b. Shall compile official records of the Council and its committees and commissions.
c. Shall be a co-signatory to the council’s bank account.
d. Shall be a co-signatory to all correspondence and documents of the councils
e. Shall be the custodian to all the Council’s documents and correspondence.
f. Any other duty as may be assigned by the President or Congress
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Article 33: THE PUBLIC RELATIONS OFFICER (PRO)
a. Shall coordinate between the Council and the student body.
b. Shall promote programmes within the Council.
c. Shall be responsible for enquiries and inquiries upon consultation with the President and the Vice-President.
d. Shall be the communication link between the Council and the student body.
e. Any other duty as may be assigned by the President or Congress
Article 34: THE ORGANIZING SECRETARY
a. Be responsible for establishing, monitoring and coordinating field projects or activities.
b. Be responsible for developing, packaging, organizing and executing all programmes of the Council.
c. Be responsible drawing budget for specific programmes or activities.
d. Any other duty as may be assigned by the President or Congress
Article 35:.THE FINANCIAL SECRETARY/TREASURER
a. Be responsible for the proper management of the finances of the Council.
b. Ensure that proper books are kept and that all monies are accounted for.
c. Maintain a register for all assets of the council.
d. Present audited financial statement to Congress or as requested by the Executive Council or by resolution of Congress.
e. Present a budget to Congress at the beginning of every semester.
f. Assist Council’s representatives, in collection of monies before organized programmes by the Council.
g. Be a co-signatory of the Council’s bank account.
h. Any other duty as may be assigned by the President or Congress
Article 36: THE WELFARE OFFICER
a. Be responsible for the formation of a Welfare Committee in consultation with the Executive Council subject to approval of congress.
b. Preside over all Welfare Meetings and Counseling.
c. Interact with individuals and draft Welfare Promotional Programmes and activities for consideration at meetings.
d. Draft and determine from time to time Welfare benefits for members.
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e. Liaise with lecturers on the performance of the students and report standards to the Executive Council.
f. Mediate and counsel students on disciplinary issues and school code.
g. Any other duty as may be assigned by the President or Congress
Article 37: THE WOMEN’S COMMISSIONER
a. Be responsible for organizing the women in the University for Activities that seek to promote their welfare and well-being as women.
Article 38: THE LOCAL NUGS/GUPS REPRESENTATIVE
a. Be liaison between the University in all meeting of NUGS/GUPS and shall represent the University in all meetings of NUGS/GUPS, unless otherwise stipulated
. Article 39: THE EXECUTIVE OATH
a. All Executive Officers before commencing to perform the functions of an Executive member takes take and subscribe the Oath of Allegiance and the Executive Oath set out in the first schedule to this constitution.
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CHAPTER SIX SOURCES OF FINANCE FOR THE COUNCIL ARTICLE 40: FINANCE
a. The Council shall be financed through the following means:
b. Council dues charged to semester fees which shall be channeled into the account of the Council
c. Contributions by members of the Council
d. Proceeds from the Council’s projects
e. Donations with no string attached
f. Sponsorship
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CHAPTER SEVEN LOCAL NUGS/GUPS SECRETARIAT AND ITS DUTIES Article 41: LOCAL NUGS/GUPS SECRETARIAT
a. There shall be a Local NUGS/GUPS Secretariat which shall be deemed part of the Council of the University.
b. The Secretariat shall comprise of the Local NUGS/GUPS President, the Local NUGS/GUPS Secretary, Local NUGS/GUPS Treasurer and the Women’s Commissioner.
c. The Local NUGS/ GUPS Secretary and Treasurer shall be appointed by the Local NUGS/GUPS President with the approval of the Executive Council.
Article 42: DUTIES OF THE LOCAL NUGS/GUPS SECRETARIAT
a. The Local NUGS/GUPS Secretariat shall serve as a liaison between the Council and the National Secretariat.
b. The Local NUGS/GUPS Secretariat shall be accountable to the Council.
c. The Local NUGS/GUPS Secretariat shall make all correspondence of NUGS/GUPS public, for public consumption.
ARTICLE 43: DUTIES OF THE LOCAL NUGS/GUPS SECRETARY
a. Shall keep accurate records of all proceedings of the Local NUGS/GUPS Secretariat.
b. Shall compile official records of the Local NUGS/GUPS Secretariat
c. Shall be a co-signatory to all correspondence and documents of the Local NUGS/GUPS Secretariat
d. Shall be the custodian to all the Local NUGS/GUPS Secretariat’s documents and correspondence.
e. Be liaison between the University in all meeting of NUGS/GUPS and shall represent the University in all meetings of NUGS/GUPS, unless otherwise stipulated
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ARTICLE 44: DUTIES OF THE LOCAL NUGS/GUPS TREASURER
a. Be responsible for the proper management of the finances of the Secretariat
b. Ensure that proper books are kept and that all monies are accounted for.
c. Maintain a register for all assets of the secretariat.
d. Present a budget to the Executive Council through the Financial Secretary/Treasurer at the beginning of every semester.
ARTICLE 45: FINANCE The Local NUGS/GUPS Secretariat shall be financed through the following means:
a. Ten percent (10%) of all the Council’s fees charged to semester fees.
b. Donations with no string attached.
c. Sponsorships.
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CHAPTER EIGHT MEETINGS AND QUORUM Article 46: CONGRESS MEETINGS
a. Congress meetings shall take place at least twice every semester at a time and place to be determined by the Speaker of Congress.
b. Seven days notice shall be given to convene Congress meeting, stating the agenda, venue, date and times for such meetings.
c. The Speaker shall direct the Clerk to communicate all changes in Agenda, Venue, Date and Time or postponements of meetings to members.
d. Decisions of Congress
i. Decision taken by Congress shall be binding in their entirety.
ii. Recommendations shall be binding to the aims to be pursued but shall leave the choice of the appropriate method for achieving those aims to those whom the recommendations are addressed to.
e. Emergency Congress meetings may be convened at any time before the regular days of meeting when circumstances so justify.
f. Notwithstanding clauses (a) and (e) of this article, an extra-ordinary Congress meeting shall be conveyed after the general elections to vet and approve nominees for the appointment as Judicial Council and Congress Officers.
g. The Executive Council and the Judicial Council shall however meet as and when they deem fit.
Article 47: QUORUM
a. A quorum of Congress, apart from the person presiding shall be one –third of all members of Congress.
b. Quorum for Executive Council and Judicial Council shall be determined by them respectively.
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CHAPTER NINE CLUBS AND ASSOCIATIONS Article 48: CLUBS AND ASSOCIATIONS
a. All Clubs and Associations or Groups in the University shall be subject to the laws of the Council, within the frame work of the laws of the University.
b. Clubs, Associations or Groups that wish to hold any meetings or programmes shall first notify the Council
c. Any person or persons with the intention of forming a Club or an Organization shall first notify the Executive Council which shall forward their application with the Council’s recommendations to Management for approval.
d. The aims and objectives of such person or persons shall not be inconsistent with the laws of the Council and the University.
e. Clubs and Associations shall within ten (10) working days after re-opening submit their programme of activities for the semester to the Council through the Executive Council.
f. At least ten students can form a new Club or Association within the Council who shall submit their constitution, mission statement and their overall objectives to the Executive council for approval.
g. The mission statements of new Clubs and/or Associations shall conform to the overall mission statement of the University.
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CHAPTER TEN MISCELLENOUS Article 49: UNCONSTITUTIONAL PORTFOLIOS
a. The Council shall not recognize any leadership structure or designation erected into its fold by any establishment or authority within or outside its confines unless by due amendment of this Constitution.
b. The Council shall therefore dissociate itself from the utterances and actions of such persons.
Article 50: VOTING
a. All decisions at all levels of the Council shall be reached by consensus. Where this fails, voting shall be by simple majority of votes cast unless otherwise decided by this Constitution.
b. Members abstaining shall be considered as non-voting.
Article 51: STANDING ORDERS
a. The Executive Council, Congress, Judicial Council and all other committees/commissions of the Council shall adhere and be guided by the standing orders of the Council at all times.
b. The Standing Orders of the Council are clearly spelt out in the Standing Orders of Congress.
Article 51: COLLECTIVE RESPONSIBILITY
a. All members of the Executive Council, Congress, Judicial Council and all other committees/commissions and delegations shall be jointly and severally responsible for any decision(s) they take.
b. Notwithstanding clause (a) above, satisfactory reason(s) may be accepted and member(s) exonerated from the consequence(s) arising out of a decision, action or omission on their part.
Article 52: RESIDUAL POWERS OF THE COUNCIL
a. Where on any matter or issue, no provision has been made for it in this Constitution, the Executive Council in consultation with the Judicial Council shall issue directives and provide for that matter or issue as it may deem fit.
b.
Article53: THE COUNCIL’S HANDING – OVER CEREMONY
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a. The Council’s Handing – Over Ceremony shall take place within Eight (8) weeks after elections.
b. The Ceremony shall be organized by both the Out – Going and the In – Coming Officers or an ad-hoc committee established to perform such task.
c. Both the Out – Going President and the In – Coming President shall address the gathering.
d. Notwithstanding clause (c) above, the organizers may invite other dignitaries to address the ceremony.
e. Swearing – In of new executive shall be done by the Out – Going Chief Justice or any other person appointed to do so.
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CHAPTER ELEVEN AMENDMENTS, BY-LAWS AND INTERPRETATIONS Article 54: AMENDMENTS AND AMENDMENT PROCEDURE ENSHRINED PROVISIONS
a. Subject to the provision of this constitution, Congress shall reserve the powers to amend the enshrined provisions of this constitution.
b. A proposal for an amendment to an enshrined provision of this constitution shall have at least the signatures of eleven Congress Members including that of the member moving for an amendment.
c. A proposal for an amendment shall be sent to Members of Congress at least two weeks before Congress meets.
d. The President and the Speaker shall be notified of the proposal of an amendment at least two weeks before Congress meets.
e. The Speaker shall notify the Clerk of Congress to make the amendment proposal part of the agenda of Congress meeting.
f. Congress shall discuss the amendment proposal to consider the merits of it.
g. An amendment shall take effect by two-thirds of the Congress Members present and voting.
h. Congress shall communicate its decision in a letter to the Executive Council and the Judicial Council.
ENTRENCHED PROVISIONS
i. Chapters One, Two, Three, Four, and Nine shall be considered as entrenched provisions.
j. A proposal for an amendment to an entrenched provision shall have the signatures of 50% of Congress Members including that of the member(s) moving for an amendment and 30 signatures of non-Congress Members from various classes (Diploma and Degree) and copied to both the Executive Council and Congress.
k. A proposal for an amendment of an entrenched provision shall be considered by the Executive Council and Congress.
l. The Executive Council and Congress upon consideration shall mandate the Judicial Council to make an independent opinion to Congress.
m. Pursuant to clause (l) above, the Executive Council shall appoint not more than four additional members to join the Judicial Council in its sittings on the amendment.
n. Upon the submission of the independent opinion of the Judicial Council, a Referendum shall be organized where applicable for the purpose of the amendment.
o. The Executive Council shall mandate the Electoral Commission to organize a Referendum within seven (7) days after the submission of the independent opinion by the Judicial Council.
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p. Entrenched provisions shall be duly amended by 70% majority of votes in favour of the total votes cast.
Article 55: BY-LAWS
a. This Constitution allows By-Laws which the Executive Council shall deem appropriate to promote the Council’s aims and objectives subject to Congress approval.
b. Where at any level, a by – law is found to be inconsistent with any provision of this Constitution, the Constitutional provision shall reign supreme.
Article 56: INTERPRETATION OF THE CONSTITUTION
a. The Judicial Council shall reserve the power to interpret the provisions of this constitution whenever an ambiguity arises;
b. It shall also rule on matters in the Constitution which is silent, within the framework of the laws of the University.
c. Any such ruling or interpretation shall become a precedent and documented accordingly in a special file for that purpose until it is amended, annulled or reviewed in accordance with Article (54) of this Constitution
d. In this constitution unless the context otherwise requires
i. Article means an Article of this Constitution
ii. Council refers to the Students’ Representative Council
iii. Congress refers to the Parliamentary arm of the Council.
iv. Functions and duties refers to powers and responsibilities
v. Any pronouncement made in this constitution in the form of a pronoun shall be deemed to include female.
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FIRST SCHEDULE FORMS OF OATHS THE OATH OF ALLEGIANCE I ……………………………………………………………………………………… do ( in the name of the Almighty God swear )(solemnly affirm) that I will bear true faith and allegiance to the Students’ Representative Council ( SRC) of the African University College of Communications (AUCC), as by law established: that I will uphold the sovereignty and integrity of the council; and that I will preserve, protect and defend the constitution of the council (so help me God). To be administered by the SRC President THE PRESIDENTIAL OATH I …………………………………………………………………………………………… having been elected to the high office of the SRC President of the Students’ Representative Council(SRC) of the African University College of Communication (AUCC) do ( in the name of God Almighty swear) (solemnly affirm) that I will be faithful and truthful to the Council; that I will at all times preserve, protect and defend the Constitution of the Council; and that I dedicate myself to the service and well-being of the students of AUCC and do rights to all manner of all persons. I further (solemnly swear) (solemnly affirm) that should I at any time break this oath of office I shall submit myself to the laws of the Council as well as the University and suffer the penalty for it. (So help me God) To be administered by the Chief Justice or any other person appointed to do so. THE VICE-PRESIDENTIAL OATHS I …………………………………………………………………………………………… having been elected to the high office of the Vice-President of the Students’ Representative Council(SRC) of the African University College of Communication (AUCC) do ( in the name of God Almighty swear) (solemnly affirm) that I will be faithful and truthful to the Council; that I will at all times preserve, protect and defend the Constitution of the Council; and that I dedicate myself to the service and well-being of the students of AUCC and do rights to all manner of all persons. I further (solemnly swear) (solemnly affirm) that should I at any time break this oath of office I shall submit myself to the laws of the council as well as the university and suffer the penalty for it. (So help me God)
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To be administered by the Chief Justice or any other person appointed to do so. THE EXECUTIVE OATH I.................................................................... do (in the name of God Almighty swear) (solemnly affirm) that I will at all times well and truly serve the SRC of the African University College of Communications (AUCC) in the office of ………………………………………… and that I will uphold, preserve, protect and defend the Constitution and laws of the Council as by law established. (So help me God) To be administered by the Chief Justice. THE JUDICIAL OATH I.................................................................... having been appointed (Chief Justice or a member of the Judicial Council, do (in the name of God Almighty swear) (solemnly affirm) that I will bear true faith and allegiance to the SRC of the African University College of Communications (AUCC) as by law established that I will uphold the sovereignty and integrity of the Council and that I will truly and faithfully perform the functions of my office without fear or favor, affection or ill will; and that I will at all times uphold, preserve, protect and defend the Constitution and laws of the Council. (So help me God) To be administered by the SRC President before Congress. THE SPEAKER ‘S OATH I ……………………………………………………………………………………… do ( in the name of the Almighty God swear) (solemnly affirm) that I will bear true faith and allegiance to the Students’ Representative Council ( SRC) of the African University College of Communications (AUCC), as by law established: that I will uphold the integrity of the Council; and that I will faithfully and conscientiously discharge my duties as speaker of congress; and that I will uphold preserve, protect and defend the Constitution of the Council: and that I will do right to all manner of persons in accordance with the Constitution of the Council and the laws and conventions of Congress without fear or favor, affection or ill-will (so help me God). To be administered by the SRC President before Congress
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THE OATH OF MEMBER OF CONGRESS I …………………………………………………………………………………………… having been elected a Member of Congress of the Students’ Representative Council(SRC) of the African University College of Communication (AUCC) do ( in the name of God Almighty swear) (solemnly affirm) that I will bear true faith and allegiance to the Council; as by law established; that I will uphold preserve, protect and defend the Constitution of the Council; and that I will faithfully and conscientiously discharge the duties of a Member of Congress. (So help me God) To be administered by the Speaker of Congress THE OATH OF THE AUDITOR-GENERAL I …………………………………………………………………………………………… having been appointed Auditor-General of the Students’ Representative Council(SRC) of the African University College of Communication (AUCC) do ( in the name of God Almighty swear) (solemnly affirm) that I will bear true faith and allegiance to the Council; that I will uphold, preserve, protect and defend the Constitution of the Council; and that I will truly and faithfully perform the functions of my office without fear or favor, affection or ill-will(So help me God). To be administered by the SRC President before Congress
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SECOND SCHEDULE TRANSITIONAL PROVISIONS
a. Notwithstanding anything contained in this Constitution, all persons elected or appointed into any position or portfolio of the Council before coming into force of this Constitution, in anticipation of meeting the requirements of this Constitution shall be deemed to have acted for the purpose of this Constitution and shall be deemed to have been duly elected or appointed for the purpose of this Constitution.
b. Notwithstanding anything contained in this Constitution, all activities and meetings of the Council carried out before the coming into force of this Constitution, in anticipation of meeting the provisions of this Constitution shall be deemed to have been duly done for the purpose of this Constitution.
c. This Constitution shall come into force on 30th January 2009
DATED ON THE 30th DAY OF JANUARY 2009 A.D IN ACCRA, GHANA UNDER THE HANDS OF; Signed SOLOMON OTOO CHAIRMAN (CONSTITUTIONAL REVIEW COMMITTEE) AND Signed HENRY MARBELL SRC PRESIDENT (2008/2009 ACADEMIC YEAR)
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CONSTITUTIONAL REVIEW COMMITTEE
1. Solomon Otoo Chairman
2. Antonio Asinyo Edem Kobby Secretary
3. Yirenkyi Opare-Akuffo Convener
4. Linda Mireku Member
5. Leslie Nii Anertey Tetteh Member
6. Dennis Moot Member
AFRICAN UNIVERSITY COLLEGE OF COMMUNICATIONS
STUDENTS REPRESENTATIVE COUNCIL (SRC) CONSTITUTION
Preamble
IN THE NAME OF THE ALMIGHTY GOD,
We the students of the African University College of Communications (AUCC),
COMMITTED to our belief in democracy, the rule of law and the promotion and safeguarding of student’s rights and responsibilities,
RECOGNIZING the need for an organized student body to articulate our views, seek our welfare, organize and coordinate our activities, liaise with the administration of the school and also promote generally our welfare nationally,
DESIROUS to participate actively in all national development programmes of this country taking into consideration the importance of education in national development,
WISHING to create the vital instrument through which we shall equip ourselves theoretically for practical revolutionary service to AUCC, Ghana and humanity as a whole,
CONVINCED of the paramount need for the formation and creation of an effective democratic, pro-active and progressive student’s organization to affect this noble and patriotic ideals,
DO HEREBY ENACT, ADOPT AND GIVE TO OURSELVES THIS CONSTITUTION.
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CHAPTER ONE
THE COUNCIL
Article 1: NAME AND STATUS
a. The council shall be known and called the Students’ Representative Council (SRC) of the African University College of Communications herein referred to as the Council. The Council does not operate in isolation but works with other institutions, Councils and recognized bodies.
b. The Council shall be a non-governmental, non-denominational, non-racial, non-partisan and non-ethnic organization.
Article 2: SUPREMACY OF THE CONSTITUTION
a. The constitution shall be the supreme authority of all students, clubs and associations among the student body and any other constitution found to be inconsistent with it to the extent of its inconsistency would be null and void.
b. For any student group(s), clubs or associations to come into existence within the University, it shall first notify the Council
c. Notwithstanding article2 (a), this constitution shall be subject to the laws of the University
Article 3: ENFORCEMENT OF THE CONSTITUTION
a. All students shall adhere to all the provisions of this constitution.
b. In view of achieving clause (a) of this article, the Executive Council, Judicial Council and Congress shall have its officers and members subscribe to an oath of allegiance and oath of office to the Council when being inducted into office.
c. Any student(s) who alleges that:
(i). an act or omission of any person
(ii). a by law or a decision of a body
is inconsistent with or is in contravention of a provision of this constitution, may bring an action to the Judicial Council for a declaration to that effect.
d. For the purpose of declaration under clause(c) of this article, the Judicial Council shall make such orders and give such directions as it may consider appropriate for giving effect to the declaration so made.
e. Any student(s) or student body, to whom an order or direction is addressed under clause (d) of this article by the Judicial Council, shall duly obey and carry out the terms of an order or direction
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f. Failure to obey or carry out the terms of an order or direction made or given under clause(d) of this article constitutes a violation of this constitution and shall in the case of:
i. A student, not being eligible for election or for appointment to any office of the council.
ii. An Executive, Judicial and Congress Officer, constitutes a valid ground for the removal from office.
Article 4: MEMBERSHIP
a. All students admitted into the University shall be automatic members of the Council.
Article 5: AIMS AND OBJECTIVE
The aims and objectives of the Council shall include but not limited to the following:
a. Creating an effective liaison between the student body and the University in matters concerning academic work, discipline, welfare, referrals and administrative decisions affecting the University’s activities, individuals or the student body.
b. Promote unity among students.
c. Organize and promote student activities and participate in external programmes with other institutions that will bring about togetherness.
d. Promote African values to project the ideology of the University.
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CHAPTER TWO
ORGANIZATION OF THE COUNCIL
Article 6: STRUCTURE
The structure of the Council in order of enormity shall be;
a. Executive Council
b. Congress
c. The Judicial Council
d. Permanent and Ad-hoc Committees.
Article 7: CONGRESS, COMPOSITION AND DUTIES
a. Congress shall be the parliamentary arm of the council which shall be the second highest decision making body.
b. Congress shall be made up of:
i, Speaker who shall be appointed by the President, subject to Congress approval and shall be the head of Congress and chair all meetings and proceedings.
ii. Deputy Speaker who shall act in the absence of the Speaker
iii. Clerk who shall be responsible for secretarial duties of Congress.
iv. Presidents and Vice-Presidents of all recognized clubs and associations under the Council.
v. Five(5) representatives from each class including the class representatives
vi. All Officers of the Executive Council except the President and the Vice-President.
c. The duties of congress shall include the following but not limited to;
i. Vet and approve all nominees for position under the Council.
ii. Receive and discuss budget of the Council.
iii. Debate issues concerning the interest of students and may pass resolutions on them
iv. Have the right to call upon an Executive or member(s) of Congress to explain issues concerning students.
v. Shall determine at the beginning of every academic year, the allowances and other benefits of the Executive Council Members.
d. All members of Congress shall be known and called Congress men and women
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Article 8: EXECUTIVE COUNCIL, COMPOSITION AND DUTIES.
a. The Executive Council shall be the highest decision making body which shall comprise of all the Executive Council Members namely;
i. President
ii. Vice president
iii. General Secretary
iv. Public Relations Officer (PRO)
v. Organizing Secretary
vi. Financial Secretary/ Treasurer
vii. Welfare Officer
viii. Women’s Commissioner
ix. Local NUGS/GUPS President.
b. The Executive Council shall perform the following functions;
i. Be responsible for the day-to-day administration and direction of the Council
ii. Enforce and maintain discipline in the council
iii. Shall in consultation with Congress appoint a patron or patroness for the Council
iv. Shall in consultation with Congress have power to organize or promote any
activity which is in the interest and well-being of the student body.
v. Shall determine at the beginning of every academic year, the allowances and other benefits of the Speaker, Deputy Speaker, and Clerk of Congress subject to Congress approval.
vi. Shall determine at the beginning of every academic year, the allowances and other benefits of the Judicial Council members subject to Congress approval.
Article 9: JUDICIAL COUNCIL, COMPOSITION AND DUTIES
a. Justice emanates from the people and shall be administered in the name of the Council by the Judicial Council which shall be independent and subject only to this constitution. The Judicial Council shall comprise of ;
b. i. The Chief Justice who shall be appointed by the President subject to Congress approval, and subject to this constitution, be the head of the Judicial Council and shall be responsible for the administration and supervision of the Judicial Council.
ii. Judicial Recorder who shall perform the Secretarial duties of the Judicial
Council.
iii. Five other persons appointed by the Chief Justice subject to Congress approval who shall be known as Justices.
c. The Judicial Council shall perform the following functions;
i. Have original jurisdiction on every matter relating to the interpretation and
enforcement of any provision in this constitution and in every matter
where it is alleged that a body of persons have acted ultra vires to the
powers conferred on them by this constitution.
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ii. Have appellate jurisdiction in every issue relating to resolving conflict between students or group of students
iii. Have jurisdiction in cases of disputes between two (2) or more students, clubs and or associations under the Council.
iv. Have appellate jurisdiction against electoral disputes lodged against the electoral commissioner
v. Address petitions of electoral disputes within 24 hours
vi. Notwithstanding clause (v) of this article, the Judicial Council shall within 72 hours give hearing to any other petition brought before it.
vii. All decisions of the Judicial Council shall be binding and final without prejudice to any person(s).
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CHAPTER THREE
ELECTIONS AND REMOVAL OF OFFICERS
Article 10: QUALIFICATION FOR ELECTION
a. Aspirants contesting for any position of the council shall:
i. Be a full time student of the University
ii. Have one academic year ahead of him
iii. Not have been convicted of any criminal charge by any competent court of jurisdiction both within and outside Ghana.
iv. Not have been found guilty of any disciplinary charge leveled against him by the Judicial Council.
b. All appointees of the Judicial Council and Congress shall satisfy Article10 clause (a) sub-sections (i-iv) above.
Article 11: GROUNDS FOR REMOVAL FROM OFFICE
a. Any officer who proves incapable of holding office shall be removed before his term of office expires;
b. Such incapacity of an Officer shall include;
i. To have acted in a manner that contradicts and/or contravenes the provisions of this constitution.
ii. To have acted in a manner that has brought or is likely to bring the reputation of his office and that of the Council into disrepute, ridicule or contempt.
iii. To have embezzled or misused funds and other assests of the Council.
iv. To be unable/incapable to perform his duties by reason of physical and/or mental incapability.
v. To have neglected his duties as an Officer of the Council.
vi. To be disloyal to the Council.
c. Any officer, against who a charge of embezzlement, inefficiency, including failure to carry out legitimate instruction without tangible excuse, use of position for private gains or inactivity is leveled, shall face congress for hearing.
d. Any officer who violates any article or by-law of the council shall lose his right to membership either temporally or entirely as may be determined by the Council upon recommendations of the Judicial Council.
e. Such Officers so expelled shall have the right to appeal to the Judicial Council within five working days.
f. Where vacancy occurs as a result of expulsion, resignation, or suspension, the Executive Council shall nominate a member subject to Congress approval to fill the vacancy.
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g. Notwithstanding the above clauses, any Officer who wishes to resign shall do so in a written letter, stating his reason(s) to Congress through the Executive Council.
Article 12: PROCEDURE FOR REMOVAL FROM OFFICE OF AN EXECUTIVE OFFICER
a. For the purpose of the removal from office of an Executive Officer, a notice in writing shall be given to the Judicial Council head who shall notify all members of the Council.
b. The notice referred to in the clause above shall be accompanied by a statement setting out in detail, the facts, supported by the necessary documents on which the removal is sought.
c. The Judicial Council shall within two weeks add its independent opinion to the facts as to its merits or otherwise.
d. The Speaker of Congress shall convey a Congress meeting within one week after submission of the Judicial Council’s independent report.
e. Impeachment proceedings shall commence where applicable.
ARTICLE 13: PROCEDURE FOR REMOVAL FROM OFFICE OF A CONGRESS OFFICER.
a. For the purpose of the removal from office of a Congress Officer, a notice in writing shall be given to the Judicial Council head who shall notify all members of the Council.
b. The notice referred to in the clause above shall be accompanied by a statement setting out in detail, the facts, supported by the necessary documents on which the removal is sought.
c. The Judicial Council shall within two weeks add its independent opinion to the facts as to its merits or otherwise.
d. The Speaker of Congress or the Deputy Speaker of Congress shall convey a Congress meeting within one week after submission of the Judicial Council’s independent report.
e. Impeachment proceedings shall commence where applicable.
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ARTICLE 14: PROCEDURE FOR REMOVAL FROM OFFICE OF A JUDICIAL COUNCIL OFFICER.
a. For the purpose of the removal from office of a Judicial Council Officer, a notice in writing shall be given to the Executive Council head who shall notify all members of the Council.
b. The notice referred to in the clause above shall be accompanied by a statement setting out in detail, the facts, supported by the necessary documents on which the removal is sought.
c. The Executive Council shall within two weeks add its independent opinion to the facts as to its merits or otherwise.
d. The Speaker of Congress shall convey a Congress meeting within one week after submission of the Executive Council’s independent report.
e. Impeachment proceedings shall commence where applicable
Article 15: IMPEACHMENT PROCEEDURES
a. For the purpose of impeachment, Congress shall constitute upon the presence of not less than two-thirds of Congress members.
b. Congress shall hear the facts of the allegations given due recognition to the rules of natural justice.
c. An officer ceases to hold office upon the approval of seventy percent (70%) of Congress members present at the sitting.
d. The President shall appoint a person to act in such a capacity until a substantive officer is elected
Article 16: VACANCY OF OFFICE
a. An office shall be considered vacant if any officer;
i. Suffers an impeachment.
ii. Vacates his office for twenty one working days without any official notice
to the Executive Council and Congress.
iii. Resigns from office, dies or is incapacitated by ill health from
performing his functions.
b. The President shall notify the Judicial Council and Congress of any such occurrences.
c. Congress shall within seven days upon receiving such notice authorize the Electoral commission to organize an election to elect a substantive officer to assume the vacant position.
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d. In the event of the Vive-President resigning, the President shall nominate a person for the office of the Vice-President subject to Congress approval.
Article 17: REGULATIONS GOVERNING ELECTIONS
a) The Electoral Commissioner shall
i. Compile an electoral register
ii. Make rules for the conduct of elections and publish it at least 12hours before voting starts.
b) Where necessary, Congress shall formulate additional electoral by-laws
c) Aspirants shall have written copies of both documents within the above time frame before voting starts.
Article 18: VOTING
a. Voting shall be by secret ballot.
b. A person shall be considered as duly elected by simple majority.
c. An unopposed candidate shall have fifty percent plus one of the valid votes cast.
d. The electoral commission shall re-open nomination upon the unfulfillment of clause (c) above.
e. In the event of the same candidate returning unopposed for the second time, he shall be deemed duly elected.
Article 19: DECLARATION OF ELECTION RESULTS
a. The Electoral Commission shall declare the provisional election results within twenty minutes after counting of votes.
b. Notwithstanding clause (a) above, the Electoral Commissioner shall inform the Judicial Council of the reasons for any delay.
Article 20: CHALLENGING OF ELECTION RESULTS
a. A person may challenge the results of an election at least two hours after the declaration of the provisional electoral results in respect of which the petition is presented.
b. The electoral commission shall proceed to declare the unchallenged results after the above time.
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c. The challenge shall be in the form of petition addressed to the Judicial Council head (the Chief Justice)
d. The Judicial Council findings shall be made known to the electoral commission within twenty four hours after the petition had been received by the Chief Justice.
e. A declaration of the Judicial Council shall be binding without prejudice to anyone.
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CHAPTER FOUR EXECUTIVE AUTHORITY OF THE COUNCIL, COMMITTEES AND COMMISSIONS. Article 21: THE EXECUTIVE AUTHORITY
a. The Executive Authority of the Council shall vest in the President and shall be exercised in accordance with the provisions of this constitution.
b. The Executive Authority of the Council shall extend to the execution and maintenance of this constitution and all laws made under or continued in force by this constitution.
c. Subject to the provisions of this constitution, the functions conferred on the President by clause (a) of this article may be exercised by him either directly or through his officers subordinates to him.
d. Except as otherwise provided in this constitution or by law not inconsistent with this constitution, all Executive acts of the Council shall be expressed to be taken in the name of the President.
e. The Executive Authority of the Council shall be exercised in order of enormity:
i. The President
ii. The Vice-President
iii. General Secretary
iv. Public Relations Officer (PRO)
v. Organizing Secretary
vi. Financial Secretary/ Treasurer
vii. Welfare Officer
viii. Women’s Commissioner
ix. Local NUGS/GUPS President.
Article 22: COMMITTEES AND COMMISSIONS The following committees and commissions shall be constituted within the council:
i) Electoral commission
ii) Finance committee
iii) Sponsorship and program committee
iv) Welfare committee
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v) Vetting committee
vi) Sports committee
vii) Audit committee
viii) Notwithstanding the above clauses, ad-hoc committees shall be formed when needed.
Article 23: AUDIT COMMITTEE
a. There shall be an Audit Committee of the Council which shall be headed by the Auditor-General who shall be appointed by the President subject to Congress approval. The Audit Committee shall account only to Congress
b. The accounts of the Council and all the committees and commissions established under this constitution or by a resolution of Congress shall be audited and reported by the committee to Congress.
c. For the purpose of clause (b) of this article, the Audit Committee shall
i. Have access to all books, records, returns and other documents relating to financial transactions or that may be relevant to those accounts.
ii. Have the power to subpoena any person including members of the Executive Council through the Judicial Council to appear before it.
d. The findings of the committee shall be communicated to Congress and the Executive Council together with its opinions as to the transparency or otherwise of the transactions undertaken by the Council, its Commissions or Committees.
e. The Audit Committee shall be constituted by Congress which shall have seven members.
f. External Auditors shall be called in when necessary.
g. The Audit Committee shall submit its final findings at least one month before the Councils year comes to an end.
h. The decision of the Audit Committee shall be final. Officers who may be adversely affected by the Audit Report shall within fourteen days make attempt and within twenty one day’s pay off and/or return assests of the Council.
i. Failure to do that, the Council shall adopt all possible legal means to retrieve the money and/or other assests of the Council.
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Article 24: VETTING COMMITTEE
a. Without prejudice to any provision to this constitution, any student aspiring to any position shall be subject to vetting by a seven member committee constituted by the President in consultation with the Executive Council subject to Congress approval.
b. The Vetting Committee shall not be subjected to any instruction of any person or body in the performance of its duties.
c. There shall be two Executive Council members at the Vetting Committee but shall not chair it.
d. It shall be responsible for ensuring that candidate(s) for any election under this Constitution satisfy requirements provided for in this Constitution or regulation as may be set out by the Electoral Commission.
e. It shall recommend or nullify a person’s candidature after vetting based on justifiable grounds.
f. Vetting results shall be declared not later than 24hours after vetting.
g. The Vetting Committee shall submit a confidential report to the Judicial Council after the performance of its duties.
h. A candidate who is affected by the Vetting Committee decision shall have 24hours within which to appeal to the Judicial Council.
Article 25: FINANCE COMMITTEE
a. The finance committee shall be chaired by the financial secretary/treasurer.
b. The committee shall be made up of not more than five persons who shall be appointed by the Executive Council excluding the financial secretary.
c. The committee shall assist the financial secretary/treasurer in discharge of his duties, though not exclusive to those specified in Article (35)
Article26: SPONSORSHIP AND PROGRAMMES COMMITTEE
a. The organizing secretary shall be mandated to nominate persons to form the sponsorship and programs committee in consultation with the Executive Council
b. The committee shall be responsible for the organization of the activities of the council and engage in sponsorship drive for the council.
c. The committee membership shall not exceed seven.
d. The Organizing Secretary shall however be the chairman of the committee
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Article 27: WELFARE COMMITTEE
a. The duties of the Welfare Committee are subject to those of the Welfare Officer outlined in Article (36) of this constitution.
Article 28: SPORTS COMMITTEE
a. The sports committee shall be constituted by the Organizing Secretary and shall be responsible for organizing sporting activities of the council.
b. It shall be responsible for the promotion of sports in the University.
c. The committee shall be made up not more than eleven persons who shall not be members of the executive council.
d. The Organizing Secretary shall however be a member of the committee but shall not chair it.
Article 29: ELECTORAL COMMISSION
a. The Electoral Commission shall be headed by the Electoral Commissioner who shall be appointed by the President and be responsible for the conduct of all elections of the council.
b. Two members from every class shall be nominated to serve on the Commission
c. An Executive Officer from the Council shall be appointed to serve on the commission but shall not chair.
d. Any member who expresses interest in contesting for office of the Council shall relinquish his membership on the commission.
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CHAPTER FIVE DUTIES OF OFFICERS Article 30: THE PRESIDENT
a. There shall be a President of the Council who shall be the head and the official mouthpiece of the Council.
b. The President shall take precedence over all other officers and persons of the council; and in descending order, the Vice-President, the Speaker of Congress and the Chief Justice, shall take precedence over all other persons and officers of the Council.
c. Before assuming office, the President shall take and subscribe before the students the Oath of Allegiance and the Presidential Oath set out in the first schedule to this constitution.
d. Shall in consultation with the General Secretary convene and preside over all Executive Council meetings.
e. Shall sign all documents and correspondence on behalf of the Council.
f. Shall be a co-signatory to the council’s bank account.
g. Shall see to the day-to-day implementations of the decision of Congress and other Committees.
h. Shall address the first and last meetings of Congress in each semester, giving the state of the Council address.
Article 31: THE VICE PRESIDENT AND SUCCESSION TO THE PRESIDENCY
a. There shall be a Vice-President to the Council who shall perform such functions as may be assigned to him by this constitution or by the President
b. A candidate for the office of the Vice-President shall be designated by the candidate for the office of the President before the election of the President.
c. The provisions of Article 10 of this constitution apply to a candidate for the office of the Vice- President.
d. A candidate shall be deemed to be duly elected as Vice-President if the candidate who designated him as candidate for election to the office of the Vice-President has been duly elected as President in accordance with the provisions of article 10 of this constitution.
e. The Vice-President shall before commencing to perform the functions of Vice- President, take and subscribe the Oath of Allegiance and the Vice- Presidential Oath set out in the first schedule to this constitution.
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f. Whenever the President dies, resigns or is removed from office, the Vice-President shall assume office as President for the unexpired term of the office of the President with effect from the date of the death, resignation or removal of the President.
g. The Vice-President shall before commencing to perform the functions of the President under clause (f) of this article take and subscribe the Presidential Oath set out in the first schedule to this constitution.
h. The Vice-President shall, upon assuming office as President under clause (f) of this article, nominate a person to the office of Vice-President subject to approval by Congress.
i. Where the President and the Vice-President are both unable to perform the functions of the President, the Speaker of Congress shall perform those functions until the President or the Vice-President is able to perform those functions or a new President assumes office as the case may be.
j. The Speaker shall, before commencing to perform the functions of the President under clause (i) of this article, take and subscribe the Oath set out in relation to the office of President.
k. Where the Speaker of Congress assumes the office of President as a result of the death, resignation or removal from office of the President and the Vice-President, there shall be a Presidential election within three weeks after his assumption of office.
l. Where the Speaker of Congress assumes the office of President as a result of the death, resignation or removal from office of the President and the Vice-President, he shall perform ceremonial functions only but not Executive functions.
m. The Executive Functions shall be performed in order of enormity as outlined in Article (21) of this constitution.
Article 32: THE GENERAL SECRETARY
a. Shall keep accurate records of all proceedings of Executive Council meetings.
b. Shall compile official records of the Council and its committees and commissions.
c. Shall be a co-signatory to the council’s bank account.
d. Shall be a co-signatory to all correspondence and documents of the councils
e. Shall be the custodian to all the Council’s documents and correspondence.
f. Any other duty as may be assigned by the President or Congress
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Article 33: THE PUBLIC RELATIONS OFFICER (PRO)
a. Shall coordinate between the Council and the student body.
b. Shall promote programmes within the Council.
c. Shall be responsible for enquiries and inquiries upon consultation with the President and the Vice-President.
d. Shall be the communication link between the Council and the student body.
e. Any other duty as may be assigned by the President or Congress
Article 34: THE ORGANIZING SECRETARY
a. Be responsible for establishing, monitoring and coordinating field projects or activities.
b. Be responsible for developing, packaging, organizing and executing all programmes of the Council.
c. Be responsible drawing budget for specific programmes or activities.
d. Any other duty as may be assigned by the President or Congress
Article 35:.THE FINANCIAL SECRETARY/TREASURER
a. Be responsible for the proper management of the finances of the Council.
b. Ensure that proper books are kept and that all monies are accounted for.
c. Maintain a register for all assets of the council.
d. Present audited financial statement to Congress or as requested by the Executive Council or by resolution of Congress.
e. Present a budget to Congress at the beginning of every semester.
f. Assist Council’s representatives, in collection of monies before organized programmes by the Council.
g. Be a co-signatory of the Council’s bank account.
h. Any other duty as may be assigned by the President or Congress
Article 36: THE WELFARE OFFICER
a. Be responsible for the formation of a Welfare Committee in consultation with the Executive Council subject to approval of congress.
b. Preside over all Welfare Meetings and Counseling.
c. Interact with individuals and draft Welfare Promotional Programmes and activities for consideration at meetings.
d. Draft and determine from time to time Welfare benefits for members.
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e. Liaise with lecturers on the performance of the students and report standards to the Executive Council.
f. Mediate and counsel students on disciplinary issues and school code.
g. Any other duty as may be assigned by the President or Congress
Article 37: THE WOMEN’S COMMISSIONER
a. Be responsible for organizing the women in the University for Activities that seek to promote their welfare and well-being as women.
Article 38: THE LOCAL NUGS/GUPS REPRESENTATIVE
a. Be liaison between the University in all meeting of NUGS/GUPS and shall represent the University in all meetings of NUGS/GUPS, unless otherwise stipulated
. Article 39: THE EXECUTIVE OATH
a. All Executive Officers before commencing to perform the functions of an Executive member takes take and subscribe the Oath of Allegiance and the Executive Oath set out in the first schedule to this constitution.
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CHAPTER SIX SOURCES OF FINANCE FOR THE COUNCIL ARTICLE 40: FINANCE
a. The Council shall be financed through the following means:
b. Council dues charged to semester fees which shall be channeled into the account of the Council
c. Contributions by members of the Council
d. Proceeds from the Council’s projects
e. Donations with no string attached
f. Sponsorship
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CHAPTER SEVEN LOCAL NUGS/GUPS SECRETARIAT AND ITS DUTIES Article 41: LOCAL NUGS/GUPS SECRETARIAT
a. There shall be a Local NUGS/GUPS Secretariat which shall be deemed part of the Council of the University.
b. The Secretariat shall comprise of the Local NUGS/GUPS President, the Local NUGS/GUPS Secretary, Local NUGS/GUPS Treasurer and the Women’s Commissioner.
c. The Local NUGS/ GUPS Secretary and Treasurer shall be appointed by the Local NUGS/GUPS President with the approval of the Executive Council.
Article 42: DUTIES OF THE LOCAL NUGS/GUPS SECRETARIAT
a. The Local NUGS/GUPS Secretariat shall serve as a liaison between the Council and the National Secretariat.
b. The Local NUGS/GUPS Secretariat shall be accountable to the Council.
c. The Local NUGS/GUPS Secretariat shall make all correspondence of NUGS/GUPS public, for public consumption.
ARTICLE 43: DUTIES OF THE LOCAL NUGS/GUPS SECRETARY
a. Shall keep accurate records of all proceedings of the Local NUGS/GUPS Secretariat.
b. Shall compile official records of the Local NUGS/GUPS Secretariat
c. Shall be a co-signatory to all correspondence and documents of the Local NUGS/GUPS Secretariat
d. Shall be the custodian to all the Local NUGS/GUPS Secretariat’s documents and correspondence.
e. Be liaison between the University in all meeting of NUGS/GUPS and shall represent the University in all meetings of NUGS/GUPS, unless otherwise stipulated
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ARTICLE 44: DUTIES OF THE LOCAL NUGS/GUPS TREASURER
a. Be responsible for the proper management of the finances of the Secretariat
b. Ensure that proper books are kept and that all monies are accounted for.
c. Maintain a register for all assets of the secretariat.
d. Present a budget to the Executive Council through the Financial Secretary/Treasurer at the beginning of every semester.
ARTICLE 45: FINANCE The Local NUGS/GUPS Secretariat shall be financed through the following means:
a. Ten percent (10%) of all the Council’s fees charged to semester fees.
b. Donations with no string attached.
c. Sponsorships.
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CHAPTER EIGHT MEETINGS AND QUORUM Article 46: CONGRESS MEETINGS
a. Congress meetings shall take place at least twice every semester at a time and place to be determined by the Speaker of Congress.
b. Seven days notice shall be given to convene Congress meeting, stating the agenda, venue, date and times for such meetings.
c. The Speaker shall direct the Clerk to communicate all changes in Agenda, Venue, Date and Time or postponements of meetings to members.
d. Decisions of Congress
i. Decision taken by Congress shall be binding in their entirety.
ii. Recommendations shall be binding to the aims to be pursued but shall leave the choice of the appropriate method for achieving those aims to those whom the recommendations are addressed to.
e. Emergency Congress meetings may be convened at any time before the regular days of meeting when circumstances so justify.
f. Notwithstanding clauses (a) and (e) of this article, an extra-ordinary Congress meeting shall be conveyed after the general elections to vet and approve nominees for the appointment as Judicial Council and Congress Officers.
g. The Executive Council and the Judicial Council shall however meet as and when they deem fit.
Article 47: QUORUM
a. A quorum of Congress, apart from the person presiding shall be one –third of all members of Congress.
b. Quorum for Executive Council and Judicial Council shall be determined by them respectively.
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CHAPTER NINE CLUBS AND ASSOCIATIONS Article 48: CLUBS AND ASSOCIATIONS
a. All Clubs and Associations or Groups in the University shall be subject to the laws of the Council, within the frame work of the laws of the University.
b. Clubs, Associations or Groups that wish to hold any meetings or programmes shall first notify the Council
c. Any person or persons with the intention of forming a Club or an Organization shall first notify the Executive Council which shall forward their application with the Council’s recommendations to Management for approval.
d. The aims and objectives of such person or persons shall not be inconsistent with the laws of the Council and the University.
e. Clubs and Associations shall within ten (10) working days after re-opening submit their programme of activities for the semester to the Council through the Executive Council.
f. At least ten students can form a new Club or Association within the Council who shall submit their constitution, mission statement and their overall objectives to the Executive council for approval.
g. The mission statements of new Clubs and/or Associations shall conform to the overall mission statement of the University.
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CHAPTER TEN MISCELLENOUS Article 49: UNCONSTITUTIONAL PORTFOLIOS
a. The Council shall not recognize any leadership structure or designation erected into its fold by any establishment or authority within or outside its confines unless by due amendment of this Constitution.
b. The Council shall therefore dissociate itself from the utterances and actions of such persons.
Article 50: VOTING
a. All decisions at all levels of the Council shall be reached by consensus. Where this fails, voting shall be by simple majority of votes cast unless otherwise decided by this Constitution.
b. Members abstaining shall be considered as non-voting.
Article 51: STANDING ORDERS
a. The Executive Council, Congress, Judicial Council and all other committees/commissions of the Council shall adhere and be guided by the standing orders of the Council at all times.
b. The Standing Orders of the Council are clearly spelt out in the Standing Orders of Congress.
Article 51: COLLECTIVE RESPONSIBILITY
a. All members of the Executive Council, Congress, Judicial Council and all other committees/commissions and delegations shall be jointly and severally responsible for any decision(s) they take.
b. Notwithstanding clause (a) above, satisfactory reason(s) may be accepted and member(s) exonerated from the consequence(s) arising out of a decision, action or omission on their part.
Article 52: RESIDUAL POWERS OF THE COUNCIL
a. Where on any matter or issue, no provision has been made for it in this Constitution, the Executive Council in consultation with the Judicial Council shall issue directives and provide for that matter or issue as it may deem fit.
b.
Article53: THE COUNCIL’S HANDING – OVER CEREMONY
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a. The Council’s Handing – Over Ceremony shall take place within Eight (8) weeks after elections.
b. The Ceremony shall be organized by both the Out – Going and the In – Coming Officers or an ad-hoc committee established to perform such task.
c. Both the Out – Going President and the In – Coming President shall address the gathering.
d. Notwithstanding clause (c) above, the organizers may invite other dignitaries to address the ceremony.
e. Swearing – In of new executive shall be done by the Out – Going Chief Justice or any other person appointed to do so.
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CHAPTER ELEVEN AMENDMENTS, BY-LAWS AND INTERPRETATIONS Article 54: AMENDMENTS AND AMENDMENT PROCEDURE ENSHRINED PROVISIONS
a. Subject to the provision of this constitution, Congress shall reserve the powers to amend the enshrined provisions of this constitution.
b. A proposal for an amendment to an enshrined provision of this constitution shall have at least the signatures of eleven Congress Members including that of the member moving for an amendment.
c. A proposal for an amendment shall be sent to Members of Congress at least two weeks before Congress meets.
d. The President and the Speaker shall be notified of the proposal of an amendment at least two weeks before Congress meets.
e. The Speaker shall notify the Clerk of Congress to make the amendment proposal part of the agenda of Congress meeting.
f. Congress shall discuss the amendment proposal to consider the merits of it.
g. An amendment shall take effect by two-thirds of the Congress Members present and voting.
h. Congress shall communicate its decision in a letter to the Executive Council and the Judicial Council.
ENTRENCHED PROVISIONS
i. Chapters One, Two, Three, Four, and Nine shall be considered as entrenched provisions.
j. A proposal for an amendment to an entrenched provision shall have the signatures of 50% of Congress Members including that of the member(s) moving for an amendment and 30 signatures of non-Congress Members from various classes (Diploma and Degree) and copied to both the Executive Council and Congress.
k. A proposal for an amendment of an entrenched provision shall be considered by the Executive Council and Congress.
l. The Executive Council and Congress upon consideration shall mandate the Judicial Council to make an independent opinion to Congress.
m. Pursuant to clause (l) above, the Executive Council shall appoint not more than four additional members to join the Judicial Council in its sittings on the amendment.
n. Upon the submission of the independent opinion of the Judicial Council, a Referendum shall be organized where applicable for the purpose of the amendment.
o. The Executive Council shall mandate the Electoral Commission to organize a Referendum within seven (7) days after the submission of the independent opinion by the Judicial Council.
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p. Entrenched provisions shall be duly amended by 70% majority of votes in favour of the total votes cast.
Article 55: BY-LAWS
a. This Constitution allows By-Laws which the Executive Council shall deem appropriate to promote the Council’s aims and objectives subject to Congress approval.
b. Where at any level, a by – law is found to be inconsistent with any provision of this Constitution, the Constitutional provision shall reign supreme.
Article 56: INTERPRETATION OF THE CONSTITUTION
a. The Judicial Council shall reserve the power to interpret the provisions of this constitution whenever an ambiguity arises;
b. It shall also rule on matters in the Constitution which is silent, within the framework of the laws of the University.
c. Any such ruling or interpretation shall become a precedent and documented accordingly in a special file for that purpose until it is amended, annulled or reviewed in accordance with Article (54) of this Constitution
d. In this constitution unless the context otherwise requires
i. Article means an Article of this Constitution
ii. Council refers to the Students’ Representative Council
iii. Congress refers to the Parliamentary arm of the Council.
iv. Functions and duties refers to powers and responsibilities
v. Any pronouncement made in this constitution in the form of a pronoun shall be deemed to include female.
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FIRST SCHEDULE FORMS OF OATHS THE OATH OF ALLEGIANCE I ……………………………………………………………………………………… do ( in the name of the Almighty God swear )(solemnly affirm) that I will bear true faith and allegiance to the Students’ Representative Council ( SRC) of the African University College of Communications (AUCC), as by law established: that I will uphold the sovereignty and integrity of the council; and that I will preserve, protect and defend the constitution of the council (so help me God). To be administered by the SRC President THE PRESIDENTIAL OATH I …………………………………………………………………………………………… having been elected to the high office of the SRC President of the Students’ Representative Council(SRC) of the African University College of Communication (AUCC) do ( in the name of God Almighty swear) (solemnly affirm) that I will be faithful and truthful to the Council; that I will at all times preserve, protect and defend the Constitution of the Council; and that I dedicate myself to the service and well-being of the students of AUCC and do rights to all manner of all persons. I further (solemnly swear) (solemnly affirm) that should I at any time break this oath of office I shall submit myself to the laws of the Council as well as the University and suffer the penalty for it. (So help me God) To be administered by the Chief Justice or any other person appointed to do so. THE VICE-PRESIDENTIAL OATHS I …………………………………………………………………………………………… having been elected to the high office of the Vice-President of the Students’ Representative Council(SRC) of the African University College of Communication (AUCC) do ( in the name of God Almighty swear) (solemnly affirm) that I will be faithful and truthful to the Council; that I will at all times preserve, protect and defend the Constitution of the Council; and that I dedicate myself to the service and well-being of the students of AUCC and do rights to all manner of all persons. I further (solemnly swear) (solemnly affirm) that should I at any time break this oath of office I shall submit myself to the laws of the council as well as the university and suffer the penalty for it. (So help me God)
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To be administered by the Chief Justice or any other person appointed to do so. THE EXECUTIVE OATH I.................................................................... do (in the name of God Almighty swear) (solemnly affirm) that I will at all times well and truly serve the SRC of the African University College of Communications (AUCC) in the office of ………………………………………… and that I will uphold, preserve, protect and defend the Constitution and laws of the Council as by law established. (So help me God) To be administered by the Chief Justice. THE JUDICIAL OATH I.................................................................... having been appointed (Chief Justice or a member of the Judicial Council, do (in the name of God Almighty swear) (solemnly affirm) that I will bear true faith and allegiance to the SRC of the African University College of Communications (AUCC) as by law established that I will uphold the sovereignty and integrity of the Council and that I will truly and faithfully perform the functions of my office without fear or favor, affection or ill will; and that I will at all times uphold, preserve, protect and defend the Constitution and laws of the Council. (So help me God) To be administered by the SRC President before Congress. THE SPEAKER ‘S OATH I ……………………………………………………………………………………… do ( in the name of the Almighty God swear) (solemnly affirm) that I will bear true faith and allegiance to the Students’ Representative Council ( SRC) of the African University College of Communications (AUCC), as by law established: that I will uphold the integrity of the Council; and that I will faithfully and conscientiously discharge my duties as speaker of congress; and that I will uphold preserve, protect and defend the Constitution of the Council: and that I will do right to all manner of persons in accordance with the Constitution of the Council and the laws and conventions of Congress without fear or favor, affection or ill-will (so help me God). To be administered by the SRC President before Congress
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THE OATH OF MEMBER OF CONGRESS I …………………………………………………………………………………………… having been elected a Member of Congress of the Students’ Representative Council(SRC) of the African University College of Communication (AUCC) do ( in the name of God Almighty swear) (solemnly affirm) that I will bear true faith and allegiance to the Council; as by law established; that I will uphold preserve, protect and defend the Constitution of the Council; and that I will faithfully and conscientiously discharge the duties of a Member of Congress. (So help me God) To be administered by the Speaker of Congress THE OATH OF THE AUDITOR-GENERAL I …………………………………………………………………………………………… having been appointed Auditor-General of the Students’ Representative Council(SRC) of the African University College of Communication (AUCC) do ( in the name of God Almighty swear) (solemnly affirm) that I will bear true faith and allegiance to the Council; that I will uphold, preserve, protect and defend the Constitution of the Council; and that I will truly and faithfully perform the functions of my office without fear or favor, affection or ill-will(So help me God). To be administered by the SRC President before Congress
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SECOND SCHEDULE TRANSITIONAL PROVISIONS
a. Notwithstanding anything contained in this Constitution, all persons elected or appointed into any position or portfolio of the Council before coming into force of this Constitution, in anticipation of meeting the requirements of this Constitution shall be deemed to have acted for the purpose of this Constitution and shall be deemed to have been duly elected or appointed for the purpose of this Constitution.
b. Notwithstanding anything contained in this Constitution, all activities and meetings of the Council carried out before the coming into force of this Constitution, in anticipation of meeting the provisions of this Constitution shall be deemed to have been duly done for the purpose of this Constitution.
c. This Constitution shall come into force on 30th January 2009
DATED ON THE 30th DAY OF JANUARY 2009 A.D IN ACCRA, GHANA UNDER THE HANDS OF; Signed SOLOMON OTOO CHAIRMAN (CONSTITUTIONAL REVIEW COMMITTEE) AND Signed HENRY MARBELL SRC PRESIDENT (2008/2009 ACADEMIC YEAR)
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CONSTITUTIONAL REVIEW COMMITTEE
1. Solomon Otoo Chairman
2. Antonio Asinyo Edem Kobby Secretary
3. Yirenkyi Opare-Akuffo Convener
4. Linda Mireku Member
5. Leslie Nii Anertey Tetteh Member
6. Dennis Moot Member
Wednesday, February 11, 2009
FACE AIDS AUCC Chapter inaugurated
STORY BY: YIRENKYI OPARE-AKUFFO
A chapter of Face Aids, a Rewandan-based organization, has been inaugurated at the African University College of Communications (AUCC) to join the national response to HIV and AIDS.
The inauguration which took place at the premises of AUCC on Friday 6th February, 2009 was under the theme; “Fighting HIV and AIDS in Ghana, the role of students.”
The ceremony was held under the chairmanship of Prof. Absalom Mutere, Dean, Journalism and Communications of AUCC.
Opening the event, Prof. Mutere said, HIV and AIDS is an incurable disease which puts everybody at risk and said everybody must be cautious in order not to be infected. Prof. Mutere expressed concern about the high levels of HIV and AIDS cases in Africa and attributed that to high illiteracy rates, poverty and the high cost of anti-retroviral drugs.
Being an HIV and AIDS prevention activist himself, Prof. Mutere advised African communities to raise standards on moral attitude as a way of preventing HIV infections. “A society of high moral standards will surely win the fight against HIV and AIDS and other deviant behaviors.” He said.
Prof. Mutere added that, Face Aids (AUCC Chapter) should be given all the necessary support and encouragement to promote good dialogue to prevent HIV infection in Ghana and in other countries and promised his personal support towards that.
Prof. Mutere advised students to take active part in the activities of the club in order to help eradicate the gloomy picture that confronts the country today. He said that, as student Journalists, members of the club need to take the lead role in the fight against the pandemic since society depends on the media for information and advised students to put their hands on deck in order to win the war against HIV and AIDS. This he said, will secure a better society for the younger generation and the generations yet unborn.
In her address, the guest speaker, Miss Gladys Damalin, Program Officer of the Opportunities Industrialization Centres International (OICI), revealed the rather scary information that 63% of the world’s population living with HIV and AIDS are in Sub-Saharan Africa which is a great course for concern. By this statistics, according to Miss Damalin six out of every 10 people in Sub-Saharan Africa is living with HIV.
Yet another shocking revelation by Miss Damalin was that 250,000 people are living with HIV in Ghana of which 60% of them being women and 17,000 being children. Miss Damalin emphasized that these scary figures only represent the reported cases which means the number could be higher as a lot of cases are not reported.
She advised the youth to seek education, go for voluntary testing and counseling and encourage others to do the same.
Advising them also, she said they must desist from stigmatization and lead a responsible life since these are sure ways of reducing the disease if not to eradicate it.
Mr. Ato Amoaning-Anna, Associate Dean Diploma Program and Student Affairs of AUCC in a presentation said HIV was not given enough attention and coverage by the media when it was first detected leading to lack of information and awareness of the disease. He was however happy that the media houses are now giving much coverage to the pandemic which has created enough awareness of the disease.
Mr. Amoaning-Anna urged media houses to expand the coverage of HIV and AIDS and go into detail in their reportage on the issues of stigmatization, discrimination against people living with HIV and AIDS among many others.
He encouraged journalists especially student journalists to be interested on how to report stories on HIV and AIDS. He said “it is only when you understand the language of the disease that you will be able to report on it accurately.” This will surely help solve or better still reduce the enormous problems that HIV and AIDS poses.
Mr. Dennis Moot the President of Face AIDS (AUCC Chapter), in his remarks said that HIV and AIDS is no respecter of persons and advised his colleagues to live upright lives since every body is at risk of the epidemic.
He appealed to stakeholders, opinion leaders, organizations, corporate institutions and individuals to support the efforts of Face Aids to win the fight against the HIV and AIDS pandemic.
A chapter of Face Aids, a Rewandan-based organization, has been inaugurated at the African University College of Communications (AUCC) to join the national response to HIV and AIDS.
The inauguration which took place at the premises of AUCC on Friday 6th February, 2009 was under the theme; “Fighting HIV and AIDS in Ghana, the role of students.”
The ceremony was held under the chairmanship of Prof. Absalom Mutere, Dean, Journalism and Communications of AUCC.
Opening the event, Prof. Mutere said, HIV and AIDS is an incurable disease which puts everybody at risk and said everybody must be cautious in order not to be infected. Prof. Mutere expressed concern about the high levels of HIV and AIDS cases in Africa and attributed that to high illiteracy rates, poverty and the high cost of anti-retroviral drugs.
Being an HIV and AIDS prevention activist himself, Prof. Mutere advised African communities to raise standards on moral attitude as a way of preventing HIV infections. “A society of high moral standards will surely win the fight against HIV and AIDS and other deviant behaviors.” He said.
Prof. Mutere added that, Face Aids (AUCC Chapter) should be given all the necessary support and encouragement to promote good dialogue to prevent HIV infection in Ghana and in other countries and promised his personal support towards that.
Prof. Mutere advised students to take active part in the activities of the club in order to help eradicate the gloomy picture that confronts the country today. He said that, as student Journalists, members of the club need to take the lead role in the fight against the pandemic since society depends on the media for information and advised students to put their hands on deck in order to win the war against HIV and AIDS. This he said, will secure a better society for the younger generation and the generations yet unborn.
In her address, the guest speaker, Miss Gladys Damalin, Program Officer of the Opportunities Industrialization Centres International (OICI), revealed the rather scary information that 63% of the world’s population living with HIV and AIDS are in Sub-Saharan Africa which is a great course for concern. By this statistics, according to Miss Damalin six out of every 10 people in Sub-Saharan Africa is living with HIV.
Yet another shocking revelation by Miss Damalin was that 250,000 people are living with HIV in Ghana of which 60% of them being women and 17,000 being children. Miss Damalin emphasized that these scary figures only represent the reported cases which means the number could be higher as a lot of cases are not reported.
She advised the youth to seek education, go for voluntary testing and counseling and encourage others to do the same.
Advising them also, she said they must desist from stigmatization and lead a responsible life since these are sure ways of reducing the disease if not to eradicate it.
Mr. Ato Amoaning-Anna, Associate Dean Diploma Program and Student Affairs of AUCC in a presentation said HIV was not given enough attention and coverage by the media when it was first detected leading to lack of information and awareness of the disease. He was however happy that the media houses are now giving much coverage to the pandemic which has created enough awareness of the disease.
Mr. Amoaning-Anna urged media houses to expand the coverage of HIV and AIDS and go into detail in their reportage on the issues of stigmatization, discrimination against people living with HIV and AIDS among many others.
He encouraged journalists especially student journalists to be interested on how to report stories on HIV and AIDS. He said “it is only when you understand the language of the disease that you will be able to report on it accurately.” This will surely help solve or better still reduce the enormous problems that HIV and AIDS poses.
Mr. Dennis Moot the President of Face AIDS (AUCC Chapter), in his remarks said that HIV and AIDS is no respecter of persons and advised his colleagues to live upright lives since every body is at risk of the epidemic.
He appealed to stakeholders, opinion leaders, organizations, corporate institutions and individuals to support the efforts of Face Aids to win the fight against the HIV and AIDS pandemic.
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