THE CONSTITUTION

OF

CORPS LEGAL AID SCHEME (CLAS)

GROUP COMMUNITY DEVELOPMENT,

KEBBI STATE, NIGERIA

2018
COMMENCEMENT

This Constitution shall come into force on the 1st day of January, 2018; and all
activities of CLAS which took place before the aforementioned date shall be
governed by the provisions of the Constitution of CLAS, 2013 (as amended). This
Constitution shall not have a retrospective/ retroactive effect.
 CONSTITUTION OF THE CORPS LEGAL AID SCHEME KEBBI STATE 2018

ARRANGEMENT OF SECTIONS

CHAPTER ONE: GENERAL PROVISIONS

1. The Group

2. Supremacy of the Constitution

3. Membership

4. Motto

5. Slogan

CHAPTER TWO: AIMS AND OBJECTIVES OF THE GROUP

6. Aims and Objectives

7. Right of Members

8. Duties of Members

CHAPTER THREE: ORGANS OF THE GROUP

9. The Congress

10. Power of the Congress

11. Executive Council of the Group

12. Functions of the Council

13. Powers of the Staff Adviser

CHAPTER FOUR: MEETING, QUORUM, CONDUCT DURING MEETING AND DRESS

CODE

14. Ordinary Meeting of the Group

15. Special Meeting of the Group

 16. Attendance at Meeting

17. Quorum

18. Late Arrival at Meetings

19. Conduct during Meetings.

20. Penalty for Misconduct During Meetings

21. Binding Force of Misconduct During Meetings

CHAPTER FIVE: ELECTION

22. Time for Group Meetings.

23. Establishment of Electoral Committee

24. Nomination and Composition of the Committee

25. Power to fix Election Date

26. Conduct of Election

27. Declaration of Winners

28. Declaration of Unopposed Candidate

29. Vitiating Factors of Aspirants’ Right to Contest

30. Bye- Elections

31. Swearing- in and Taking Oath of Office

CHAPTER SIX: EXECUTIVE COUNCIL

32. Nature of Assumption of Office

33. Regulation of Conduct of Members

34. Resignation of a Member of the Council

35. Constitutional Roles and Duties of Executive Members

CHAPTER SEVEN: FINANCIAL REGULATION AND SOURCES OF FUND

36. The Group Bank and its Signatories

37. Collection and Deposit of Funds

38. Withdrawal of Money

39. Leaving of Reasonable Balance

40. Sourcing of Fund

41. Sourcing of Fund

42. Fixing of Monthly Dues

CHAPTER EIGHT: COMMITTEE OF THE GROUJP

43. Standing Committee of the Group

44. Nomination of Members of the Committees

CHAPTER NINE: MISCELENEOUS PROVISIONS

45. Dress Code

46. Interpretation

47. Citations

SCHEDULES

First Schedule: Amendment of the Constitution

Second Schedule: Vote of no Confidence

Third Schedule: Oath of Office

Fourth Schedule: Swearing-in

Fifth Schedule: Code of Conduct Governing Members Resident in the Ministry of

Justice Corps Members Lodge

 PREAMBLE

We the members of Corps Legal Aid Scheme having firmly and solemnly resolve to serve in unity

as one indivisible and indissoluble NYSC Community Development Service Group in Birnin Kebbi

Zone, Kebbi State, Nigeria, under God; dedicated for peace and national integration, and having

considered the promotion of NYSC objectives as our major priority; do hereby make, enact, and

give ourselves the following Constitution:

 CHAPTER ONE:

GENERAL PROVISIONS

1. There shall be a Community Development Service Group known as the Corps Legal Aid

Scheme (CLAS), Kebbi State.

2. (i) The affairs of the Group shall be conducted in accordance with the provisions of this

Constitution and in accordance with the NYSC Bye-Laws Polices and Directives.

(ii) If any act of this Group is inconsistent with the provisions of this Constitution, this

Constitution shall prevail and that act or omission shall to the extent of its inconsistency be

null and void.

3. All corps members who are lawyers or legal practitioners serving in Birnin Kebbi Zone

shall be members of the Group.

4. The Motto of the group shall be justice for all.

5. The Slogan of the group shall be great CLAS; and the response shall be justice for all.

CHAPTER TWO:

AIMS AND OBJECTIVES OF THE GROUP

6. The aims and objectives of the group shall be:

(i) To offer free legal services to corps members within the state, and to the host

community at large.

(ii) To represent the National Youth Service Corps at the zonal and state levels, the

corps welfare association, and individual corps members in any litigation and in all

matters incidental thereto.

 (iii) To organize civil rights education among corps members and post- primary

institution in the state.

(iv) To organize public enlightenment programs on legal right and civil duties in the

electronic media and prison.

RIGHTS OF MEMBERS

7. A member shall have the following Rights:

(i) Right of audience at all meetings of Group.

(ii) Right to vote and be voted for in an election of the group subject to the provision of

section 23 of this Constitution.

(iii) Right to financial assistance.

DUTIES OF MEMBERS

8. All members are under the duty to:

(i) Maintain utmost decorum at all meetings of the Group.

(ii) Attend all meetings and activities of the Group.

(iii) Accept and undertake any duty as may be assigned to him by the Congress or the

Executive Council.

(iv) Possess a copy of the Constitution of the Group.

CHAPTER THREE:

ORGANS OF THE GROUP

9. (i) The meeting of all members of the Group shall be known as the “Congress” and

addressed as such.

(ii) There shall be a weekly meeting called the Legal Aid “CDS” day.”
10. The Congress shall have the powers:

(i) To pass a vote of no confidence on the Executive Council as provided in the second

schedule to the Constitution.

(ii) To move a motion for impeachment and subsequence removal of any or all the members of

the Executive Council on a substantiated allegation of gross misconduct or incapacitation.

(iii) To deliberate and take decision on all issues concerning the welfare of members of the

Group.

11. There shall be for the group an Executive Council, herein referred as the “the Council”

comprising the following.

(i) President

(ii) Vice President

(iii) Secretary General

(iv) Advocate General

(v) Assistant Secretary General

(vi) Financial Secretary

(vii) Treasurer

(viii) PRO

(ix) Provost Marshal

12. The Council shall exercise the following functions:

(i) Oversee the day to day running of the Group in accordance with the provisions of the

Constitution.

(ii) Carry out such functions as mandated by the Congress.

13. The Staff Adviser, appointed by the NYSC State Coordinator, shall have advisory power

which may be subject to the approval of the State Coordinator.

 CHAPTER FOUR:

MEETINGS AND QUORUM DURING MEETINGS

14. There shall be an ordinary meeting of the Group once a week on a day and at a venue to be

determined by the congress in consultation with the staff adviser.

15. Special and extra-ordinary emergency meetings of the Congress may be summoned by the staff

adviser or the executive council.

16. Attendance shall be taken at every meeting of the group.

17. The council shall commence its deliberations as soon as three (3) members are present. In the

case of a Congress Meeting, as soon as five (5) members are present if the total number is more

than ten (10); and three (3) members, if the total number is less than ten (10).

18. Late coming to meeting by a member shall not be condoned.

(i) Late coming shall attract a fine of N50 in the case of a member; and in case of an Executive

Council member N100.

(ii) Any member of the Group who absent himself from a meeting without any cogent

reason(s) shall pay a fine of N200 and in case of an Executive Council, a fine of N300.

(iii) Any cogent reason, prior notice and notice of non- attendance shall be forwarded to the

provost at least one hour before the meeting. Failure to do so within the stipulated time

shall render such notice null and void.

(iv) The Staff Adviser shall refuse to sign the CDS card of any member who defaults in

paying the fines stipulated in paragraphs (i) & (ii) of this section.

19. Deliberations during the Congress, Extra-Ordinary Meeting or Executive Meeting shall be

conducted in accordance with the provisions of this Constitution; and any meeting of the

Congress shall be conducted with utmost orderliness, as no misconduct shall be tolerated.

 (i) Any member of the Congress who embarrasses a member of the executive council shall

render a public apology, after a fear hearing of such member by the staff adviser.

(ii) Any member of the Executive Council who embarrasses a member of the congress shall

render a public apology, after a fear hearing of such member by the staff adviser.

20. Only one person shall speak at a time and contravention of the above section shall be penalized

by the Congress.

21. (i) Any decision taken during any of the Meetings shall be binding on all members irrespective

of anyone’s absence.

(ii)Where no agreement is reached concerning any issue, a vote shall be taken to decide what

step the group will take.

22. (i) The Group meeting shall commence by 10am, with a 10 minutes extension of time to

exculpate those arriving thereafter from the penalty stipulated under section 18(i) of this

Constitution.

Provided that on every last Friday of the month, the Group meetings shall commence by 9am to

accommodate the attendance of the Nigerian Bar Association meeting which shall commence,

thereafter, by 10am.

(ii) All the Group meetings shall be brought to a close before 2pm.
 CHAPTER FIVE:

ELECTION

23. There shall be an election into the various offices in the Group not later than two weeks to the

end of each service year of any incumbent council.

24. (i) An Electoral Committee comprising of three (3) members nominated by the Congress shall

be inaugurated.

(ii) The Electoral Committee shall comprise of one out-going Corps Member who shall be the

Chairman and two other members of the Group.

(iii) (a) Election into the offices of President and the Advocate-General of the group shall be

contested for only by members who are Legal practitioners.

(b) The offices of the President, Secretary-General and Advocate-General shall be contested

for only by members of the most senior batch, not the most senior stream.

(c) Where there are no Legal Practitioners or where there are no willing or capable Legal

Practitioners in the most Senior Batch, the matter shall be referred to the staff adviser for

advice and directives.

(iv) Election into any other office not reserved under paragraphs (a) and (b) of this sub-

section may be contested by any member of the group.

25. The Electoral Committee shall fix the election date on the approval of the Staff Adviser.

26. Election shall be by open secret ballot following the submission of names by interested

candidates to the Electoral Committee within time frame specified by the Committee in the

Electoral Guidelines.

27. The Candidate with the highest number of vote at an election shall be declared winner.

28. An unopposed candidate shall be deemed elected for the position.

29. (i) A member shall not be eligible to contest if he did not meet up the requirement of 70%

attendance in meetings of the Group.

 (ii) A member contesting for any elective position must pay his/her monthly dues up to date

and any other outstanding debts.

30. Bye-election shall be conducted accordingly in the event of the following:

3030

(i) Where there is no winner in an election by virtue of a simple majority that is, a tie.

(ii) Where there exists a vacancy as a result of either:

(a) Resignation by a member of the council; or

(b) Impeachment and subsequent removal from office,

(c) Death or permanent incapacitation of a member of the council.

31. Swearing – in of elected council members and taking of Oath of office shall be held on a CDS

day following the election unless otherwise provided.

CHAPTER SIX:

THE EXECUTIVE COUNCIL

32. All positions in the Council shall be by election as specified in this Constitution.

33. The council shall regulate the conduct of members of the group and perform such functions as

may be expedient to giving effects to the aims and objectives of the Group.

Provided such regulation do not constitute a crime under any Law in Nigeria or amount to

contradicting the NYSC Act and Bye-Laws.

34. Any member of the Council who wishes to resign from his office shall give two weeks written

notice and shall thereafter hand over all the Group`s properties in his care to the council or the staff

adviser.
35. Constitutional Roles and Duties of Executive Members

1) (a) There shall be for the group a president.

(b) The president shall:

i. Be the head of the Executive Council and the Congress.

ii. Preside over meetings of the Executive Council and the Congress.

iii. Be a signatory to the Group`s account.

iv. Be the chief accounting officer of the Group.

v. Represent the group in dealings with necessary authorities.

vi. Be the head of Ministry of Justice Lodge and shall take decision subject to the

resolution of the Congress (members) which shall be binding on member residing in

the lodge.

vii. Perform such other function as may from time to time be assigned to him by the

congress.

(2) (a) There shall be for the group a Vice President

(b) The vice president shall:

i. Preside over meetings in the absence of the president.

ii. Undertake any other function that ordinarily would have been undertake by the

President in the absence of the president.

iii. Perform any other function assigned to him or incidental to so acting.

(3) (a) There shall be for the group a Secretary – General

(b) The secretary general shall:

i. Serve as the head of the Group`s Secretariat.

ii. Write and receive correspondence for the Group.

iii. Record and produce minute of the meeting for the Group.

iv. Coordinate the administrative machinery of the Group.

 v. Coordinate the organizing of public lectures, debates and other social function of the

Group.

vi. Be an ad-hoc member of the Social Committee.

vii. Perform any other duties incidental to the effective running of the office.

(4) (a) There shall be for the Group an Advocate-General

(b) The Advocate-General shall:

(i) Be in charge of all litigation activities of the group.

(ii) Be the head of the head of the judicial committee.

(iii) Be the link between the group and Legal Aid Council as well as the Bar in the state.

(iv) Enlighten old and new members on the general legal frame work guiding the Group.

(v) Perform any other function as may be assigned to him from time to time.

(5) (a) There shall be for the group an Assistant secretary-General

(b) The Assistant Secretary-General shall:

(i) Document the minutes of a meeting in the absence of the Secretary-General

(ii) Perform any other functions that would have been ordinarily undertaken by the

Secretary-General in the absence of the Secretary-General: and

(iii) Perform any other functions as may be assigned to him.

(6) (a) There shall be for the group a Financial Secretary

(b) Financial Secretary shall perform the following functions:

i. Keep and maintain the financial record of the Group.

ii. Prepare an account of income and expenditure on monthly basis.

iii. Run a petty interest account for the day running of the group’s business.

iv. Be an-hoc member of the Fund Raising committee of the Group.

(7) (a) There shall be for the Group a Treasurer.

(b) The treasurer shall:

 i. Deposit all collection monies of the Group ready in the Group’s bank account within

a period of not less than 24 hours unless otherwise directed by the Congress.

ii. Be accountable to the Group as far as finance of the Group is concerned.

iii. Be a signatory to the Group’s account.

iv. Be an ad-hoc member of the Fund Raising Committee for legal Aid week.

v. Perform any other duty that may be incidental to his office.

vi. Ensure that all monies accruing to the Group are safely kept and readily available

when the need may arise.

(8) (a) There shall for the group a Public Relations Officer (PRO).

(b) The PRO shall:

i. Be the image maker of the group without prejudice to the function of the president.

ii. Be the chairman of the Legal Aid publicity committee.

iii. Be an ad-hoc member of the Legal Aid social committee.

iv. Perform any other duty that may be incidental to his office.

(9) (a) There shall be for the group a Provost Marshal

(b) The Provost Marshal shall:

(i) Be responsible for maintaining peace and order in all meetings of the group

(ii) Perform any other function as may be incidental to his office

(iii) Ensure and enforce discipline and order within the Group and at the lodge.

(10) Notwithstanding anything to the contrary, nothing shall prevent a council member from

delegating any but not all of his functions with the consent of the president.

Provided that the president shall be at liberty to delegate his functions in section 34(1) above.
 CHAPTER SEVEN:

FINANCIAL REGULATIONS AND SOURCES OF FUNDS

36. The group shall maintain an account with a Nigerian Bank in Birnin Kebbi Branch, which shall

have three (3) signatories: staff adviser, president, and treasurer.

37. All monies collected by the Treasurer on behalf of the group shall be recorded and such

money shall be paid into the group’s account within 24 hours of collection; or a directed by the

congress.

38. Not more than 1,000 thousand Naira should be removed from the treasury by the Executive

without the Consent of the congress first sought and obtained.

39. Effort must be made by every incumbent Executive council to leave a reasonable balance in

bank account for the incoming Executive council for proper take off.

40. Fund may be sourced by Group from reputable individuals, group, government agencies and

corporate Bodies when necessary.

41. Fund raising and launching may also be organized by the group, in order to solicit for

financial assistance when necessary.

42. Monthly dues shall be fixed by the Executive council with approval of the congress.

CHAPTER EIGHT:

COMMITTEES OF THE GROUP

43. There shall be the following standing committees of the Group to be appointed by the

president:

i. Financial committee, to be headed by the chairman known as the chairman of the

finance committee, which shall be responsible for the fund raising.

 Provided that the function of the committee shall not include the preparation and

rendering of accounts of the Group, that being the duty and the function of the financial

secretary.

ii. Welfare committee, to be headed by the chairman known as the chairman of the welfare

committee, which shall oversee the welfare of corps members.

iii. Social committee, to be headed by chairman known as the chairman of the social

committee, which shall be responsible for the organization of dinners or any other social

gathering.

iv. Judicial committee, to be headed by the chairman known as the Advocate - General, which

shall oversee all legal matter arising out of the execution of the Group’s objective provided

under section 6 (i) of this Constitution.

v. Sensitization committee, to be headed by a chairman known as the Chairman of the

sensitization committee, which shall be responsible for carrying out sensitization

programmes for the execution of the Group’s objectives as provided under section 6(ii) -

(iv).

vi. Editorial committee, to be headed by a chairman known as the Chairman of the editorial

committee, which shall be responsible for publishing the legally speaking magazine.

Provided that the number of the members of such committee shall be an odd number but not

one (1)

44. Members of any of the committee in section 42 shall be nominated by the president who shall

have prerogatives to create other committee(s) as he may deem it fit for proper administration of

his official functions.

 CHAPTER NINE:

MISCELLANEOUS PROVISIONS

DRESS CODE

45. The dress code for all the Group meetings shall be the NYSC habiliments, as defined under

section 46 of this Constitution. Any member who is not properly dressed shall not be allowed to

enter the CDS meeting venue, except he provides a medical report to prove that he has sustained an

invisible injury; or his injury is so visible to make a reasonable man conclude that he has a

justifiable reason for not complying with the dress code.

INTERPRETATION

46. In this Constitution unless otherwise expressly provided:

(i) “Corps Welfare Association” means all community Development Groups in Kebbi state.

(ii) “Group” means the Corps Legal Aid Scheme.

(iii) “He” means male and female members of the group.

(iv) “Matter” means litigation, whether of criminal or civil.

(v) “Members” means a member of the corps legal Aid scheme.

(vi) “Lawyer” means a member of the group who has obtained a degree in law (LL.B).

(vii) “Legal practitioner” means a person who has been called to the Nigeria Bar and duly

enrolled at the Supreme Court.

(viii) NYSC habiliments comprises a white t- shirt, green khaki trouser and a white tennis or

NYSC jungle boot.

CITATION

47. This constitution may be cited as the Constitution of the Corps Legal Aids Scheme CDS Group,

Kebbi state, 2018.

 SCHEDULES

FIRST SCHEDULE: AMENDEMNT OF CONTITUTION

1. No amendment shall be valid except:

(i) it is passed by the congress

(ii) it is by a 2/3 majority votes of members in a congress meeting called for the purpose of the

amendment

2. (i) A motion for amendment may be brought by not less than two members.

(ii)The motion shall state the ground for the proposed amendment, names and signatures of the

sponsors.

SECOND SCHEDULE: VOTE OF NO CONFIDIENCE

1. A vote of no confidence shall not be valid except

(i) It is passed by 2/3 majority of the congress present and voting.

(ii) It is endorsed by the staff adviser.

2. A motion for vote of no confidence shall not be brought less than 2/3 majority of the congress.

3. The ground for the proposed vote, names of the proposal and their signatures shall be in writing.

4. The Executive committee or Officer concerned shall be given a month to give written answer to

the motion.

THIRD SCHEDULE: OATH OF OFFICE

I, …………………………………..do solemnly affirm that I will be faithful and bear true

allegiance to the legal aid community development group, Birnin Kebbi LGA, and that as the

………………………………….of the group, I will discharge my duties to the best of my ability,

faithful and the NYSC scheme; so help me god.

FOURTH SCHEDULE: SWEARING-IN

All officers of the Group shall be sworn in by the Legal Aid Council of Nigeria, Kebbi State

Branch.

FIFTH SCHEDULE:

CONDUCT OF CONDUCT GOVERNING CORPS MEMBERS RESIDENT IN THE

MINISTRY OF JUSTICE’S CORPS MEMBERS LODGES.

1. The legal profession is an honorable profession, therefore, every members shall demonstrate a

high level of decorum while at the lodge.

2. The taking of alcoholic drink within the premises of the lodge is prohibited.

3. There shall be no form of smoking inside and within the precincts of the lodge

4. No person shall himself or through his visitor inconvenience or cause discomfort to fellow

roommates.

5. There shall be maintenance of hygiene and absolute cleanliness in the lodge

6. Every inhabitant shall observe a weekly sanitation exercise within and round the lodge, every

Saturday.

7. Any corps member who vandalizes or damages any appurtenances, properties, fixtures and

other concerns attached and affix to the lodge shall repair it immediately.

8. There shall be no form of fighting, intimidation, molestation, harassment, by a member or his

visitor against another member of the lodge.

9. No married person shall live in the lodge with his/ her spouse, family or household.

10. A member shall be vicariously liable for violation of any of the above rules by his visitor.

11. Nigeria is a secular state, and therefore every form of worship in the lodge shall be done with

absolute decency and decorum having regard to the comfort and privacy of other occupants.
12. In the female lodge, no opposite sex shall be invited to lodge, except for the purpose of

installing and repairing some basic amenities in the lodge. A notice of invitation for such

purpose shall be given to all the occupant of the lodge, in order to avoid the springing up

of surprises.