Lawsan Constitution

Transcription

Lawsan Constitution
CODE OF CONDUCT ACT OF
(LAWSAN) 2015
February 2015.
Commencement
1
PREAMBLE
We the members of the Legislative Council of Lawsan 2014/2015
academic session of the Law Students Association of Nigeria, Rivers
State university of Science and technology Chapter, in tandem with
section 14(3) a of the Reviewed Lawsan Constitution 2013 do hereby
make, enact, and give ourselves this law to be referred to as the Code
of Conduct Act 2015, being conscious of the Ethics of the legal
profession to help regulate, ameliorate the behaviour of law students,
and thus, punish conduct which are prohibited in this Act.
2
ARRANGEMENT OF SECTIONS
PART 1:
1.
2.
Short title and Interpretation
Short title
Interpretation
PART 2: Establishment of Code of Conduct Act, Code of Conduct
Committee, Chairman of Code of Conduct Committee.
3.
Establishment of code of Conduct Act of Lawsan 2015
PART 3: Enforcement/Implementation/Adherence to the Code of Conduct
Act
4.
Adherence to the code of conduct Act
5.
Enforcement/Implementation of the Code of Conduct Act by Code of
Conduct Committee
PART 4: Confirmation of chairman, Members of the code of Conduct
Committee.
6.
Confirmation of the appointment of members and the chairman of
Code of Conduct Committee.
PART 5: Offences/Prohibitions/Punishment
7.
Indiscriminate urinating
8.
Molestation, Insult, Assault, Jesting of lecturers
9.
Lateness to lecture
10.
Fighting/ Assault/Instigation of Riot
11.
Establishment of unlawful society/group
12.
Mutilation of Law Reports
13.
Loitering
14.
Acquisition of any unlawful monetary and pecuniary advantage by a
Lawsan Public Officer.
15.
Carrying of Desks outside the classroom
16.
Indiscriminate Posting of bills
17.
Being found in secret areas in the faculty building during lecture
period.
18.
Dress Code
19.
Disturbance
20.
Immoral/Unethical behaviour
21.
Molestation/ Fighting/Assault of Lawsan Public Officers.
3
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
Stealing of Law Reports, Journals, Text books.
Chewing of gums with the intention to disturb a Lecture period.
Conduct during congress meetings, faculty seminars, meetings.
Prohibition of defamatory statements by Lawsanites during election
period.
Indecent parking of vehicles.
Prohibition of the bringing of items for sale in the faculty and lecture
halls.
Bringing of cigarettes/smoking/drinking of alcoholic drinks in the
faculty
Fraud by Lawsanites and Lawsan Public Officer.
Decorum.
Gambling/betting
Decorum in the law library.
Littering
Defamation general
PART 6: Jurisdiction general
35.
Jurisdiction
PART 7: Application of the Code of Conduct Act
36.
Application.
PART 8: Collection of Fines
37. Collection of fines by the Chairman of Conduct Committee
4
Part One
Short title and interpretation
SECTION 1: SHORT TITLE
This Act may be cited as the Code of conduct Act of Lawsan 2015.
SECTION 2: INTERPRETATION
In this Act
”Lawsan Public Officer” means
The Lawsan president
The vice President
The Senate President and deputy Senate president
Senators
Clerk of the Senate
The secretary General
The Assistant Secretary General
The Financial Secretary
The Treasurer
The Director of Socials
The Public Relations officer
The Provost
The Auditor
Chief Justice of Lawsan, Justices of the Lawsan Court of Appeal,
Chief Judge of Lawsan High Court, Judges of the Lawsan High
Court, Magistrates, Registrar of both Lawsan Court of Appeal and
High Court and other Judicial Officers and Staff of Court of Law in
Lawsan
The Attorney General
Chief Press Secretary of Lawsan, Chairman of the various Lawsan
Committees and Secretaries of Lawsan committees and any other
public Officer of Lawsan not mentioned.
“Reasonable” means what is right in the eyes of a right thinking
member of Lawsan.
“Lawsanites” means LLB year 1 to LLB year 5
“Day” means: 6:00am – 6:00pm
“Break period” means 12pm – 1pm
“Well dressed” means strict compliance with the Faculty Dress Code
“unusual” means any thing inconsistent with the Ethics of a law
student.
5
Part Two
Establishment of Code of Conduct Act Lawsan 2015 and Code of
Conduct Committee and Chairman of Code of Conduct committee.
SECTION 3: ESTABLISHMENT OF THE CODE OF CONDUCT ACT OF LAWSAN
(1) There shall be established for Lawsan a Code of Conduct Act to
be referred as “Code of conduct Act of Lawsan 2015.”
(2) The code of conduct Act shall regulate, prohibit and punish
conduct by Lawsanites and Lawsan Public Officers.
(3) The provisions of this Act is subject to the Reviewed Lawsan
constitution 2013.
(4) There shall be established for Lawsan a code of Conduct
Committee which shall comprise of members from LLB year 1 –
LLB year 5 with five members in each level
(5) There shall be a Chairman of code of Conduct Committee
Part Three
Enforcement/Implementation/adherence to the Code of Conduct
Act.
SECTION 4: ADHERENCE TO THE CODE OF CONDUCT ACT
(1) Every Lawsanite and Lawsan Public officer must adhere strictly
to the letters of the provision of this Act.
(2) Ignorance of the provisions of this Act shall be no excuse by
any Lawsanite or Lawsan public Officer
SECTION
5:
(1)
(2)
(3)
ENFORCEMENT/IMPLEMENTATION OF THE CODE OF
CONDUCT ACT BY CODE OF CONDUCT COMMITTEE
The provisions of the Code of Conduct Act shall be
Enforced/Implemented by the Committee on Code of Conduct
of Lawsan.
As provided in section 3 of the Act, the Committee shall
comprise of eligible members of LLB year 1 to LLB year 5.
The Lawsan president is vested with the sole power to create,
form the code of conduct committee with the number of
persons to be constituted therein.
6
Part Four
CONFIRMATION/SECRETARY OF MEMBERS OF THE CODE OF CONDUCT
COMMITTEE
SECTION 6: The Lawsan Senate shall have the power to screen, confirm, the
members to be appointed by the Lawsan executive president and the
confirmation of the appointment of the Chairman Code of Conduct Committee.
Part Five
OFFENCES/PROHIBITIONS/PUNISHMENTS
SECTION 7:
(1)
(2)
INDISCRIMINATE URINATING
`It is an offence under the Act for a Lawsanite or Lawsan Public
Officer to urinate outside the faculty and its environs except in
Faculty designated conveniences.
Any Lawsanite or Lawsan Public Officer who violates the
provision of this section If found guilty shall pay a fine not
below N500 and not exceeding N1000 or suspension of two
weeks.
SECTION 8: MOLESTATION, INSULT, ASSAULT, JESTING OF LECTURERS
(1) No Lawsanite or Lawsan Public Officer shall insult, assault,
fight, molests, make jest of any lecturer during lecture period,
non lecture period, break period or at anytime in the faculty.
(2) Any Lawsanite or Lawsan Public Officer who violates the
provision of this section shall if found guilty be suspended for 2
weeks or pay a fine of N1000.
(3) Upon lapse of the suspension, the offender must write a letter
of apology to the Faculty board, the molested lecturer, and to
each class of the faculty.
(4) The letter written by the offender shall be posted appropriately
in all notice boards in the Faculty and in the various classes.
SECTION 9: LATENESS TO LECTURE
(1) No Lawsanite or Lawsan Public officer shall be admitted into a
lecture hall 30 minutes after the commencement of a lecture.
(2) With respect to sub section one of this Section a lecturer “suo
motu” may decide to refuse the admision of a student
immediately after the lecture commences.
(3) Any recalcitrant Lawsanite or Lawsan public Officer who
disobeys the provision of this section, and refuses to obey the
directives of a lecturer as regards non-admission into a lecture
hall shall be suspended for one week.
7
SECTION 10: FIGHTING/ASSAULT/INSTIGATION TO RIOT
(1) It is an offence under this Act for a Lawsanite or Lawsan Public
officer to fight, slap, quarrel or cause any riot in the Faculty.
(2) Any Lawsanite or Lawsan Public Officer who;
(a) fights, quarrels, or cause and instigate any riot in the Faculty
or;
(b) aids the fighting, quarrel or the instigation of a riot or;
(c) procures any to fight, quarrel or to instigate a riot shall if found
guity be suspended for one week or pay a fine not below N500
and not exceeding N1000
SECTION 11: ESTABLISHMENT OF UNLAWFUL SOCIETY/GROUP
(1) The establishment of a unlawful society or group by a
Lawsanite or Lawsan Public Officer is prohibited under this Act.
(2) A society or group is an unlawful society if formed for any of the
following purposes.
(a) To commit or incite any act of violence in the Faculty.
(b) To levy or encourage the distortion or overthrow of the Lawsan
president.
(c) To encourage or cause bickering among Lawsan Executive
Officers.
(d) To disturb the peaceful atmosphere in the Faculty.
(e) To cause the infliction of grievous harm, death of any
Lawsanite, Lawsan Public Officer, Lecturers etc.
(f)
To cause the destruction of property in the Faculty.
(g) To ensure the unsuccessful, failure of a government in power
for that academic section to wit; forming a strong opposition
(3)
(4)
(5)
Any Lawsanite or Lawsan public officer who forms or
establishes an unlawful society for the purposes mentioned in
subsection 2 a-g or, is a member of the said unlawful society
or;
Aids the formation or establishment of the unlawful society,
encourages membership of any Lawsanite or Lawsan public
Officer.
Procures the formation and membership of any one into the
unlawful society shall upon conviction shall pay a fine of N5000
or be suspended for 3 weeks.
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SECTION 12: MUTILATION OF LAW REPORTS
(1) No Lawsanite or Lawsan Public officer must be seen writing in a
law report with a pen, pencil, or detaching and mutilating a
page of a law report, or writing his/her name in any page of a
law report.
(2) Any one who violates the provision of this section must buy the
said law report mutilated or detached in addition to two other
law reports.
SECTION 13: LOITERING
(1) No Lawsanite or Lawsan Public officer must be seen liotering
during a lecture period except during break period.
(2) It shall be no excuse for a Lawsanite or a Lawsan Public Officer
to opine that he/she has no lecture at that hour of liotering,
but such Lawsanite or Lawsan public officer must reside in any
available empty class, Faculty library or cafeteria.
SECTION 14: ACQUISITION OF ANY UNLAWFUL MONETARY AND
PECUNIARY ADVANTAGE BY A LAWSAN PUBLIC OFFICER
(1) The acquisition of any unlawful monetary or pecuniary
advantage by a Lawsan Public Officer from funds given to
Lawsan or donated to Lawsan is prohibited under this Act.
(2) Any unlawful monetary advantage in possession by a Lawsan
Public Officer shall upon discovery of such sum of money be
forfeited by the offender and the money given to the Lawsan
Staff adviser.
SECTION 15: CARRYING OF DESKS OUTSIDE THE CLASSROOM
(1) No Lawsanite or Lawsan Public Officer must be seen carrying
chairs/desks outside the premises for the purpose of sitting
down.
(2) Any one who violates this section shall be compelled to carry
the desk inside.
(3) Any lawsanite who refuses to carry the desk inside shall upon
conviction pay a fine not below N500 and not exceeding N1000.
SECTION 16: INDISCRIMINATE POSTING OF BILLS
(1) No Lawsanite or Lawsan Public Officer shall post any article,
legal posers, hand bills, legal journals, Christian journal;
election posters, indiscriminately on the walls of the faculty
building except on the recognized notice boards in the lecture
halls and notice boards in the Faculty.
(2) Any one who violates the provision of this section shall If found
guity pay a fine not below N500 and not exceeding N1000
9
SECTION 17: BEING FOUND IN SECRET AREAS IN THE FACULTY
BUILDING DURING LECTURE PERIOD
(1) No Lawsanite or Lawsan public officer must be found in
clandestine areas of the faculty during a lecture period.
(2) If caught the offender must explain within 24 hours to the
Faculty board his /her reasons for being there at that point in
time
SECTION 18: DRESS CODE
(1) Every Lawsanite or Lawsan Public officer must be properly
dressed in other to be admitted by a lecturer into a lecture hall.
(2) The wearing of coloured ties, shoes, belt, stockings, trousers,
long sleeves shirts, gowns skirts is prohibited amongst
Lawsanite and Lawsan Public Officers.
(3) The wearing of short black skirts, black chinos trousers, white
short sleeves for the guys,folding of longsleeves is prohibited
under this act.
(4) The wearing of long earrings,fixing of long nails and unusual
hair styles is prohibited under this act.
(5) The cutting of inappropriate hair styles for the boys to wit;
“galas” and the fixing of coloured hair style is prohibited.
(6) Subject to the provision of subsection 2 of this section coloured
ties, belt, shoes, stockings; trousers mean other colours outside
the recommended and accepted colour “black”.
(7)
Any Lawsanite who contravenes this section shall if found
guilty be punished in accordance with section 46(3) of the
reviewed Lawsan Constitution 2013 and shall pay a fine not
below N500 and not exceeding N1500
SECTION 19: DISTURBANCE
(1) No Lawsanite or Lawsan public Officer shall be found making
or procuring someone else to instigate or make any
unnecessary, inappropriate uproar, noise, with the aim of
disturbing learning in the faculty or serenity of the Faculty
(2) For the purpose of this section an uproar or noise made or
instigated by a student must be done within the confines of a
lecture room and must be reasonable.
(3) Any Lawsanite or Lawsan Public Officer who makes or procures
another to make or instigate any unnecessary noise, uproar,
which is viewed as disrupting the learning environment of the
faculty without any genuine reason shall be suspended for 2
weeks or pay a fine not below N500 and not exceeding N1000.
10
SECTION 20: IMMORAL/UNETHICAL BEHAVIOUR
(1) No Lawsanite or Lawsan public officer shall engage in any
immoral behaviour in the faculty e.g., kissing.
(2) The bringing of pornographic movies to the faculty is highly
prohibited.
(3) If found guity the prohibited movie shall be forfeited by the
student and destroyed by the chairman of the Code of conduct
committee upon the direction of the court and such offender
shall pay a fine not below N500 and not exceeding N1000
SECTION 21: MOLESTATION/FIGHTING/ASSAULT OF LAWSAN PUBLIC
OFFICERS
(1) No Lawsanite shall molest fight or assault any Lawsan public
Officer within The confines of the faculty and university.
(2) Any Lawsanite who contravenes the provision of this section if
found guilty shall pay a fine not below N500 and not exceeding
N1000.
(3) Any Lawsanite who aids or procures another Lawsanite to
molest, fight, or assault any Lawsan Public Officer shall if
found guilty shall pay a fine not below N500 and not exceeding
N1000 or be suspended for 4 days
SECTION 22: STEALING OF LAW REPORTS JOURNALS, TEXT BOOKS
(1) The stealing of Law reports, Law Journals and Law textbooks
from the faculty’s library is prohibited under this Act.
(2) No Lawsanite or Lawsan Public officer shall steal any law text
book or any Law related article, Journal, Magazine from
another Lawsanite or Lawsan public officer.
(3) Any one who violates the provision of this section shall be
suspended for 2 weeks or pay fine not exceeding N1000
SECTION 23: CHEWING OF GUMS WITH THE INTENTION TO DISTURB A
LECTURE PERIOD
(1) The chewing of gums in the classroom with the intention to
disturb a lecture is prohibited under this act during a lecture
period.
(2) Any one who violates the provision of this section shall if found
guilty pay a fine of N500
SECTION
24:
(1)
CONDUCTS DURING CONGRESS
SEMINARS/MEETINGS
MEETINGS,
FACULTY
Every Lawsanite or Lawsan public Officer must conduct
himself/herself properly, during congress meetings, faculty
11
(2)
SECTION
seminars and meetings and must not exhibit any indecent
behaviour during such meetings or seminars.
Any Lawsanite or Lawsan Public officer who portrays any
mischievous, unscrupulous or indecent and improper
behaviour will be ordered to leave such meeting or seminar and
disciplined by the faculty board.
25:
(1)
(2)
(3)
(4)
PROHIBITION OF DEFAMATORY STATEMENTS BY
LAWSANITES DURING ELECTION PERIOD
During election period, no Lawsanite or Lawsan public officer
shall write any article, post any publication defaming the
character and personality of an intending election aspirant.
During election campaigns, the campaign managers of an
aspirant must not utter defamatory words damaging the
reputation of a candidate.
Any Lawsanite or Lawsan Public Officer who writes, posts, any
publication or during election campaigns utter words defaming
and damaging the reputation of a candidate must write an
apology letter within 24 hours to the defamed candidate which
must be pasted in all notice boards in the various classes and
in the faculty.
Failure or laxity to write the apology letter as mentioned in
subsection 3 of this section where an offender is found guilty
shall attract a fine not below N500 and not exceeding N1000
SECTION 26: INDECENT PARKING OF VEHICLES
(1) The indecent parking of vehicles is prohibited under this Act.
(2) Subject to subsection 1, no Lawsanite or Lawsan public Officer
shall park his/her vehicle in parking areas reserved for the
Dean,heads of department in the faculty.
(3) Any one who contravenes this section if found guilty shall pay
a fine not below N500 and not exceeding N1000
SECTION 27: PROHIBITION OF THE BRINGING OF ITEMS FOR SALE IN
THE FACULTY AND LECTURE HALLS
(1) No Lawsanite or Lawsan Public Officer shall bring to the
Faculty or lecture hall any item for sale.
(2) Any Lawsanite or Lawsan Public Officer who brings such item
will have such Item confiscated by members of the Code of
Conduct committee in that class.
(3) In other to redeem possession of the confiscated item the
offender shall pay a fine of N500
12
SECTION
28:
(1)
(2)
(3)
BRINGING OF CIGARETTES/SMOKING/DRINKING OF
ALCOHOLIC DRINKS
It is an offence under this Act for a Lawsanite or Lawsan Public
Officer to bring cigarettes, smoke cigarettes, bring alcoholic
drinks and drink such alcoholic drink in the Faculty or its
environs.
Any one who violates the provision of this section IF found
guilty shall pay a fine not below N500 and not exceeding N1000
or be suspended for one month.
Any one who procures or encourages another to bring
cigarettes, smoke cigarettes, bring and drink alcoholic drinks in
the Faculty or in any corner of the faculty shall IF found guilty
shall be punished in accordance with subsection 2 of this
section
SECTION 29: FRAUD BY LAWSANITES AND LAWSAN PUBLIC OFFICER
(1) No lawsanite or Lawsan Public Officer who induces any
admitted year one law student to pay a certain sum of money in
other to facilitate or complete the processing of documents and
the registration of such student shall if he/she fails to carryout
such duty with the intention of converting such sum of money
paid, for his/her personal benefit shall if found guilty provide or
forfeit the said sum to the student and shall pay a fine not
exceeding N1000 or be suspended for 3 weeks.
(2) It shall be a defence for a Lawsanite or Lawsan Public Officer to
establish good faith in his dealings to prevent possible
suspension.
(3) The establishment of good faith does not In any way abolish
the repayment of such sum of money collected from the
admitted student by a Lawsanite or Lawsan Public Officer
SECTION 30: DECORUM
(1) Absolute decorum must be observed by Lawsanite and Lawsan
Public Officers during lecture periods.
The following Acts are thus prohibited;
(a) Disturbance in class during lectures
(b) Side talks
(c) Playing of musical videos and songs loud
(d) Whistling
(e) Murmuring
(f) Grumbling etc
13
(2)
(3)
Any one who contravenes the provision of this section must
leave the lecture hall upon receiving such order to leave by the
lecturer or members of Code of Conduct Committee.
Refusal to leave immediately attracts suspension for 1 week or
a fine not below N500 and not exceeding N1000
SECTION 31: GAMBLING/BETTING
(1) It is an offence for any one to gamble bet, or stake any sum of
money in other to obtain any personal chattel to his benefit in
corners of the faculty classrooms, building
(2) Any one who is caught gambling or staking any sum of money
for the purpose mentioned in subsection (1) shall if found guilty
be suspended for 1 week or pay a fine not exceeding N1000
SECTION 32: DECORUM IN THE LAW LIBRARY
(1) No Lawsanite or Lawsan Public Officer shall disturb the
tranquility of the Law Library by engaging in irrelevant and
frivolous conversation.
(2) The making and answering of phone calls, playing of musical
videos, songs is prohibited under this Act
(3) The chewing of gums in a manner which is unreasonable and
which distorts the reading atmosphere in the Law Library is
prohibited under this Act.
(4) The bringing of snacks, water, can drinks, food, is prohibited
under this Act.
(5) Any one who contravenes the provisions of this section shall if
found guilty pay a fine of N500 or be refused admission into the
Law Library for 1 week.
(6) With respect to subsection (5) of this section, refusal into the
law library applies to both libraries.
SECTION 33: LITTERING
(1) It is an offence under this Act for a Lawsanite or a Lawsan
Public Officer to litter any lecture hall, law library, or any
corner of the faculty’s building with any food item, wrap, empty
can drinks, sweet wraps, biscuit wraps, or any other thing
which is capable of being liltered, but such Lawsanite or
Lawsan public Officer must make use of the waste bins in the
faculty.
(2) Any Lawsanite or Lawsan Public Officer who contravenes this
section if found guilty shall pay a fine not below N500 and not
exceeding N1000 .
14
SECTION 34: DEFAMATION GENERAL
(1) It is an offence under this Act for a lawsanite or lawsan public
officer to utter words which are defamatory, or shall write any
article, post any publication defaming the character and
personality of another lawsanite or lawsan public officer.
(2) Any lawsanite or lawsan public officer who violates the
provision of this section shall if found guilty shall pay a fine not
below N500 and not exceeding N1,000.
Part Six
Jurisdiction General
SECTION 35: JURISDICTION
(1) The Lawsan high court shall have the original jurisdiction to
entertain matters arising from LLB year 1 to LLB year 5 law
students who contravene the provisions of this Act.
(2)
The Lawsan Court of Appeal shall have the appellate
jurisdiction to entertain appeal from the Lawsan high court
with respect to the provision of this Act.
Part Seven
APPLICATION OF THE PROVISIONS OF THE CODE OF CONDUCT ACT
SECTION 36: The provisions of this Act are applicable to both Lawsanites and
Lawsan Public Officer.
Part Eight
COLLECTION OF FINES
SECTION 37: The chairman of the Code of committee shall collect fines paid by
defaulters of this Act and shall remit same to the provost of Lawsan.
15
_________________________
OKACHI WODO
Senate Clerk 2014/2015 Academic Session
__________________________________
OKANEZI, ENDURANCE NNAMDI
Executive President 2014/2015 Academic Session
OFFICERS AND MEMBERS
ACADEMIC SESSION.
OF
THE
LAWSAN
SENATE
1.
Sen. Temple-Emeya Bright. A. -
Senate President
2.
Sen. Chinyegram C. Onyeka
-
Deputy Senate President
3.
Sen. Epelle Emmanuel
-
Senate Leader
4.
Sen. Isiaka, Jamiu isiaka
-
Deputy Senate Leader
5.
Sen. Ugwuezi Winnerman
-
Chief Whip
6.
Sen. Samuel Amadi
-
Member
7.
Sen.Deekia AkpoBari P.
-
Member
8.
Sen. Eyoka Godsgift
-
Member
9.
Sen. Okpara Smart U.
-
Member
2014/2015
AND
10. Okachi Wodo
-
Senate Clerk
11. Amadi Chijioke O. S.
-
Seargent – at - arms
16