ASSOCIATION OF PAEDIATRIC SURGEONS (APSON) CONSTITUTION
i. “We registered Surgeons and Consultants practicing Paediatric Surgery in Nigeria do hereby give ourselves the following constitution to guide, monitor, advise and exercise control as is necessary to the practice of Paediatric Surgery in Nigeria or suitable for any country engaged in modern medical practices”.
ii. “We also seek to ensure that every Doctor/Surgeon who wishes to practice or contribute to Paediatric Surgery in Nigeria is registered by the proposed association”.
iii. “This constitution will also be the supreme document regulating registered practicing practitioners of the proposed association”.
iv. “That this proposed constitution will honour the declaration of the Geneva Convention and subsequent further amendments”.
v. “That the Association shall be purely voluntary, non-political, non-religious and non-sectarian. It shall not be a trade union. It shall be a purely specialized professional body”.
The name of the Association is Association of Paediatric Surgeons of Nigeria. Hereinafter referred to as “The Association” or “APSON”.
The National Headquarters of the Association shall be the institution where the Secretary General of the association is resident (C/O Department of Surgery, University of Maiduguri Teaching Hospital, Maiduguri, Borno State, Nigeria).
AIMS AND OBJECTIVES
The aims and objectives of the Association shall be:
i. To organize all Paediatric Surgeons resident in Nigeria into the Association.
ii. To foster unity and promote understanding among all practicing Paediatric Surgeons all over the federation of Nigeria.
iii. To promote the quality of teaching and research in Paediatric Surgery and encourage excellence in the practice of members.
iv. To provide an active forum for the dissemination of information and knowledge of advances and progress in Paediatric Surgery worldwide through organization of scientific conferences, seminars and courses.
v. To actively monitor, consider and express its views on all proposed legislations affecting Child Health, the Medical and Dental profession and Medical and Dental education at it pertains to Child Health and to particularly lobby to ensure that appropriate and adequate recognition is accorded Child Health in General and Paediatric Surgery in particular.
vi. To cultivate and maintain affiliations with related medical/surgical bodies within and outside Nigeria.
vii. To acknowledge the aims and objectives of the Nigeria Medical Association and be actively involved in its legitimate activities.
viii. To strive to establish an informative and learned journal for the Association.
The Association shall grant (by the executive of the Association or membership committee on satisfaction) membership to any Nigerian who may be considered qualified or any qualified non-Nigerian practicing Paediatric Surgery in Nigeria.
There will be 3 types of membership:
i. Full Membership: A trained Surgeon certified in Paediatric Surgery registered by the Medical and Dental Council of Nigeria or a Consultant Surgeon whose surgical paediatrics practice is NOT less than 50 percent of his overall professional practice.
ii. Associate Membership: A trainee in Surgery attached to a Consultant Paediatric Surgeon who is a member of APSON.
iii. Honorary Membership: Surgeons or others who have made outstanding contributions to Paediatric Surgery.
4.1 ENROLLMENT FOR MEMBERSHIP
i. A person qualified for full membership shall be sponsored by 2 financial members of The Association.
ii. Every intending full member shall pay an enrolment fee of five thousand (N5,000.00) naira ONLY, subject to amendment from time to time.
4.2 CESSATION OF MEMBERSHIP
A person shall cease to be a member in any of the following circumstances:
i. Resignation in writing to the Secretary General. If the member wants to rejoin, he/she must pay all arrears from the time of resignation.
ii. By removal of name from the Nigerian Medical and Dental Council Register.
A member whose name has been removed from the Medical and Dental Council register ceases to be a member of The Association. Such a person can only be reinstated on application only if his/her name has been restored to the Nigeria Medical Council Register.
Any member found guilty of a misdemeanor by the Disciplinary Committee of the Association after such a member has been given an opportunity to defend himself/herself may be suspended, expelled or otherwise disciplined on a motion carried by at least two-thirds of members present and voting at a General Meeting.
BRANCHES AND DIVISIONS
i. Members of The Association residing in a zone of Nigeria to be defined by The Association have the right to constitute themselves into a Zonal Branch of The Association.
ii. A Zonal Branch or any of its divisions is bound by the constitution of The Association. A State Branch or any division has the right to make rules and regulations of its own provided they are not in conflict with the constitution of The Association.
iii. A Zonal Branch may develop a voluntary contribution of their own to meet immediate expenses.
ANNUAL GENERAL MEETING
i. The supreme authority of The Association shall be the Annual General Meeting of The Association.
ii. The Annual General Meeting shall be held every year at such time and place between the months of July and September or any other time as may be determined by the Executive Council within the year.
iii. If the Annual General Meeting is not called during a Calendar year, a request in writing signed by five (5) or more members may ask for such meeting to be convened. The request shall state the specific matters to be considered and shall be deposited with the President and/or the Secretary-General. The notice of such a meeting shall be in accordance with article VII (4) of this Memorandum.
7.1 EXTRAORDINARY GENERAL MEETING
The Executive Council may whenever it thinks necessary, or shall upon a request made in writing and signed by one-third financial members, convene an Emergency General Meeting for the purpose of considering specified matters. The request shall state the specific matters to be considered.
The Executive Council shall call a meeting within twenty-one days of the receipt of such a request, failing which the members making such a request or any five of them may themselves convene a meeting for the objectives specified in the request only and, upon notification of the Executive Council. The date of such a meeting shall not be earlier than seven(7) days notification. The decisions of such a meeting shall be communicated to the Executive Council through the Secretary General and shall be binding on all members of The Association.
i. No business shall be transacted at an Annual General Meeting unless with a quorum of one-third or more of registered members of The Association.
ii. Where no quorum is reached 2 hours after the scheduled commencement of the meeting, the National Executive Council should take decisions as to the day to day running of The Association, pending the reconvening of The Association at a General Meeting.
7.3 NOTICE OF MEETING
i. At least six weeks clear notice shall be given of an Annual General Meeting to members and to the auditors stating the date, time and place of the meeting.
ii. Three weeks notice shall be given of any other General Meeting which is not an Annual General Meeting; but where an urgent matter arises, seven (7) days notice shall be required. Emergency Council Meeting may be summoned within the shortest possible time required to assemble a quorum for the consideration of an urgent matter.
iii. Inadvertent omission to give notice to, or the non-receipt of notice by any person entitled to receive such a notice shall not invalidate the proceedings of the meetings.
i. At any General Meeting. A resolution put to the vote of the meeting shall be decided by a show of hands unless a poll is demanded. Such demand for poll should be made before or on declaration of show of hands of the majority of the members present, provided a quorum has been formed.
ii. No member whose subscription is in arrears will be allowed to vote or be voted for.
7.5 ELECTION OF NATIONAL OFFICERS
Election of officers shall take place at the Annual General Meeting. Voting shall be by secret ballot.
ELECTION OF OFFICERS
All officers of The Association shall be elected for a two-year term at a biennial conference subject to the following regulations:
i. All National Officers of The Association shall have been active members of The Association for at least one year.
ii. In the event of a vacancy occurring in the National Executive Council during the term, either through illness, removal, expulsion, death or resignation, the National Executive Council shall appoint a member to act in that capacity.
iii. Election shall be by secret ballot.
iv. Nomination shall be put forward by 2 financial members of The Association and duly signed by the sponsors and the nominee.
v. One Chief Electoral Officer and two assistants shall be appointed from the General House to conduct the election.
vi. Successful candidates shall be elected by a simple majority.
vii. National Executive Officers of The Association shall be eligible to hold office for a maximum of two terms.
i. The National Executive Council of APSON shall comprise of:
Assistant Secretary General
And the National Legal Adviser
ii. The National Legal Adviser will not be a member of the Executive Council but rather co-opted when necessary.
8.1 OTHER OFFICERS
Any such other officers as may be deemed necessary for the proper growth of The Association.
8.2 Officers of branches of The Association shall comprise of:
And such as may be required by the Zonal Branch for the proper conduct of its affairs.
8.3 Any vacancy which occurs during the course of the year shall be filled by the Council and such appointment shall last until the next Annual General Meeting.
8.4 The maximum tenure of office of a National Officer for the same office shall be two consecutive terms of two(2) years each and is not re-eligible thereafter without a break of at least two (2)years from the expiration of the maximum tenure of office.
THE DUTIES OF THE NATIONAL OFFICERS
9.1 THE PRESIDENT
i. The President shall preside over all the proceedings of The Association and the Executive Council. He shall authorize through the National Secretary, the convening of meetings whether General or Executive. He shall sign the minutes of General and Council Meetings.
ii. He shall have power to state and put questions. He shall have a Casting Vote in case of tie at any meeting over which he presides. The President in consultation with the Council Members shall interpret the constitution. The President shall have power to delegate any of his duties.
9.2 VICE PRESIDENT
i. In the absence of the President, the Vice-President shall perform his duties. In the absence of the President and the Vice-President, the meeting shall appoint any available member of the National Executive to preside.
ii. The Vice-President shall generally assist the President in the performance of his duties and act for the President whenever the President is unable, for any reasons whatsoever, to perform his duties of office.
9.3 SECRETARY GENERAL
i. Heads the Association’s National Secretariat.
ii. Summons all meetings of the Association on the advice of the President.
iii. Keeps the records of all meetings and presents them during the subsequent meetings.
iv. Be generally in control of the activities of the National Secretariat and may delegate any of these and other duties as may be required.
v. Keep an imprest account as determined by the Finance Committee.
9.4 ASSISTANT SECRETARY GENERAL
Shall assist the Secretary General and in his absence shall perform the functions of the office of the Secretary General.
9.5 THE NATIONAL TREASURER
i. Receives all monies due to The Association.
ii. Deposits such monies in The Association’s Bank Account not later than 48 hours of receipt of same.
iii. Makes all payments ordered by the Executive Council or the Annual General Meeting.
9.6 FINANCIAL SECRETARY
i. Shall keep a financial record and report same to The Association and when required.
ii. He shall present a report of the outgoing financial year to Annual General Meeting.
THE NATIONAL EXECUTIVE COUNCIL (NEC)
The National Executive Council shall be the governing body of The Association and shall have full powers to act on its behalf in the period before the Annual General Meeting in accordance with the policy of The Association.
10.1 Composition of the Council
i. All the National Officers of The Association.
ii. The Chairman and Secretary of each organized Zonal Branch.
iii. Immediate Past-President of the Association.
iv. Immediate Past-Secretary General of The Association.
v. The Association’s representatives on other bodies.
The quorum of NEC shall be five(5), and consist of at least, the President, the Secretary General and three(3) others.
10.3 The Council shall co-opt any member to its deliberations, but such a member shall have no vote.
10.4 The Council shall have power to make bye-laws for The Association and those shall notify at the next Meeting.
REPRESENTATION ON OTHER BODIES
i. The National Executive Council shall have power to elect all the representatives of APSON to the Paediatric Association of Nigeria, Medical and Dental Council of Nigeria, Nigerian Medical Association and the Nigerian Dental Association in accordance with such procedures as may be laid down from time to time by a General Meeting of The Association.
ii. Such representative members shall become members of the National Executive Council.
iii. The Council shall also have power to elect representatives of The Association to any other bodies where The Association is required to be presented.
The Association shall derive its revenue from the following sources:
Enrolment fee of N5,000 and subscription fee of N3,000 per annum for full members.
i. Associate members shall pay half of the approved annual subscription of full members.
ii. Honorary members shall be exempted from paying fees.
iii. Payment of subscription shall be made to the National Treasurer.
iv. Donations: The Association shall ask for or/and accept voluntary donations from members and from any other sources for lawful purpose of The Association.
v. Levies: The National Executive Council may, if it considers it necessary impose a levy upon branches/members of The Association.
vi. All donations and levies at the instance of the NEC of The Association shall be paid to the National Treasurer.
vii. The signatories to such an account shall be the President and either the National Treasurer or Secretary General.
viii. All money withdrawal shall be presented by application to the President for approval firstly, then to the Treasurer.
ix. Excess of any amounts of monies made from any activity of The Association shall be remitted in full by the organizers to the association after all expenses are settled.
The Association shall keep a Current Account with any duly licensed bank in Nigeria of its choice. All cheques drawn on The Association’s bank account shall be signed by two officers only namely the President and either the National Treasurer or the Secretary General.
INVESTMENT OF THE FUNDS OF THE ASSOCIATION
The funds of The Association which are not required for current expenses shall, on directive of the NEC be invested in such public stocks, government (Federal/State) securities, or other funds as the NEC may deem fit, provided that at least 25 per cent of the funds shall be invested in gilt edged securities by the Trustees in the name of The Association.
The official language of communication of The Association shall be English.
15.1 National Executive Council
The standing Committee of The Association shall include the National Executive Council.
a. The administration of The Association shall be vested in the National Executive Council.
b. The National Executive shall comprise the officers as contained in Article IX.
c. The National Executive Council shall meet at such intervals as need be.
d. The National Executive Council shall review all reports submitted to it by various officers and subcommittees.
15.2 Scientific Committee: Shall consider matters relating to the educational needs of the members including attendance of special seminars.
15.3 Publication Committee: Shall ensure the publication of outstanding research contributions of members including The Association’s Journal.
15.4 Research Committee: Shall initiate and coordinate researchers by members in all relevant areas of human knowledge through seminars, symposia, conferences, individual and teamwork.
15.5 Disciplinary Committee: Shall consider all disciplinary matters of The Association, institute enquiries into requiring disciplinary procedure and report findings to the National Executive for final decision.
COMPOSITION OF COMMITTEES:
Members of each committee who shall be appointed at the Annual Conference may choose a Chairman and Secretary from amongst themselves.
16.1 Three trustees shall be appointed by a General Meeting of The Association and they shall respectively hold office at the pleasure of The Association or until resignation but all or any of them may be removed from office at any time and by a resolution of a General Meeting of The Association.
16.2 All properties of The Association freehold or leasehold, and other interest in land acquired for use and benefit of The Association shall be vested in them.
16.3 The Trustees shall deal with the properties of The Association as directed in writing by the Executive Council.
16.4 In the event of death, resignation or removal of a Trustee, a General Meeting will be held to appoint other eligible members of APSON.
16.5 The Trustees shall apply for a certificate of incorporation under the land (Perpetual Succession) Act Cap. 98.
16.6 The Trustees of The Association for the purpose of the land (Perpetual Succession) Act Cap. 98, shall be appointed at a General meeting of The Association.
16.7 Such Trustees (hereinafter referred to as “The Trustees”) shall be known as “The Registered Trustees of the Association of Paediatric Surgeons of Nigeria.”
16.8 The Trustees may hold office at the pleasure of The Association, but a trustee shall cease to hold office if he:
i. Resigns his office
ii. Ceases to be a member of The Association APSON.
iii. Becomes insane.
iv. Is officially declared bankrupt.
v. Is convicted of a criminal offence involving dishonesty by a court of competent jurisdiction.
vi. Is removed from office by a majority vote of members present at any General Meeting of The Association or
vii. Ceases to reside in Nigeria.
16.9 If the Certificate of incorporation is granted, the trustees shall have power to accept and hold in trust all land belonging to The Association and to acquire land on behalf of The Association subject to such conditions as The Government may impose.
16.10 The trustees shall have a common seal.
i. The common seal shall be kept with the Secretary General who shall produce it when required by the trustees.
ii. All documents to be executed by the trustees shall be signed by each of them and sealed with the common seal of The Association.
The Executive Council shall appoint an Audit Committee to Audit at least once a year, the Books and Accounts of The Association which shall be kept in proper form by the National Treasurer who shall submit to the Annual General Meeting a report thereon showing:
i. Any faults or irregularities of whatever nature that may be discovered.
ii. Comments on any system used in keeping the books or employed in the financial administration of The Association.
AMENDMENT OF THE CONSTITUTION
The Annual General Meeting shall be the only body competent to amend this constitution and shall comply with the following conditions:
18.1 Notice of intention to move for an amendment shall be in writing which shall be duly signed by the mover and seconder.
18.2 Copies of such intended amendment(s) shall then be sent to the National Executive Council and Zonal Branches for consideration by members before the next Annual General Meeting period.
18.3 Such an amendment shall be considered at the Annual General Meeting.
18.4 An amendment to the constitution shall be adopted by a two-thirds majority of the accredited delegates/financial members present at the A.G.M.
1. Subject to the provisions of this constitution, the A.G.M, the National Executive, the Zonal Executive Council/Committee shall have power to make rules to regulate their own procedures.
2. In case of any emergency/crises situation in between conferences, a member of the National Executive may be removed from office on passage of a resolution of a special meeting called for that purpose and also two-thirds majority of zonal branches.
3. The Association shall not be dissolved, except by a resolution of a General Meeting supported by at least two-thirds of ALL the members of The Association.
4. In the event of dissolution as provided in this constitution and the laws of the nation, the asset and liabilities of The Association shall be discharged and the remaining funds shall be divided among the members in equal shares.
5. The National Executive Council shall have the power to impose the following disciplinary measures on any member or officer for serious misconduct. A. Fine B. Suspension C. Expulsion
6. Expelled members shall forfeit all the rights and priviledges of membership.
APPENDIX: STANDING ORDERS RULES OF DEBATE AND DISCUSSION
1. During a debate or discussion a member wishing to speak shall raise up his/her hand to attract the attention of the presiding officer.
2. The presiding officer shall call a member who attracts his attention under rule (1) above, and such member shall speak from his chair (unless otherwise directed by the presiding officer).
3. No member who is contributing to a debate shall be interrupted except where a point of order, information or correction is raised.
4. Point of order shall be raised only when a member is digressing from the point of order, discussion or when in contributing to a debate the speaker employs uncomplimentary language or exhibits such manner that is not conducive to good conduct or orderliness of the meeting.
5. When a point of order is raised the speaker shall sit and the order shall be exercised and if the speaker is caught by the rule, the presiding officer may allow the speaker to continue after asking the speaker to observe such order or disallow the speaker to resume his speech.
6. Any motion or amendment already moved and seconded may be withdrawn by the prime mover and a seconder on a satisfactory explanation but the seconder shall be at liberty to move his motion afresh as the prime mover.
RATIFIED COPY OF THE AMENDED CONSTITUTION 16TH DAY OF SEPTEMBER 2010
1. PROFESSOR IYEKEORETIN EVBUOMWAN
2. DR A.M. ABUBAKAR
3. DR UBA A. FRANCIS
4. DR PHILIP MSHELBWALA
5. DR J. CHINDA
6. DR OSIFO O. DAVID
7. DR ISESOMA GBOBO
8. PROF EMMANUEL A. AMEH
9. PROF PAUL T. NMADU
10. DR TAIWO JONES OLA
11. DR MUSA IBRAHIM
12. DR BAKARE TAJUDEEN I.B.
13. DR USANG E. USANG
14. DR LOHFA B. CHIRDAN
15. DR OLUDAYO A. SOWANDE
16. DR S. OLORI
17. DR OLUKAYODE O. OGUNDOYIN
18. DR ANYANWU PASCAL
19. DR EZONMIKE U.C.
20. DR NGAIKEDI C.N.
21. DR ADESANYA O.A.
22. DR ABDUL-RAHMAN L.O.
23. DR ODI T.O.