THE CONSTITUTION AND CODE OF PRACTICE OF THE ACADEMIC STAFF UNION OF UNIVERSITIES (ASUU) As amended by The National Delegates

Conference (NDC) Held at The Benue State University, Makurdi. May14-17, 2010 PREAMBLE We the members of the Academic Staff Union of Universities (ASUU) having firmly and solemnly resolved to form a Union to promote education and learning, and to provide for a Constitution for the purpose of promoting the good administration of the Union and welfare of the members, do hereby make and give to ourselves the following constitution. ARTICLE 1: NAME AND REGISTERED OFFICE (i) The name of the Union shall be The Academic Staff Union of Universities. (ii) The registered office of the Union shall be situated at Flat 2, Mellanby Hall, University of Ibadan, Ibadan or such other place as the National Delegates Conference (NDC) may decide from time to time. (iii) In furtherance of its objects, the Union may establish and maintain any other office in any part of the country, and affiliate with the Nigeria Labour Congress (NLC) or any other Central Labour Organization in the country. ARTICLE 2: OBJECTS The Principal Objects of the Union shall be as follows: (i) Organization of Academic Staff engaged by universities and who are qualified for membership; (ii) Regulation of relations between Academic Staff and employers and between members; (iii) Establishment and maintenance of a high standard of academic performance and professional practice; (iv) Establishment and maintenance of just and proper conditions of service for its members; (v) Advancement of the education and training of its members. (vi) Provision of benefits and other assistance to the members as provided in the Constitution; (vii) Encouragement of participation of its members in the affairs of the University system and of the nation; (viii)Protection and advancement of the socio-economic and cultural interests of the nation; and (ix) Such other objects as are lawful and are not inconsistent with the spirit and practice of trade unionism.

ARTICLE 3: MEMBERSHIP (i) Any person who is engaged full-time in a University as a Lecturer, Research Fellow or Academic Librarian in a university shall be deemed to be a member of the Union. (ii) No person shall be deprived of membership of the union on grounds of sex, religious persuasion, political beliefs, ethnic origin, or grade as an academic staff. (iii) Every member of the union shall belong to the Branch of the Union established for the University or Institution in which he or she is employed. (iv) Each new member shall be supplied, free of charge, with a copy of the Constitution of the Union and shall be notified of all subsequent amendments thereto. (v) Any member shall, upon giving two days notice, have reasonable access to the books of the Union. (vi) Every member shall pay his or her contribution to the Union regularly, endeavour to participate fully in the affairs of the Union and refrain from acts which may bring the Union into disrepute. (vii) A member may resign his or her membership by giving six weeks notice of his intention to do so in writing to the Branch Secretary or the Chairperson. (viii)The Union shall have the power to take disciplinary measures against any member for just cause and after due process. ARTICLE 4: RATES OF SUBSCRIPTION (i) Every member of ASUU shall pay a monthly due equivalent to 2% of his or her CONUASS as check-off dues to the Union. (ii) The National Executive Council may, if the Unions position permits, reduce the contributions of distressed members or such other members, as it may deem fit, and may increase the monthly contributions of all members of the Union, subject to ratification by the National Delegates Conference. ARTICLE 5: CONSTITUTION AND GOVERNMENT (i) This document shall be the Constitution of the Union and it may be amended from time to time. (ii) The Constitution shall be deemed to be the basis of the contract between the members to establish and operate the Union. (iii) Any supplementary rules (such as the Code of Practice or those made by a Branch) which contradict, derogate from or are inconsistent with the provisions of this Constitution, shall to that extent be regarded as null and void and of no effect. (iv) Any member shall have the right to initiate action at his or her own expense in connection with (and for the Enforcement of) any provisions of this Constitution. (v) The Government of the Union shall be vested in the following: (a) The National Delegates Conference (b) The National Executive Council (c) The Branches ARTICLE 6: NATIONAL DELEGATES CONFERENCE (i) The supreme authority of the Union shall be vested in the National Delegates Conference. (ii) The National Delegates Conference shall be composed of: 2

(a) The National Executive Council (b) Four Delegates per Branch, and one additional delegate for each Branch having 500-1000 Financial Members, two additional delegates for Branches having more than 1000 Financial Members, up to a maximum of seven (7). (iii) The National Executive Council may appoint a Credentials Committee to examine the good standing of each nominated delegate before the commencement of the proceedings of the Conference and the Council may order that the names of delegates not in good standing be withdrawn from the list of delegates. (iv) A proposed Branch whose application for membership is awaiting the approval of the National Delegates Conference may send to the Conference not more than four representatives who shall have an observer status only. (v) The National Delegates Conference shall be held biennially in the month of May or thereabout and at venues to be decided by the National Executive Council or by the previous National Delegates Conference (provided that holding the Conference in any other month shall not invalidate its proceedings). (vi) A special National Delegates Conference may be held at such a time and place as the National Executive Council may decide or by a resolution of a majority of the Branches received by the President. (vii) Subject to the provisions of this Constitution, the President shall, in consultation with the other Principal Officers have the power to summon an ordinary or special National Delegates Conference. (viii)Each Branch of the Union shall constitute one constituency for the purpose of electing delegates to the National Delegates Conference. (ix) To be eligible for nomination and election as a delegate, a candidate must be a member of his or her Branch, be in good financial standing, and must have been actively involved in the affairs of the Union. (x) Voting at the election of delegates may be by secret ballot or by a show of hands. (xi) To be elected a delegate, a candidate must obtain a majority of the votes of members present and voting at a meeting of the Branch called specifically for the purpose. (xii) Only members in good financial standing in the Union shall have the right to nominate candidates for election as delegates and to vote at the election of delegates. (xiii)The names of elected delegates shall be forwarded to the National Secretariat before the Conference. (xiv) In case of an electoral dispute, representatives of the National Executive Council shall have the right to attend a Branch meeting called to elect Branch delegates to the National Delegates Conference. (xv) The National Executive Council shall have the power to deal summarily with any complaints arising from the election of Branch delegates. ARTICLE 7: BUSINESS OF THE CONFERENCE (i) The National Executive Council shall propose an agenda for the Conference which shall be ratified by the National Delegates Conference. (ii) Subject to the provisions of this Constitution, items proposed for inclusion in the agenda of the Conference from any other source must reach the President not later than two months before the Conference.

(iii) The agenda of the Conference, together with supporting papers, shall be given to the delegates before commencement of the proceedings on the matters, provided that failure to comply with this provision shall not invalidate its proceedings. (iv) The President shall preside over the Conference, and in his or her absence the VicePresident, and in the absence of both the President and Vice-President, any other person elected by a majority of the delegates present and voting. (v) Nobody who is not a delegate shall attend the Conference or take any part in its proceedings unless otherwise decided by the Conference itself. (vi) The Business of the Conference shall be the consideration and determination of the Union policy matters, reports from National and Branch officers, election of officers and any other matters on the agenda. (vii) No matters which are not included in the agenda may be raised at the Conference except by a decision of a majority of the delegates present and voting on the issue. (viii) The General Secretary shall have the right to speak at the Conference but no right to vote. (ix) In furtherance of its business, the Conference may set up committees for a detailed examination or investigation of any issue, and any such committee shall report its findings and recommendations back to the conference-in-session. (x) Subject to the provisions of this Constitution, the power to establish a new Branch in a University shall be vested in the National Delegates Conference (NDC). (xi) An application for membership shall be received by the National Secretariat at least three months before a National Delegates Conference at which it is meant to be considered. (xii) The application for Charter shall be accompanied by a non- refundable Charter fee of 30% of the check-off collected by the applicant branch for the period of the observer status. (xiii)Subject to the provisions of this Constitution, the power to dissolve a Branch shall be vested on the NDC. (xiv) The power to dissolve a branch by NDC shall not be exercised unless for a persistent violation of the Constitution of the Union. ( xv) On dissolution, a Branch shall forfeit its Charter, and all its assets and liabilities shall be vested in the Union. ARTICLE 8: NATIONAL EXECUTIVE COUNCIL (i) The National Executive Council shall consist of all National Officers, and the Chairperson of each Branch or any other person sent by a Branch in place of the Chairperson. (ii) The Union shall be administered in between Delegates Conference by the National Executive Council in accordance with this Constitution. (iii) The National Executive Council shall meet at least once in six months on dates and at venues to be decided by the Council. (iv) An extraordinary meeting of the National Executive Council may be summoned at the request of at least eight members of the National Executive Council. (v) Items for inclusion in the agenda of any meeting of the Council, from whatever source, shall be forwarded to the President to reach him not later than one month before the meeting. 4

(vi) The President in consultation with the National Officer shall have the power to determine the items to be included on the agenda and the order of listing. (vii) The agenda of the Councils meeting shall, together with the supporting papers, be circulated to the members before the commencement of the meeting. (viii)The President shall preside over the meeting of the Council, and, in his absence, the Vice-President and in the absence of both the President and the Vice-President, any other person elected by a majority of the members present and voting. (ix) Any matter not included in the agenda shall be entertained at the meeting of Council, except by the approval of NEC. (x) It shall be the duty of the Council to safeguard and further the interests of members of the Union, carry out the policies determined by the National Delegates Conference, ensure proper and strict observance of the rules of the Union by the members both individually and collectively, safeguard the funds of the Union, set up such departments or committees as it may deem necessary for the smooth and orderly conduct of the affairs of the Union, issue directives for the proper governance and administration of the Union, and perform such other functions as may promote the objects of the Union. (xi) Every question at a meeting of the Council shall be decided following due democratic processes including voting where necessary. (xii) The General Secretary shall have the right to speak at a Council meeting but shall not vote. (xiii)No officer or member of the National Executive Council shall be entitled to vote on any matter in which he or she is personally interested otherwise than as a member of the Union. (xiv) The National Executive Council shall have the power to set up Ad hoc Committees. Branches shall also have the power to set up Ad HocCommittees as they deem appropriate. Such Ad-Hoc Committees may include the following: i. Disciplinary Committee ii. Human Rights Committee iii. Research and Publications Committee iv. Special Interest Group Committees (xv) Subject to the provision of this Constitution, NEC may make a report to the National Delegates Conference (NDC) on any matter as it deems necessary. (xvi) NEC shall have power to make supplementary rules or as may be directed by NDC. (xvii) The National Executive Council shall have the power to appoint specialised and other staff to facilitate the smooth administration of the Union. The emoluments of such staff shall be determined by the National Executive Council and charged to the account of the Union. ARTICLE 9: BRANCHES (i) Subject to the provision of this Constitution there shall be established a branch of the union in all the universities. (ii) A Branch shall be known by the name authorized by the National Executive Council, which shall cause a charter to be issued to the Branch.

(iii) The name of a Branch shall not be changed without authorization by the National Executive Council. (iv) It shall be the duty of each Branch to see to the proper organization of the Union at the grass-roots, to represent the members in appropriate cases, and to follow the directives of the National Delegates Conference and the National Executive Council of the Union in the conduct of its affairs. (v) A branch meeting shall be summoned by the Secretary on the instruction of the Chairperson or on a request signed by the majority of the Branch Executive Council. (vi) Notwithstanding the provisions of 9(v) above, the NEC shall have power always to summon a branch congress whenever the situation in the branch so warrants. (vii) A Branch shall hold at least three general meetings every year. (viii) Subject to the provision of this Constitution, each Branch may make bye-laws to govern its affairs. ARTICLE 10: OFFICERS AND STAFF (i) The National Officers of the Union shall include the President, the Vice President, the Treasurer, the General Secretary, the Internal Auditor, the Assistant Internal Auditor, the Financial Secretary, the Welfare Officer, the Investment Secretary, the Legal Adviser and the Immediate Past President (IPP). (ii) The Branch officers of the Union shall include the Chairperson, the Vice Chairperson, the Secretary, the Assistant Secretary, the Welfare Officer, the Investment Secretary, Financial Secretary, Internal Auditor and the Immediate Past Chairperson (IPC). (iii) All Officers of the Union except the IPP, the General Secretary and IPC shall be elected by the body duly authorized by this Constitution. (iv) The General Secretary shall be appointed by the National Executive Council. (v) No candidate shall be appointed to the substantive post of General Secretary unless he or she possesses demonstrated experience, knowledge and ability in trade union affairs, and an appropriate level of education to be determined by the National Executive Council. (vi) All Officers of the Union, except the General Secretary, shall be elected for a term of two years at a time provided that no person shall hold the same elected position for more than two consecutive terms. (vii) No officer of the Union shall hold office -paid or unpaid, in any other Union than a Federation of Unions to which the Union belongs. (viii)Subject to the provisions of this Constitution, any officer of the Union may resign from his or her office at any time. (ix) The General Secretary shall be required to give three months notice of his or her intention to resign his or her post while all other officers shall be required to give at least one month notice; all such notices in writing shall be given to the National Executive Council. (x) (a) On resignation or removal from office, an officer of the union shall hand over all union properties in his/her possession to the Branch Chairperson or, in his absence, to the Vice Chairperson.

(b) Where the affected officer(s) is (are) the Chairperson/Vice Chairperson, he or she shall hand over all union properties in his or her possession to an authorized person on behalf of the Union. (c ) On resignation or removal from office, an officer of the union shall settle any debt owed by him or her to the Union. (xi) Members and non-members of the Union shall be eligible for appointment as staff of the Union. (xii) No vacancy in any of the bodies established by this Constitution shall invalidate the proceedings of that body. ARTICLE 11: NATIONAL OFFICERS AND THEIR DUTIES Subject to the provisions of this Constitution, the national officers shall perform the following functions: (i) The President: (a) shall preside at all Conferences and at the meetings of the National Executive Council, (b) shall sign the minutes of the National Executive Council and of the National Delegates Conference, (c) shall, together with the Financial Secretary, sign vouchers for all payments, keep himself or herself in close touch with the activities of the Secretariat and; (d) ensure that the affairs of the Union are conducted in accordance with the provisions of this Constitution and the laws of the land. (ii) The Vice-President: (a) shall generally assist the President in the performance of his or her duties and ; (b) shall take over proceedings if the President is absent/and/or as may be directed by the President. (iii) The General Secretary: (a) shall be a full-time official and shall be responsible to and take directives from the President, (b) shall attend all meetings of the National Executive Council and the National Delegates Conference and keep the account and records of these meetings and the Conference, (c) shall be in charge of all paid staff of the Union, compile, maintain and update a National Roll of Members and; (d) perform such other duties as may be assigned to him or her. (iv) The Treasurer: (a) shall disburse funds as approved by the President, (b) render reports of expenditures to the National Executive Council and National Delegates Conference. (v) The Financial Secretary: (a) shall collect all revenues accrued to ASUU, (b) pay the same to the Bank and; (c) give report of all receipts to the National Executive Council and the National Delegates Conference accordingly. 7

(vi)

The Welfare Officer: shall be responsible for all social activities of the Union as well as the general welfare of all members. (vii) The Investment Secretary: shall coordinate all investment activities of the Union. (viii) The Auditors, Internal and External, (a) shall have access to all books of accounts, vouchers and other documents of the Union which they consider necessary. (b) The Auditors shall prepare a report on the financial position of the Union and the manner in which the accounts have been kept, having regard to the provisions of the Trade Union Act and any other laws for the time being in force. (ix) Legal Adviser (a) shall advice the Union on Constitutional/ Legal matters and (b) perform all other duties as may be assigned to him/her by the Union ARTICLE 12: BRANCH OFFICERS AND THEIR DUTIES (i) There shall be a Branch Executive Committee comprising the Chairperson, the ViceChairperson, the Secretary, the Assistant Secretary, the Financial Secretary, the Welfare Secretary, the Investment Secretary, the Treasurer, the Internal Auditor, and the Immediate Past Chairperson. (ii) It shall be the duty of the Branch Executive to provide leadership at the branch level and to run the affairs of the Union in between the General Meetings. (iii) Subject to the provisions of this Constitution, the branch officers shall perform the following functions: (a) The Chairperson: (i) shall preside over all Congress meetings and all meetings of the Branch Executive Council. (ii) shall, together with the Financial Secretary, sign vouchers for all payments. (iii) shall ensure that all affairs of the Branch are conducted in accordance with the provisions of this Constitution and; (iv) present (annual) report of the activities of the branch or NEC as the case maybe to the congress. (b) The Vice-Chairperson: (i) shall generally assist the Chairperson in the performance of his or her duties and (ii) act for the Chairperson whenever the Chairperson is unable to perform the duties of his or her office. (c) The Secretary: (i) shall treat all correspondence of the Branch, in consultation with the Chairperson, (ii) summon meetings of the Branch, at the instruction of the Chairperson or on a request signed by the majority of members of the Branch Executive Council, (iii) shall prepare the agenda for such meetings. (iv) shall keep the minutes of the meetings. 8

(d) Assistant Secretary: (i) Shall assist the Secretary in the performance of his duties. (ii) Act for the Secretary whenever the Secretary is unable to perform the duties of his office. (e) The Treasurer: (i) shall disburse funds as approved by the Chairperson (ii) render reports of income and expenditure to the Branch Executive Council and Congress. (f) The Financial Secretary: (i) shall collect all revenues accruing to the Branch, (ii) pay same to the Bank and (iii) give report of all receipts to Branch Executive Council and Congress. (g)The Internal Auditor: (i) shall prepare a report on the financial position of the Branch and the manner in which the accounts have been kept. (ii) shall have access to all books of accounts, vouchers and other documents of the Branch. (h) The Welfare Officer: shall be responsible for all social activities of the Union as well as the general welfare of members of the Branch. (i) The Investment Secretary: shall represent the Branch on the Board/Management of Cooperatives.

ARTICLE 13: BRANCH OFFICER BECOMING A NATIONAL OFFICER Upon a Branch Officer becoming a National Officer: (a) The Branch office shall automatically become vacant (b) The Vice shall forthwith occupy the vacant office until a bye-election which shall take place not later than three months from the date of the vacancy is conducted. (c) Notwithstanding the provisions of the preceding paragraph, where there is no Vice, the congress may appoint any member to occupy the office in an acting capacity until a bye-election which shall take place not later than 3 months is conducted. ARTICLE 14: ELECTIONS All officers of the Union shall be elected by a body duly authorised in accordance with this constitution. A (i) National Election: The National Officers shall stand dissolved at the end of Biennial Delegates Conference immediately before elections or at any other time upon a resolution of a special Delegate Conference supported by at least 60% of the Delegates present and voting by secret ballot, or a resolution supported be a majority of the Branch Executive Committees. 9

(ii) (iii)

The election of the National officers shall be conducted at NDC or as may be directed by the NDC. The National officers shall vacate office upon election of new officers by the Biennial Delegate Conference. ELIGIBILITY For a member to be eligible to be voted for any of the national offices, such a member must be knowledgeable in the business of the Union and have actively been involved in its affairs as a national officer, or branch chairperson, or conveners of the NEC committee, or Zonal coordinator. To be eligible to contest for the Office of Legal Adviser, a member must be a Legal Practitioner with not less than five (5) years post-call experience at the Bar. For the nomination of a candidate to a national office to be valid, it must be supported by a simple majority of the Delegate from his/her branch. To be elected a National Officer, a candidate need not be member of the Delegates Conference. To be elected a National Officer, a candidate must obtain a majority of the votes cast by the Delegates present and voting in a secret ballot. For the purpose of the election of National officers, the NDC shall constitute an electoral committee, which shall consist of a chairman, a secretary and such other members as NDC may deem fit.

(i)

(ii)

(iii) (iv) (v) (vi)

BRANCH ELECTION A Branch election shall be conducted in accordance with this constitution and the supplementary rules as contained in the Appendix III to this Constitution. ELIGIBILITY To be eligible to run as a branch Officer, a member must (a) Not be on sabbatical, leave of absence or study leave (b) Not be a student in any university in Nigeria. (c) Be a confirmed staff. (d) Be an active member of the union. (e) Not have been found guilty of any anti-union activities (f) Not have been involved in any form of financial-related misconduct or indictment.

ARTICLE 15: DISCIPLINE (1) National Executive Council (NEC) (a) Subject to the previsions of this Constitution, NEC shall have the power to discipline any officer and or Branch and impose necessary sanctions as it may deem fit after due process. (b) In pursuance of (1) above, NEC shall have the power to suspend for any period and or fine any Branch for violations of this constitution and or disobedience to NEC directives in pursuance of the unions programmes of action after the due 10

process, subject however to the right of the affected branches to appeal to the NDC. (c) Where NEC suspends a branch, the suspension order shall not affect any National Officer or Officers from the said branch unless where NEC deems it necessary and so direct that the suspension order shall affect the officer after due process subject however, to the Officers right to appeal to NDC.

(d)

Unless otherwise directed by the NDC, a branch suspended by NEC shall only be re-admitted upon satisfaction of the conditions as may be set by NEC. (e) Subject to the provision of this Constitution and in pursuance of para.(iv) above, NEC shall have the power to remove an officer or dissolve an Executive of a Branch if the Branch Executive refuses to take appropriate steps for the lifting of the suspension. (f). Where a Branch is suspended, all expenses to be incurred by the branch shall be approved by the President, failing which NEC shall take over the management and control of the finance of the Branch until the suspension order is lifted. (g) Where NEC removes a Branch Officer or dissolved a Branch Executive, the officer or officers concerned shall within 3 month render account to the satisfaction of NEC through the Branch failing which NEC shall take appropriate steps to recover such funds and or properties in the custody of such officer/ officers. (i) NEC shall have the power to suspend any branch that fails, refuses or neglects to meet up its payment of check-off dues for a period of six consecutive months and rendering of quarterly accounts from the National Executive Council and National Delegates Conference meeting until the due have been paid to the satisfaction of the National Executive Council in accordance with the Constitution.

(j)

The National Executive Council shall have the power to impose the following disciplinary measures on any member or officer of the Union for serious misconduct: (a) Fine and/ or (b) Suspension; or (c) Expulsion (k) Expelled members shall forfeit all the rights and privileges of members.

(2)

BRANCH (a) A branch shall have power to fine, or suspend any member for just and after due process subject however to right of appeal to the NEC and NDC as the case may be. (b) A branch shall have the power to remove any branch officer for just cause after due process subject by NEC. (c) An officer so removed shall have the right of appeal to the NDC. 11

ARTICLE 16: TRUSTEES (i) Three Trustees of the Union (one of whom may be a non-member of the Union) shall be elected at a National Delegates Conference and shall hold office at the pleasure of the Union. (ii) All the properties of the Union, both realty and personality, shall be vested in the Trustees jointly on trust for the Union and the Trustees shall deal with the same in the interest and to the benefit of the Union or as may be directed by the National Executive Council. (iii) A Trustee may be removed from office by the National Executive Council on the grounds of ill-health, unsoundness of mind, removal from the country or for any other reasons which might make him or her unable to perform the duties of his office or unsuitable for such office. (iv) Whenever a vacancy occurs in the office of a Trustee, it shall be filled temporarily by the National Executive Council until the next National Delegates Conference. ARTICLE 17: UNION FUNDS (i) The funds of all units of the Union shall be the property of the Union and nothing in any Rules shall prejudice the right of the National Executive Council to institute proceedings to recover any money due to, or any property of the Union. (ii) All properties acquired for the Union, in whatever custody, and of whatever nature, shall belong to the Union. (iii) The National Delegates Conference or the National Executive Council, acting on behalf of the National Delegates Conference, shall have power to employ the funds of the Union in such a manner as may be found necessary and expedient. (iv) The funds and property of the Union shall be applied for the purpose of attaining the objects of the Union as defined in this Constitution. (v) The main sources of funds of the Union shall be Charter Fees, subscriptions, levies and proceeds of economic and social activities. The charter fees from Branches shall be determined from time to time by the National Delegates Conference. (vi) The funds of the Union shall be allocated as follows: Branch 40% National Union 60% (vii) All fees, including deductions from salaries under the check-off system, shall in the first instance be paid to the Local Branch, which shall remit 60% of them to the National Union in accordance with this Constitution. ARTICLE 18: INVESTMENT OF UNION FUNDS The funds of the Union not required for immediate use shall, on the directive of the National Executive Council, be invested by and in the name of the Trustees in such public stock, government securities or other forms of investment as the National Executive Council may deem fit.

12

ARTICLE 19: LEVIES (i) The National Executive Council may, if it considers it necessary so to do, impose a levy upon all members of the Union, which the members shall be required to pay forthwith. The levies shall be collected by the Branch Officers and forwarded to the National Secretariat. (ii) The Branch Executive may, if it considers it necessary so to do and with the consent of the Congress, impose a levy on all members of the Branch who shall be required to pay such a levy forthwith.. (iii) The funds of the Union which the members are required to contribute under any rules, whether by way of subscription, dues or otherwise, shall not be applied (whether directly or indirectly) to the furtherance of any political party. ARTICLE 20: EDUCATION The Union may: (i) organise educational meetings, occasional classes and prepare educational leaflets and other matters in the interest of its members. (ii) may impose on all members an education fee to be determined by the National Delegates Conference. (iii) offer loans, scholarships and/or bursaries to any suitable member under such terms as the National Executive Council may determine. (iv) adopt and execute any educational programme, whether industrial, cultural, social or economic, in the interest of the working class generally. ARTICLE 21: BENEFITS, ALLOWANCES AND BONUSES (i) Benefits to members shall be paid in accordance with the welfare scheme of the Union. (ii) The National Executive Council shall determine the allowances and bonuses to be paid to any member, officer or employee of the Union when necessary as recognition of any good services rendered in the interest of the union. ARTICLE 22: CODE OF CONDUCT FOR OFFICERS AND STAFF All officers and staff of the Union shall observe and conform to the Code of Conduct specified in the Appendix I to this Constitution. ARTICLE 23: SIGNATORIES (a) Any two of the following officers of the Union, that is to say the President, the Financial Secretary and the Treasurer may sign cheques on the current bank accounts of the Union, provided that any such two officers shall always include the Treasurer. These officers shall also operate the savings and current accounts of the Union. (b) Any two of the following officers of a Branch, that is to say, the Chairperson, the Financial Secretary and the Treasurer may sign cheques on the accounts of the Branch, provided that any such two officers shall always include the Treasurer.

13

ARTICLE 24: MISCELLANEOUS (i) Subject to the law of the land, members of the Union shall not take part in a strike or in any way withhold their services from their employers without the express approval of the National Executive Council and the members as determined by a majority of votes of the members in a secret ballot. (ii) A strike or any other type of industrial action not authorised by the National Executive Council shall be regarded as not official. (iii) In deciding whether or not to authorise any form of industrial action, the National Executive Council shall be guided by the advice of the Branches and the provisions of the law and general Industrial Relation Practice and environment as the case may be. (iv) Subject to the provisions of this Constitution the National Delegates Conference, the National Executive Council and the Branches shall have the power to make rules to regulate their own proceedings. (v) In the event of dissolution of the Union as provided in this Constitution and subject to the law of the land, the assets and liabilities of the Union shall be fully discharged and any funds remaining shall be divided among the members in equal shares. ARTICLE 25: INTERPRETATION (i) An observer branch is a branch admitted by NEC without a charter from NDC. (ii) Authorised body, for the purpose of electing National Officers shall be the Biennial Delegates Conference and for electing the Branch Officers shall be the Biennial General Meeting of each Branch. (iii) Authorised Person, for the purpose of receiving the Unions property in possession of any officer on resigning or removal from his or her office shall be the President in respect of National Officers and Chairperson in respect of Branch Officers. In the case of the President and Branch Chairperson the authorized person shall be the General Secretary and the Branch Secretary respectively. (iv) Charter feesa fee that accompanies application for charter from a new Branch after observer status. Due Process, for the purpose of taking disciplinary action against any member, or branch shall mean giving the member branch concerned notice of the charge(s) against him or her and affording him or her reasonable opportunity to defend himself or herself against such charges before an independent and impartial body set up by the Branch, NEC or NDC as the case may be. Just cause, for the purpose of taking disciplinary action against any member shall include a breach of any Union Rules and Regulations in force, or a breach of any rule of the Code of Conduct or any other misconduct declared to be unworthy of any member of the Union by the Biennial General Meeting or

(v)

(vi)

14

the Biennial Delegates Conference, provided that a decision of the Biennial Delegates Conference in such matters shall be final. ARTICLE 26: AMENDEMENTS (i) (ii) This Constitution may be amended from time to time No new rules shall be made and no rules in this Constitution shall be altered, amended or rescinded except: (a) Notice of such proposal has been duly communicated to the branches at least one month before the National Delegates Conference; and (b) The notice of proposal shall carry the signatures of a hundred members at least, or one third of the membership of the branch, provided that NEC shall have the power to propose amendment to the Constitution to the NDC. (c) By a simple majority of the votes cast by the Delegate present and in secret ballot at a National Delegates Conference. All constitutional amendments shall take effect immediately after their adoption by the National Delegates Conference. All supplementary rules shall be submitted to the President for the attention of the National Executive Council.

(iii) (iv)

15

APPENDIX I CODE OF PRACTICE 1. Preamble Although the primary objective of trade unions is to further the economic interests of their members, Trade Unions are basically an integral part of their society and cannot realistically be considered outside it. They have become an important part of the economic fabric of Nigeria - recognised, respected and consulted by the government and by employers. Wherefore the Union pledges itself to conform with the following code of practice. 2. Aims The principal aims of this Code of Practice, therefore, are: (i) to encourage the positive contributions which the Academic Staff Union of Universities can make to the economic and social progress of Nigeria, her associations and interests, and to minimise and resolve the difficulties to which its various operations may give rise to, having regard to the laws, regulations, public policies and practices in force in the country. (ii) to ensure and encourage at all levels the conduct of industrial relations by means of collective bargaining, consultations and effective communication between employers and their organisation and a strong representative union within a voluntary and legal machinery designed for the settlement of disputes; (iii) to develop a vigilant, informed and active membership, conscious of its rights and interests and alive to its responsibilities in the operation of any trade union programme as an effective safeguard against abuses. 3. Use of the Code for Disciplinary Action The failure on the part of any member or official of the Union to observe any of the provisions of this Code shall, in any disciplinary proceedings under the Constitution of the Union or of the Nigeria Labour Congress (NLC), as the case may be, be admissible in evidence and any provision of the Code which appears to the disciplinary tribunal or Committee to be relevant to any issue before it shall be applied. 4. Membership Rights and Responsibilities (i) Each member of ASUU shall have the right to full and free participation in the government of the Union. This shall include the right: (a) to vote periodically, as provided in the Unions Constitution and rules for Branch and National officers either directly or through delegates; (b) to honest and democratically-conducted elections;
16

(c) to stand for and hold office, subject only to fair and reasonable qualifications uniformly imposed; (d) to express his or her views as to the manner in which the Unions affairs should be conducted: (i) each member shall have the right to fair treatment in the application of Unions rules and Constitution. Trade Union disciplinary procedures shall contain all elements of fair play and the rules of natural justice; that is, notice, hearing and judgment on the basis of the evidence should be observed. A method of appeal to a higher body should be provided to ensure that judgments are not the result of prejudice or bias. (ii) each member has the responsibility fully to exercise his rights of trade union membership and, loyalty, to support the Union. The right of an individual member to criticize the policies of the Union and its officers does not include the right to undermine the Union as an institution, to destroy or weaken the Union as a collective bargaining agency, or to carry on slander or libel of any officer of the union. (iii) membership meetings shall be held periodically, as provided for in the Unions Constitution and rules, with proper notice of time and place. It shall be the responsibility of the Union to call such meetings and of the members to attend and participate actively. 5. Grievance Procedure.
(i) Any aggrieved member(s) shall write to the Branch Executive in the first instance, stating clearly his or her grievance. The Branch Executive shall respond within two weeks of the receipt of the letters. If the compliant is not addressed to the satisfaction of the member(s) shall be free to bring the complaint before the branch congress. For the purpose of (ii) above, the chairperson shall summon the congress with 14 days of the receipt of the expression of dissatisfaction of the member(s) Where the complaint an officer to the branch, the Exco shall first try to resolve the matter failing which it shall forward the complaint to the appropriate committee of Congress who shall make its report to congress within 14days of the receipt of the complaint from the Exco. Where the complaint is against the chairperson of the Branch, the finding and recommendation of the congress shall be forwarded to NEC for confirmation or otherwise. Where the complaint is against a National Officer in a Branch, such complaints shall be forwarded to NEC for necessary action. In all case, other than V and VI above, the member(s) shall have right of appeal to NEC whose decisions shall final. No Branch(es) or member(s) shall institute any legal proceedings against the Union(or any Branch) in any court of law without exhausting the domestic remedies provided for in the Grievance procedure containe in appendix I to this Constitution or any other rule and procedure as may be provided by NEC or the branch congress as the case may be. 17

(ii) (iii)

(iv)

(v)

(vi) (vii) (viii)

6. Penalty for Breach Sanctions for breaches of this Code shall be a fine, suspension from membership, affiliation, office or employment and, in the case of an employee of the Union, termination of employment or dismissal. The amount of fine and the appropriate penalty shall be left to the discretion of the Committee/Tribunal set up to adjudicate on the matter subject to an appeal as provided for in the Unions Constitution. 7. Responsibilities of Elected and Appointed Officers of Unions (i) No member shall hold or retain an elected or appointed office in the Union who has been convicted or found guilty of any crime involving moral turpitude, or any malpractices offensive to trade union morality or interests. (ii) No official of the union who already receives full pay from the Union or from the Nigeria Labour Congress shall receive fees or salaries of any kind from any other sources save with the permission of the Union or of the Congress (iii) No elected or paid trade union official shall have a personal financial interest which conflicts with his or her full, effective and unalloyed performance of his or her duties as a workers representative or a representative of the Union. In particular, no elected or paid official or employee of the Union shall own or have substantial interest in any business enterprise with which his or her Union is bargaining collectively or has interests and dealings with, or in any other concern which is in competition with such enterprise or has any considerable dealings with it. (iv) All officers and staff of the Union shall: (a) espouse the cause of workers and their trade unions; (b) uphold and defend the Constitution of the Union at all times; (c) render honest, impartial and efficient services to the Union; (d) serve as an effective link between the Union and its members; (e) be trustworthy and responsible representative of workers to Management; (f) process all legitimate grievances of members in accordance with established procedures; (g) implement faithfully agreements voluntarily entered into with Union; (h) obey all lawful instructions in the discharge of Union functions; (i) eschew all forms of individualism which are inimical to the solidarity, stability and progress of trade union movement; (j) put the interest of the Union and of its members above his or her own personal interest in the conduct of Union affairs; (k) render a true account of his or her stewardship to the members of the Union as and when occasion arises; (l) abide by majority decisions and respect the right of the minority; (m) work for the growth of the Union in strength and freedom;
18

(n) further the cause of industrial democracy, peace, progress and social justice. 8. Financial Matters The fact that a trade union is a democratic organisation implies that the members of the Union are entitled to an assurance that the Unions funds, which are their funds, are not dissipated. They are also entitled to be reasonably informed as to how the funds of the organisation are being used or invested. Since a union holds its funds in trust for the benefit of its members and to further their interest, it should comply with standards generally applicable to fiduciaries or trustees with respect to the manner in which it keeps its records and accounts. Regular audits should be conducted and there should be appropriate distributions of summaries of such audits so that the membership and public are adequately apprised of the state of the organizations finances. 9. Corrupt Practices A basic ethical principle in the conduct of trade union affairs is that no responsible trade union official should have a personal financial interest which conflicts with the full performance of his or her duties as a workers representative or as a representative of the Union and therefore of the trade union. All elected and appointed trade union officials as well as employees of the Union and the trade unions will eschew corrupt practices in all their forms; that is, not only in financial and political matters but also in those matters which involve loss of union prestige and jeopardy of union and membership interests rather than Union assets as such. 10. Racketeering The decisive element in racketeering is personal enrichment at the expense of the workers or employers in the industry. For example, excessive demands, invasion of management rights, violence in trade disputes can be racketeering if the end result is personal enrichment of an individual or group of individuals utilizing their strategic advantages in the Union for the purpose. 11. Political Affairs Unless the rules of this Union otherwise provide, in so far as the funds of the Union represent payments which the members are required to make under the rules, whether by way of subscription, dues or otherwise, those funds shall not be applied (whether directly, or through any other union, association or body, or in any other indirect manner) to the furtherance of any political party. 12. Union Elections As bargaining representatives, trade union officials have the power, in conjunction with employers, to fix workers wages, hours and conditions of employment. It is
19

therefore obligatory on all members of the Union to ensure that officials who wield such power are responsive to the desires of the members whom they represent. The responsiveness of union officials depends upon the regularity of elections and the honest count of ballots. Every Union official and member is therefore obliged not to obstruct the free and fair conduct of elections as and when due in accordance with this constitution.

13. General The principal aim of trade unions is to promote their members interests. They can do this only if the undertakings in which their members are employed prosper. They therefore have an interest in the success of these undertakings and an essential contribution to make it by co-operating in measures to promote increased productivity and efficiency. They also share with management the responsibility for good industrial relations.

20

APPENDIX II KAMPALA DECLARATION ON INTELLECTUAL FREEDOM AND SOCIAL RESPONSIBILITY Chapter I: Fundamental Rights and Freedom Section A: Intellectual Rights and Freedoms. Article I Every person has the right to education and participation in intellectual activity. Article 2 Every African intellectual shall be entitled to the respect of all his or her civil, political, social, economic and cultural rights as stipulated in the International Bill of Rights and the African Charter on Human and Peoples Rights. Article 3 No African intellectual shall in any way be persecuted, harassed or intimidated for reasons only of his or her intellectual work, opinions, gender, nationality or ethnicity. Article 4 Every African intellectual shall enjoy the freedom of movement within his or her country and freedom to travel outside and re-enter the country without let, hindrance or harassment. No administrative or any other action shall directly or indirectly restrict this freedom on account of a persons intellectual opinions, beliefs or activity. Article 5 Every African intellectual and intellectual community has the right to initiate and develop contacts or establish relations with other intellectuals and intellectual communities provided they are based on equality and mutual respect. Article 6. Every African intellectual has the right to pursue intellectual activity, including teaching, research and dissemination of research results, without let or hindrance subject only to universally recognized principles of scientific enquiry and ethical and professional standards. Article 7. Teaching and researching members of staff and students of institutions of education have the rights, directly and through their elected representatives, to initiate, participate in and determine academic programmes of their institutions in accordance with the highest standards of education.

21

Article 8 Teaching and researching members of the intellectual community shall have security of tenure. They shall not be dismissed or removed from employment except for reasons of gross misconduct, proven incompetence or negligence incompatible with the academic profession. Disciplinary proceedings for dismissal or removal on grounds stated in this article shall be in accordance with laid down procedures providing for a fair hearing before a democratically elected body of the intellectual community. Article 9 The intellectual community shall have the right to express its opinions freely in the media and to establish its own media and means of communication. Section B: Right to Form Autonomous Organizations Article 10 All members of the intellectual community shall have the freedom of association, including the right to form and join trade unions. The right of association includes the right of peaceful assembly and formation of groups, clubs and national and international associations. Section C: Autonomy of Institutions. Article 11 Institutions of higher education shall be autonomous of the State or any other public authority in conducting their affairs, including administration, and setting up their academic, teaching, research and other related programmes. Article 12 The Autonomy of the institutions of higher education shall be exercised by democratic means of self-government, involving active participation of all members of the respective academic community.

CHAPTER II: OBLIGATIONS OF STATE Article 13 The State is obliged to take prompt and appropriate measures in respect of any infringement by State officials of the rights and freedoms of the intellectual community brought to its attention. Article 14 The State shall not deploy any military, para-military, security or intelligence, or any like forces within the premises and grounds of institutions of education. Provided that such deployment is necessary in the interest of protecting life and property in which case, the following conditions shall be satisfied:
22

There is clear, present and imminent danger to life and property; and The head of the institution concerned has extended a written invitation to that effect; and c) Such invitation has been approved by an elected, standing Committee of the academic community set up in that behalf. Article 15 The State shall desist from exercising censorship over the works of the intellectual community. Article 16 The State is obliged to ensure that no official or any other organ under its control produces or puts into circulation disinformation or rumours calculated to intimidate, bring into disrepute or in any way, interfere with the legitimate pursuits of the intellectual community. Article 17 The State shall continuously ensure adequate funding for research institutions and institutions of higher education. Such funding shall be determined in consultation with an elected body of the institution concerned. Article 18 The State shall desist from preventing or imposing conditions on the movement or employment of African intellectuals from other countries within its own country.

a) b)

CHAPTER III: SOCIAL RESPONSIBILITY Article 19 Members of the intellectual community are obliged to discharge their roles and functions with competence, integrity and to the best of their abilities. They should perform their duties in accordance with ethical and highest scientific standards. Article 20 Members of the intellectual community have a responsibility to promote the spirit of tolerance towards different views and positions and enhance democratic debate and discussion. Article 21 No one group of intellectual community shall indulge in the harassment, domination or oppressive behaviour towards another group. All differences among the intellectual community shall be approached and resolved in the spirit of equality, non-discrimination and democracy. Article 22
23

The intellectual community has the responsibility to struggle for and participate in the struggle of the popular forces for their rights and emancipation. Article 23 No member of the intellectual community shall participate in or be a party to any endeavour which may work to the detriment of the people or the intellectual community or compromise scientific, ethical and professional principles and standards. Article 24 The intellectual community is obliged to show solidarity and give sanctuary to any member who is persecuted for his intellectual activity. Article 25 The intellectual community is obliged to encourage and contribute to affirmative actions, to redress historical and contemporary inequalities based on gender, nationality or any other social disadvantage. Article 26 Members of the intellectual community may further elaborate and concretize the norms and standards set herein at regional and pan-African level. Article 27 It is incumbent on the African intellectual community to form its own organizations to monitor and publicize violations of the rights and freedoms stipulated herein.

24

APPENDIX III SUPPLEMENTARY RULES ON BRANCH ELECTIONS (i) The National Secretariat shall keep an up to date record of election dates for all the branches. (ii) The National Secretariat shall, through NEC, normally announce at least one month in advance the expiration date of the tenure of the particular Branch Executive Committee. (iii) NEC reserves the right to postpone/suspend the announcement or intended announcement of any date as contained in (ii) above where, in its judgment, the Branch is considered to be in a crisis. (iv) Once NEC has given clearance for the conduct of an election in a branch, the Branch Congress shall set up an Electoral Committee whose responsibility shall be to conduct a free and fair election for the branch. Where the Branch is in crisis, and it is in NECs judgment that there shall be an election, NEC will conduct the election. (v) The Electoral Committee shall publicise the said election and the offices, within the branch, as the case may be, at least two weeks to the actual date of the election. (vi) The Electoral Committee so constituted shall make available, nomination papers to all interested members of the Branch Congress for the purpose of the election. (vii) Voting shall be conducted on the floor of a Congress summoned for the purpose of election. The election shall be well publicised. (viii) Where, however, no candidate emerges winner for any particular post, the Electoral Committee shall, within two weeks, organize another election. (ix) (a) NEC shall send representatives/observers to all branch elections. (b) The NEC representatives/observers shall certify the election as being free and fair. (c ) The NEC representative/observer shall also witness the signing of change of signatories for the Unions account. (x) Upon the successful conclusion of the election, the incumbent executive shall stand dissolved and the new executive so elected shall assume office immediately. (xi) Where the University has multiple campuses, the electoral committee shall ensure that members from all campuses vote in the election through the Congress or adequate arrangements are made for polling centres to be established within such campuses for the purpose of the election. (xii) The Branch Congress shall, where it deems fit, set up an Independent Committee to entertain electoral complaints arising from such elections. Otherwise, all such electoral complaints shall be dealt with summarily by the Congress under the supervision of the NEC representatives/observers. (xiii) Where, however, the Congress is unable to resolve the dispute or crisis as the case may be, the National Secretariat shall be informed as soon as possible by
25

the NEC representatives/observers. The National Secretariat shall present the case to NEC for further directives where necessary.

Issued by ASUU National Secretariat, 2010

26

27