Role of Constitution and Rules in Union Functionality: Speech by T.O. Ogunseye Esq

Constitution plays a crucial role in governing the affairs of a union like ASUP, ensuring rights protection, disciplinary actions, financial accountability, and more. The ASUP Constitution outlines objectives, member rights, disciplinary measures, subscription rules, election guidelines, and education initiatives. Additionally, the 1999 Constitution highlights fundamental objectives such as fair hearing in disputes. Adherence to these rules and principles is essential for efficient union functionality.

• Constitution
• Union Functionality
• ASUP
• Governance
• Rights Protection

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1. THE ROLE OF THE CONSTITUTION AND OTHER EXTANT RULES FOR UNION FUNCTIONALITY BEING TEXT OF SPEECH DELIVERED BY T.O.OGUNSEYE ESQ ON THE OCCASION OF CAPACITY BUILDING WORKSHOP OF ACADEMIC STAFF UNION OF POLYTECHNICS (ASUP) ZONE C HELD AT THE MICOM GOLF AND RESORT, ADA, OSUN STATE, 15TH -18THSEPTEMBER, 2021

2. Constitution A Constitution may be defined as the basic principles and laws of a nation, state or social group that determine the powers and duties of the government and guarantee certain rights to the people in it. To us in ASUP, our constitution is a body of rules we have written and agreed to regulate and govern our affairs interse. In our social relations in the union, compliance with the spirit and letters of the Constitution is obligatory ( sic, compulsory) among members as the Court held in the unreported case of Dosunmu & Ors vASUP

3. Provisions of the ASUP Constitution. 2015 EDITION Objectives of the union as contained in Article 2 of the constitution. This is the starting point to appreciate the essence of service and to engage in self - audit Rights of members contained in Article 4. Our leaders must ensure that the rights of members are respected and not toyed with Discipline as contained in Article 5. Over the years, the union has not failed to exert disciplinary measures on its officials and members if infractions are reported and brought to the attention of the national leadership. Subscription: Article 6.02 provides for 2% check off from the consolidated salaries of members. Until Integrated Personnel Payroll Information System (IPPIS) assumed responsibility for direct check off at source, the commitment of members to union cause was tested and found disappointing. Election rules as contained in Article 14.01 05 and associated bye- laws and pronouncements of NEC/NDC on campaigns and printing of posters and use of social media.

4. Provision for payment of honoraria and bonuses in Article 21 to avoid accusation of graft. Many Chapter Chairman were disgraced out of NEC between 2015 and 2019 on account of serial violation. Members education (Article 22) and capacity building through conferences, workshops symposia, workshops as we are currently doing. Strikes and declaration of industrial dispute as contained in Article 23, and the requirement of strict compliance with the provisions of the Trade DisputesAct to preserve the sanctity of such decisions. Provisions of the Constitution on the code of conduct, pages 23 27 Provisions of ASUP financial manual: NEC introduced the manual to check the recklessness and excesses of NEC members in the dissipation of union funds under their control.

5. Relevant provisions of the nations grund norm the 1999 Constitution I wish to draw attention to s.15, 16, 17 and 18 which are fundamental objectives provisions as they relate to the obligations of government, politically, economically, socially and educationally. Provision of fair hearing to all parties in a dispute, with its two pillars: audi alteram partem (two parties in a dispute must be heard out) and nemo judex in causa sua (that a party can not be a judge in his own cause). s.36 provisions on freedom of thought, conscience and religion (s.38), freedom of expression and the press (s.39). Right to peaceful assembly and of association (s. 40) is also guaranteed and undermines the overzealousness of some Chief Executive to suppress chapter congresses under any guise There is also right to freedom of movement (s.41) and right to freedom from discrimination (s.42). Usually, employers will attempt to snuff life out of the union, but a functional knowledge of these rights will equip the union man to face the challenges with equanimity

6. Scheme of Service: Public Service Rules (PSR) The scheme of service specifies the criteria for career advancement for each category of employees in the polytechnic system With the scrapping of instructor s cadre, an ASUP leader should be interested in advancement lecturers and other members of staff under his command ASUP must continue to reject any attempt to equalize Chief Lecturers with Deputy Government recently attempted The public service rule is the main instrument that regulates employee relations in the public sector economy. employer of the the technologists, career of Academics in government owned institutions integral part of the public sector of the economy are Registrars as

7. The Federal Polytechnics (Amendment) Act, 2019 The principal legislation is cited as The Federal Polytechnics Act, 1979 with codification done as Laws of the Federation in 2004. Several innovations were birthed by the Act, such as: Election of HODs (s.9 (A) (11) Election of Deans (s.9 (A) (7) Recognition of deputy rector(s) as member of the Governing Council s.2(e) Limiting contestants for the position of rectors to Chief lecturers of five (5) years standing s(8) 2 A (i) Limiting appointments of principal officers to one term of 5 years only-s 6(1)(a), s 8 (6)(a), 10 (4) (a), except the Deputy rector who shall hold office for 4 years s. 9 (6) only. Expanding inclusiveness in governance through the election of five internal members as Academic Board (2 nos) (s.2 (g) and Congregation (3 nos) representatives (s.2(h)) into the Governing Council of each federally owned Polytechnics, one representative of the alumni (s.2 (b)). Introduction of Students Affairs Committee of the Council s.15 second schedule ( c). Expanding the mandate of the polytechnics to offer high level manpower programmes such as B.Sc, M.Sc and Ph.D s.2 (1)a Expansion in the membership of management committee beyond the five principal officers to include all Deans and Academic directors (s.9(A ) (1) ) Establishment of congregation with rector as chairman. S (9 (B) (1)

8. Extant circulars The union leader must constantly fish for extant circulars issued regularly by the following Ministries, Departments and Agencies of Government particularly where such affect their members positively and otherwise Office of the Secretary to the Government of the Federation Office of Head of Civil Service of the Federation Federal Ministry of Education National Board for Technical Education Tertiary Education Trust Fund (TETFUND). A recent assault was the FUND s circular removing core Management sciences from its sponsorship lists. To me, this is discrimination taken too far. ASUP should immediately proceed to the court if dialogue fails to test the agency s action as it offends s.42 of the constitution in all its ramifications States Ministry of Education National Council on Establishment National Council on Education Reports of Committees set up by Government on Technological/ Technical Education in Nigeria. Budget document and warrants released by the Accountant General of the Federation

9. Relevant Judicial Pronouncements/ Decisions: In the unreported case of Kumuyi & Ors v Rufus Giwa Polytechnic, Owo, the issue of statutory flavor came into play. In Yalaju Amaye v Arec Ltd & Ors, SC 198/198 (1990), Longe v First Bank, (2020) 6 NWLR (Pt 1189) 1, the lower courts held that you cannot force a willing employee on an unwilling employer. Kumuyi s case is a living example that union leaders must hold pensionable appointment. Anyone on probation must wait for confirmation of his appointment and become pensionable to avoid harassment and intimidation Comparing notes with chapters of same union and across unions: The only condition for success of this approach is for union leaders to be transparent and honest with each other. Hoarding of vital industry/sectoral information from fellow leaders is anti- union conduct. Impact of social media: Feedback from members of the union, especially through the social media can help leaders to make amends in their policies. Secondly, uncontroverted legal and expert opinions expressed online or in social media platforms can be potent sources of knowledge of law that will assist union leader in the discharge of his duties. Restrain from being adversely reported by SERVICOM for poor quality output/delivery and Anti-Corruption and Transparency Unit (ACTU) for graft, sorting and sexual harassment of opposite sex.

10. Complementary Personal Traits Legal rules and constitutionalism alone do not make successful leadership in union engagement. The leader must possess the following attributes to swim through the tidal wave of unionism. Humility and Respect for constituted authority. There cannot be two rectors in a polytechnic at the same time. Being a union leader does not make one an alternate rector. Visionary and wisdom laden Diplomacy as a necessary companion for relating with difficult CEOs. Strength of character (integrity) is required to resist the temptation of selling-off our Congresses for pecuniary gains or promotion. Honesty and Accountability. Courage and Ruggedness, as seen in Comrades Owoeye and Olaseinde of Adoekiti, Masopa of Ede and Kola Abiola of MAPOLYSpartan self discipline Good Public relations Prudence but non miserly as cheerful giving can assist to obtain vital information. Leading by example; and, Dedicated followership, the strength of which YABATECH, ADO EKITI, EDE, OFFA, FCA, IBADAN and MAPOLY have used optimally at difficult times. GODLINESS

11. Conclusion In this paper, we made efforts to espouse the role of the constitution and other extant rules for union functionality. Knowledge of and adherence to the constitution alone cannot be the only panacea to enhancing the performance of union leaders. Personal traits of the union leader as listed above, is key to the realization of union goals. In particular, I enjoin us all to respect our rectors and senior colleagues while discharging our duty. Let us continue to build our capacity in the coming years for optimum performance. Of course, a union leader must appreciate and optimize the efficacy of prayer in his strides.

12. THANK YOU ALL FOR LISTENING