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. 8 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