THE CONSTITUTION

OF

TAKORADI POLYTECHNIC

STUDENT REPRESENTATIVE

COUNCIL- SRC

2010/2011 ACADEMIC YEAR

THE CONSTITUTION OF THE STUDENTS OF TAKORADI POLYTECHNICIN THE NAME OF THE ALMIGHTY GOD, we the students of the Takoradi Polytechnic,

DETERMINED in raising to the highest level the spiritual, political, and intellectual standard of our society for the worth emulation of posterity,

SEEKING to promote the welfare of students of this Polytechnic as well as securing strong ties of fraternal solidarity and harmony among the student population of Ghana and elsewhere.

INTENT on establishing an accountable student government to enrich our heritage and safeguard the excellent principles of probity, truth, honesty, impartiality, equality and trust.WE THE STUDENTS OF TAKORADI POLYTECHNIC, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.ENTRY INTO FORCE

Upon the approval of this amended constitution by the general student body, this amended constitution shall come into force on the

Reviewed under the directives of the SRC Executive Committee Members and the SRC Disciplinary and Legal Committee of the 2010/2011 Academic Year.EXECUTIVE COMMITTEE MEMBERS

PRESIDENT.MR. RICHARD NYARKOHVICE PRESIDENTMISS ALBERTA ADJEI MENSAH

SECRETARYMISS CATHERINE BENTUM WILLIAMS

TREASURERMR. IS-HAQ UMAR

DISCIPLINARY AND LEGAL COMMITTEE

CHAIRMAN..MR. GEORGE OSEI AMPEY

SECRETARY.............MISS CATHERINE BENTUM WILLIAMS

MEMBERMR. MORTOO OLEG ELORM

MEMBERMR. YAKUBU BAWUNILEGAL ADVISOR.LAWYER KOFI DIABAHCHAPTER ONETHE CONSTITUTION

ARTICLE 1

NAME

There shall be formed an organization under this constitution known and called the Students Representative Council of Takoradi Polytechnic hereinafter referred to as the SRC.ARTICLE 2

SUPREMACY OF THE CONSTITUTION

1) This constitution shall be the supreme constitution of all students, clubs, associations or unions in the Takoradi Polytechnic, and any other constitution found to be inconsistent with any provision of this constitution shall, to the extents of its inconsistency, be null and void.2) Notwithstanding Article (2) clause (1), this constitution shall be subject to the constitution of the Republic of Ghana, Laws of Ghana and the statute establishing this Polytechnic.

ARTICLE 3

ENFORCEMENT OF THE CONSTITUTION1) Any student who alleges that-a. An act or omission of any person or group of persons or b. A constitution, decision or resolution of anybody, organization, club, union, or association is in contravention with a provision of this constitution, may apply to the Disciplinary and Legal Committee for a declaration to that effect.

2) The Disciplinary and Legal Committee shall for the purpose of such declaration under clause of this article make such orders and give such directions as it may consider appropriate for giving effect, or enabling effect to be given to the directions so made.

3) Failure to obey or carryout the terms of an order or direction made or given under clause (2) of this article constitutes a violation of this constitution and contempt of the Disciplinary and Legal Committee shall specify sanctions to the culprit and shall in the case of an Executive Committee member constitute a ground for removal from office.CHAPTER TWOARTICLE 4

AIMS AND OBJECTIVES OF THE SRC

1) The aims and objectives of the SRC shall include but not limited to;

a. Seeking the interest and welfare of the student today of Ghana in general and this Polytechnic in particular.

b. Serve as the mouthpiece of the entire student body of this polytechnic.

c. Provide means of communication between the students and the polytechnic authorities in all matters affecting the student body as a whole or part thereof.

d. Co-ordinate with other student organizations in Ghana and elsewhere in matters of mutual interest and,e. Foster good relations between students of this Polytechnic and the outside world.

2) For purpose of achieving these objects, the SRC shall organize lectures, symposia, debates etc., and such other activities as are necessary to fulfill these general aims and objectives.

CHAPTER THREEARTICLE 5

COMPOSITION OF THE SRC1) The SRC shall be composed of the General Council, which shall include:

a. The Executive Committee,b. The JCR and School Heads and their Secretaries and Treasurers

c. All Chairpersons of Committees formed under this constitution or by a resolution of the General Council.

ARTICLE 6

THE GENERAL COUNCIL

1) There shall be a General Council which shall comprise:

a. The Executive Committee elected under this constitution and the SRC Vice President,b. Three (3)Representative from each School elected by the said School (President, Secretary and Treasurer),c. Three (3) Representative from each JCR elected by the said JCR (President, Secretary and Treasurer),d. The Legal and Disciplinary Committee Chairperson,e. The Sports General Secretary,f. Entertainment and Planning Committee Chairperson,g. Finance Committee Chairperson,h. Transport Committee Chairperson,

i. Publication and Information Committee Chairperson,

j. Audit Committee Chairperson,

k. Sponsorship Committee Chairperson,

l. Project and Asset Committee Chairperson,

m. Academic Committee Chairperson,

n. Welfare and Environmental Committee Chairperson

o. Private Hostels Associations Committee Chairperson,

p. The Public Relations Officer (PRO),q. The GNUPS Local Representative,r. The Womens Commissioner,s. The SRC Chaplain,

t. And all other Chairpersons of the Committees of the SRC

2) The SRC Secretary shall within three (3) days of assumption of office request in writing to the various bodies concerned, all such members as provided for in paragraph (a) to (t) of clause (1) of this article.3) Any person or body written to by the Secretary shall forward the names of such representatives qualified to be members of the General Council by virtue of paragraphs (a) to (t) of clause (1) of this article to the SRC Secretary in within seven (7) days after the induction into office of the SRC Executive Committee Members. 4) A member of the General Council shall, before taking his/ her seat in the General Council, take and subscribe before the Chairperson of the Disciplinary and Legal Committee, the Oath of Membership of the General Council set out in the Fourth Schedule to this Constitution.5) The Disciplinary and Legal Chairperson shall swear the same to the SRC President before taking his/her seat in the General Council.

ARTICLE 7

MEETINGS

1) The General Council shall meet at least once each semester

2) The SRC Secretary shall in writing, or in any other form as may be decided on by Executive Committee notify members of such meetings, specifying the Agenda in not less than two clear days before the meeting.3) The quorum for a General Council meeting shall be:a. Two- thirds (2/3) including the President, the Secretary and or the Treasurer.

b. The first sitting of the General Council shall be within fifteen (15) days after assumption of office of new Executive Committee Members.ARTICLE 8

EMERGENCY MEETINGS

1) Notwithstanding clause (1) of article 7 of this constitution, the Executive Committee or, any two-thirds (2/3) of the members of the General Council, may call for an emergency meeting provided that the notice shall be given in writing duly signed by them, and that the Agenda shall be attached and delivered to the SRC Secretary. No other business shall be discussed apart from the attached agenda.

2) The SRC Secretary shall in consultation with the Executive Committee summon such meeting within three (3) days of receipt of such request.3) The SRC President in consultation with the Executive Committee shall call for an emergency meeting when the need be.ARTICLE 9

DECISION MAKING1) The General Council shall be the highest decision making body of the SRC.

2) The General Council may concern itself with questions of general policy referred to it by the Executive Committee of the SRC.

ARTICLE 10ATTENDANCES OF OBSERVERS AT GENERAL COUNCIL MEETINGS

1) Observers or a member of any committee who is not a member of the General Council, shall be entitled to participate in the proceedings of the General Council, shall be accorded all privileges of a member of the General Council except that he is not entitled to vote, or take allowance if any.CHAPTER FOURTHE EXECUTIVE

ARTICLE 11:

EXECUTIVE COMMITTEE

1) There shall be an Executive Committee of the SRC which shall consist of:

a) The President, Vice president, Secretary and the Treasurer.2) The executive committee may invite any member or committee to assist or address them in any deliberations in relation to their performance of their functions.

3) The quorum to Executive committee meeting shall be 3 including the president or the secretary.

4) The executive committee shall in times of emergency, have powers to promptly meet without prejudice to any provisions of this constitution, provided that the executive committee shall report their action to the General Council at its subsequent meeting for ratification.

5) The General Council members before assuming office shall take and subscribe, either at a public gathering or at any other general meeting of the General Council, the oath of membership set out in this constitution.

ARTICLE 13:

DUTIES OF EXECUTIVE COMMITTEE MEMBERS

1) THE PRESIDENT

a) There shall be a president who shall be the chief spokesperson of all students in this polytechnic

b) Before assuming office the President shall take and subscribe before the general student body, the Presidential Oath set out in the first schedule to this constitution.c) The authority of the president shall extend to the execution and maintenance of all provisions, including article 4, of this constitution.d) All meetings of the General Council or the Executive Committee shall be chaired by the President, and in his absence, the Vice President.e) The President shall not, be personally liable to proceedings in any court for the performance of his functions, or for any act of omission commission in the performance of his functions, under this constitution.2) THE VICE PRESIDENT

a) Shall on the assumption of office, take and subscribe before the general student body, the Presidential Oath set out in the schedule to this constitution.b) In the absence of the president, the Vice President shall have all the powers and prerogatives of the President.3) THE SECRETARYa) There shall be a secretary who shall be the secretary to both the General Council and the Executive Committeeb) The Secretary shall perform duties and functions which shall include;i) Keeping and maintaining true and accurate minutes and records of all proceedings of the General Council and Executive Committee meetings.ii) Responsible for both internal and external correspondencesiii) Compilation of an official list of all members of the General Council inaccordance with the provisions of this Constitution.iv) The performance of other duties as may be assigned from time to time bythe President.c) Before assuming office, the Secretary shall take and subscribe before the general student body at a public gathering, the executive officers oath set out in the second schedule to this constitution.4) THE VICE SECRETARY

a) There shall be a Vice Secretary appointed at the first sitting of the GeneralCouncil, by the Executive officers in consultation with other members of theExecutive Committee, subject to the approval of the General Council.b) The Vice Secretary, who shall also be the Editor-in-Chief of the publication and information committee shall perform duties and functions which shall include;i) Acting in the absence of the Secretaryii) Performing other duties assigned by the President, the Secretary or theExecutive Committee.c) The Vice Secretary upon appointment and approval shall swear the oath ofthe office as for the Secretary.5) THE TREASURER

a) Shall be responsible for all financial transactions of the SRC inconjunction with the Finance Committee.b) Shall keep proper records of dues or subscription collected for or onbehalf of the SRC from the Polytechnic authorities.c) Shall be a signatory to the Bank Account of the SRC.d) The treasurer shall be the secretary to the finance committee and shall perform such duties in relation to the finance committee as provided in this constitution.e) The Treasure before assuming office shall take and subscribe before the general student body, at a public gathering the Executive Officers Oath set out in the second schedule to this constitution.CHAPTER FIVEREMOVAL FROM OFFICE

ARTICLE 14

GROUNDS FOR REMOVAL

1. An Executive Committee Member shall be removed from office if found in accordance with the provisions of this article;a. To have acted in violation of the oath of office, or have violated the provisions of this constitution or,

b. To be inefficient in the discharge of his/her duties or,

c. To have embezzled funds or recklessly handled the finance of the SRC or,

d. To have conducted him/herself in a manner likely to bring the high office of the President or Vice President or Secretary or Treasurer into disrepute, ridicule or contempt.

ARTICLE 15

REMOVAL OF A MEMBER OF THE GENERAL COUNCIL

1. A JCR or School shall have power to withdraw or remove any or all of its representatives in the General Council provided that such exercise shall be effected through a resolution properly passed by the said JCR or School.2. The General Council of the SRC shall have power to suspend or expel any member who is not an Executive Committee Member upon stated misbehaviour provided that such a member shall have the right of appeal to Disciplinary and Legal Committee.ARTICLE 16

CESSATION TO BE A MEMBER OF THE SRC GENERAL COUNCIL1. Without prejudice to any provisions of this Constitution, a person shall cease to be a member of the SRC General Council, if:a. He/she is adjudged to have embezzled funds.

b. He/she is adjudged to have acted in a manner prejudicial to the interest of the General Student body.

c. He/she absents his/herself from meetings without reasonable excuse.d. He/she resigns in writing delivers same to the Chairman of the Disciplinary and Legal Committee.ARTICLE 17

IMPEACHMENT PROCEEDINGS

1. Any student may by notice in writing addressed to the Disciplinary and Legal Committee through the SRC to commence impeachment proceedings against a member of the SRC provided that such members shall be served with a copy of the notice two (2) clear days before the start of the proceedings.2. The Disciplinary and Legal Committee shall within seventy-two (72) hours of receiving the notice of impeachment , convene a sitting of the Disciplinary and Legal Committee in consultation with the SRC, to deliberate over the issue(s).3. Any member so impeached shall cease forthwith to be a member of the SRC Executives.4. Any vacancies created by virtue of any provisions of this constitution shall be filled within twenty-one (21) days after such vacancies are created.5. Any student who is found to have allegedly falsely against any member of the SRC or any student shall be asked by the Disciplinary and Legal Committee, SRC and the Editor-in-Chief for copies to be made available on Students Notice Boards. Notwithstanding that, the Disciplinary and Legal Committee in consultation with the SRC shall sit and recommend appropriate punishment to be meted out.CHAPTER SIXELECTIONS AND QUALIFICATIONSARTICLE 18

ELECTION OF THE EXECUTIVE COMMITTEE1. A student shall not be a candidate in any election unless he is nominated for election as President or Secretary or Treasurer by a document which:a. Is signed by him/her and

b. Is delivered to the Electoral Board on or before the day fixed for the close of nomination in relation to the election.c. Is subject to the provisions of this constitution all Executive Committee Members, excluding the Vice President and including the GNUPS Local Representative and the Womens Commissioner of the SRC shall be elected by secret popular vote through the ballot box.

ARTICLE 19

QUALIFICATIONS1. A student shall not be qualified for election to any Executive Committee unless he/she has considerable exposure and experience in student affairs.2. Any student of the Polytechnic is qualified to stand and contest for elections to any Executive Position provided that he/she is an officially full-time tertiary student pursuing at least a fifteen credit hour course.

3. Any student who has been adjudged to have misappropriated funds or caught involving in Theft, Fight, Rape, known to be Drunkard or a Drug Addict or any bad moral behavior, shall not qualify to contest for election to any position under this constitution.4. Without prejudice to any provision in this constitution, a student shall qualify to stand and contest elections to any Executive Committee provided he/she is not a final year student.5. Final year students shall be defined to include all who receive a Higher National Diploma (HND) certificates awards at the end of the Academic year in which elections are being held. 6. No student shall be elected as Executive Committee Member unless at such elections the number of votes cast in his/her favour is more than fifty percent (50%) of the total number of valid votes cast at the election.7. Where no candidates scores more than 50% of the valid votes cast, there shall be a run-off election between the first two candidates with the highest number of votes within seven (7) days.

8. The Electoral Board shall declare immediately the provisional election results after an election and unless or until such results are challenged, shall declare the final results within forty-eight (48) hours after the election.9. General Elections to student leadership positions on the SRC shall be conducted within ten (10) weeks after the commencement of the second semester of the academic year.

10. Any student who is an SRC member but not a final year student, wanting to contest for elections shall resign at least three weeks before the day of election.

ARTICLE 20

TENURE OF OFFICE OF THE EXECUTIVE COMMITTEE1. A student elected as an Executive committee member shall hold office for a term of one (1) Academic year.

2. Notwithstanding clause one (1) of this article, the Executive Committee members shall hand over to newly elected Executive Committee members within fourteen (14) days after the declaration of the final election results.3. The office of an Executive Committee member shall become vacant;

a. On the expiration of the period specified in clause (2) off this article, orb. If the incumbent resigns from office or ceases to hold office under article sixteen (16).ARTICLE 21

ELECTORAL COMMISSION

1. There shall be an Electoral Commission of the SRC.2. The Electoral Commission referred to in the proceeding paragraph shall be responsible for conducting all SRC Executive elections as well as supervise the election of Hall and School Representatives to the General Council of the SRC and including the GNUPS elections in accordance with the provision of this constitution.3. The Electoral Commission may make Rule or Regulations for the exercise and execution of its functions subject to the Rules and Regulations hereinafter referred to as Rules and Regulations governing the conduct of SRC elections annexed at schedule five to this constitution.4. The composition of the Electoral Commission shall be as follows;

a. A chairperson who shall be the Electoral Commissioner of the SRC and four others.

b. The members of the commission shall be appointed by the Executive Committee subject to the approval of the General Council prior to elections.ARTICLE 22

INDEPENDENCE OF COMMISSION

Except as provided in this constitution or in any resolution of the General Council not inconsistent with this constitution in the performance of its functions, the Electoral Commission shall not be subjected to the direction and control of any person or authority.ARTICLE 23

VETTING COMMITTEEThere shall be a vetting committee which shall be chaired by the Electoral Commissioner and be responsible for ensuring that candidates for any election under this constitution satisfy the requirements provided for in this constitution. This vetting committee shall have the power to disqualifying candidates for any election under this constitution on the grounds stated only in this constitution under chapter six (6).ARTICLE 24

COMPOSITION OF THE VETTING COMMITTEE

The members of the Electoral Commission shall constitute themselves into the Vetting Committee for the purpose of vetting during elections. CHAPTER 7

FINANCE

ARTICLE 25

THE STUDENTS FUND1. There shall be an Account to be known as SRC Accounts into which all monies belonging to the SRC shall be paid into.2. The various Schools and JCRs shall also operate separate accounts into which all monies belonging to the school or JCR shall be paid into.3. All monies collected by the SRC or any organization/ committee under the SRC including clubs and associations should be deposited into the appropriate accounts, and under no circumstance should any money be kept in an individual account.4. Without prejudice to Article 3(C) 3 of this constitution, the SRC or committee shall retain an accountable impress, which shall be determined by the Executive Committee in consultation with the Finance Committee.ARTICLE 26

WITHDRAWALS FROM STUDENTS FUNDS1. No monies shall be withdrawn from any SRC account without the prior approval of the Finance Committee.2. The SRC shall operate a Current Account with the Ghana Commercial Bank Ltd or such other Banks as May by a resolution of the General Council, be determined.3. Any receipt into or withdrawal from the SRC fund by any document whatsoever shall be authenticated by the signatures of the Treasurer, the President, and a representative from the Polytechnic Central Administration.4. The schools and the JCRs shall also operate their accounts in banks approved by the executives, but shall furnish the SRC with the names of the Bank.ARTICLE 27

THE AUDIT BOARD1. There shall be an Audit Board of the SRC which shall comprise of five (5) members appointed by the Executive Committee of the SRC with the prior approval of the General Council at its first sitting provided that three of the persons so appointed shall be persons having reasonable knowledge in accounting and/ or auditing.2. The accounts of the SRC and its committees, commissions or institutions established under this constitution or by a resolution of the General Council shall be audited and reported on by the Chairperson of the Audit Board to the General Council.3. For the purpose of clause (2) of this article, the chairperson of the Audit Board or any person authorized or appointed for such purpose by the chairperson of the Audit Board shall have access to all books, records, returns and other relevant documents.4. The accounts of the SRC and of all other committees and commissions referred to in clause (2) of this article shall be kept in such forms as the Audit Board shall approve.5. For the purpose of its work, it shall be lawful for the Audit Board to subpoena any person including members of the Executive Committee of the S R C to appear before it.6. Any student who knowingly or recklessly makes orally or in writing to the Audit Board any statement conveying any information or explanation required by the Board or to which the Board is entitled and which is misleading, false or deceptive shall be liable to any sanctions approved by the Disciplinary and Legal Committee in consultation with the SRC.ARTICLE 28

INDEPENDENCE AND POWERS OF THE AUDIT BOARD1. The Audit Board;a. Shall not be subject to the direction or control of any other person or authority.b. Shall disallow any item of expenditure which is contrary to the provisions of this constitution or a resolution of the General Council and surcharge i. Shall not be subject to the direction or control of any other person or authority.ii. The amount of any expenditure disallowed upon the person responsible for incurring or authorizing the expenditure.iii. The amount of any loss or deficiency upon any person by whose negligence or misconduct the loss or deficiency has been incurred.c. The amount of any loss or deficiency upon any person by whose negligence or misconduct the loss or deficiency has been incurred.2. A person aggrieved by a disallowance or surcharge made by the Audit Board may appeal to the Disciplinary and Legal Committee through the General Council.3. Another Audit Board consisting of three (3) of the students Audit Board, a Disciplinary and Legal Committee representative of the students and the Polytechnic's Internal Auditor to further Audit the Accounts.4. If findings still prove that, there has been a deficiency, the General Council by resolution shall request the Central Administration to surcharge, withhold all documents of the person, stop him or her from writing examinations if not finished writing, or dismiss him or her from the institution, whichever appropriate.ARTICLE 29

ADMINISTRATIVE EXPENSES OF THE BOARD/ BUDGETS1. The expenses of the Board shall be a charge on the SRC Fund.2. The accounts of the Audit Board and those of the entire SRC machinery shall be received and audited by the Polytechnic Auditor or by a professional/ qualified Auditor appointed by the General Council and the findings published on the Notice Boards of the students each semester.3. The president shall cause to be prepared and presented to the General Council, at the beginning of each semester, estimates of revenues and expenditure of the SRC or committees of the General Council for that semester.4. The president shall within fourteen (14) days after assumption of office, present to the General Council, the proposed programmes of projects to be undertaken by the Executive Committee during their tenure of office.5. The General Council shall meet and deliberate on the viability or otherwise of such programmes or projects before authorizing the allocation of funds for it from the SRC fund and the General Council shall have power to modify the terms of any contract.ARTICLE 30

LOANS

1. No loan shall be raised for, or on behalf of the SRC or any committee otherwise than by or under the authority of a resolution of the General Council.2. A resolution of the General Council passed in accordance with clause (1) of this article shall provide- a. That the terms and conditions of a loan shall be presented to the General Council and shall not come into operation unless they have been approved by a resolution of the General Council.b. That any monies received in respect of that loan shall be paid into the SRC fund.CHAPTER EIGHTCOMMITTEES OF THE SRCARTICLE 31

COMMITTEES

1. The General Council shall appoint standing committees and other committees as may be necessary for the effective running of the SRC.2. The standing Committees shall be appointed at the first sitting of the General Council and shall be charged with such functions assigned by this constitution or any other decision of the General Council.ARTICLE 32

FINANCE COMMITTEE

1. There shall be a Finance Committee which shall pre-audit all financial transactions of the SRC.2. The Finance Committee shall comprise;a. The Treasurer who shall be the Secretary of the Committee.b. One representative from each JCR and School appointed to serve the Finance Committee provided that such representative is pursuing a course in Accountancy or has knowledge in Accounting or Auditing.c. Two other persons nominated by the General Council.3. The Chairperson of the committee shall be appointed by the executive committee and approved by the General Council or by a resolution of the General Council two (2) weeks at the beginning of the semester.4. The Finance Committee, in consultation with the Audit Board shall inform the General Student Body by publishing on Notice Boards, details of all financial transactions of the SRC or Commissions or Committees of the General Council in the preceding semester.ARTICLE 33

DEFAULTS BY THE FINANCE COMMITTEE

1. Subject to clause (3) of this article, where there is a default on the part of the Finance Committee due to wilful refusal or neglect to comply with this part of the constitution or incompetence or both, every member of the committee shall cease forthwith to be a member of the SRC Finance Committee.2. Where the default is found to have caused either wholly or in part by any member of the Executive Committee or General Council, such member shall suffer the penalty as may be determined by the Audit Board.3. Any person who whether intentionally or otherwise, fails to comply with the provisions of this chapter shall be liable to account for, or to any other punishment prescribed by the General Council or determined by the Disciplinary and Legal Committee.4. The quorum for Finance Committee meetings shall be decided by said committee itself at its first sitting.ARTICLE 34

DUTIES OF FINANCE COMMITTEE

1. The Finance Committee shall;a. Encourage and promote the efficient utilization of the resources of the SRC through effective and efficient financial measures.b. Be responsible for monitoring the receipts and payments out of the SRC fund and shall report to the General Council.2. The Finance Committee, before the end of each semester shall submit to the Audit Board for auditing a statement of receipts and payments into and from the SRC fund.ARTICLE 35

ACADEMIC COMMITTEE

1. There shall be an Academic Committee consisting of members appointed by the Executive Committee subject to the approval of General Council. The chairperson shall be a member of the General Council.2. The Committee shall advise the SRC on students academic matters, pertaining to the nature of teaching, research and content of courses, conduct of examination, vacation training, the availability of study aids and equipment etc.ARTICLE 36

RELIGIOUS BODIES

1. There shall be an SRC Chaplaincy Board who shall liaise between the SRC and other Religious bodies on Campus on all matters concerning religion.2. The SRC shall recognize all Religious Bodies on Campus.3. Each Religious body shall submit a copy of its constitution to the SRC, clearly stating the aims and objectives.4. The SRC shall not discriminate against any approved religious body. All approved religious bodies shall have equal rights.5. All religious bodies shall operate with due regards to the provisions of this constitution and the General polytechnic Laws. ARTICLE 37

DUES AND MONIES PAID BY STUDENTS

1. No amount shall, unless by a resolution of the General Council introduced by the Executive Committee, be imposed on any student.2. For the avoidance of doubt, it is hereby declared that the SRC dues to be paid by the students shall be debated upon at the General Council before its imposition.ARTICLE 38

ENTERTAINMENT COMMITTEE

1. There shall be an Entertainment Committee which shall oversee the organization of all SRC entertainment activities on campus.2. The Entertainment Committee shall draw an entertainment schedule at the beginning of each semester provided that prior invitation is extended to the students on the entertainment programs outlined.3. The Entertainment Committee shall render proper accounts of all proceeds accruing to the SRC Treasurer.4. Appointment to the Entertainment Committee shall be made by the Executive Committee subject to the approval of the General Council.ARTICLE 39

TRANSPORT COMMITTEE

1. There shall be a student Transport Committee responsible for all transport matters and consist of not more than five members.2. Appointment to the said Committee shall be made by the Executive Committee.3. Request for transport services by students shall pass through the Executive Committee of the SRC.ARTICLE 40 SPORTS COMMITTEE

1. The Sports Committee shall consist of one representative each from the various JCRs or Halls of Residence Sports Committee and the Schools Sports Committee.2. The Chairperson of the Sports Committee shall be the Sports General Secretary.3. A resolution of the General Council shall approve the membership of the Sports Committee.ARTICLE 41 PUBLICATION AND INFORMATION COMMITTEE

1. There shall be a Publication and Information Committee which shall be charged with the responsibility of publishing magazines, newsletters and other SRC handouts.2. The said magazine shall be published at least once every year.3. The magazine shall be sold to students and the general public at a price to be fixed by the Finance Committee in consultation with the General Council.4. All publicity and advertisements of the SRC falls within the functions of this committee.5. The composition of the Publication and Information Committee shall be;a. The Editor-In-Chief who is the same as the SRC Assistant Secretary shall be the Chairpersonb. Two (2) editorsc. Legal Adviserd. Cartooniste. Treasurerf. One member from the JCRs and Schools6. All appointments to serve on this committee shall be made by the Executive Committee subject to approval of the General Council.ARTICLE 42 WELFARE AND ENVIRONMENTAL COMMITTEE1. There shall be a Welfare and Environmental Committee of the SRC to recommend appropriate health delivery system on the Polytechnic Premises and assist to implement any programme in this direction.2. It shall plan clean-up schedule embracing the Halls of Residence and the Various Schools.3. It shall liaise with the relevant committees in matters relating to the sale of food item on campus and monitor the sanitation condition of such place. 4. Appointments to the Welfare and Environmental Committee shall be made by the Executive Committee subject to the approval of the General Council.ARTICLE 43 ASSETS AND PROJECT COMMITTEE1. There shall be an Assets Committee which shall be responsible for:a. Taking charge of all Assets of the SRC.b. Taking proper and true record of all Assets of the of the SRC2. Members of this Committee shall be appointed by the Executive Committee subject to the approval of the General Council.3. The Assets Committee shall within two (2) weeks of appointment or within three (3) weeks of the coming into force by this constitution, take stock of all assets of the SRC and shall report to the General Council forthwith. 4. Proper records of the stock so taken shall be made in books specially opened for this purpose.ARTICLE 44 DISCIPLINARY AND LEGAL COMMITTEE1. There shall be a Disciplinary and Legal Committee of the SRC. Appointment of the members shall be done by the Executive Committee subject to the approval of the General Council.2. The chairperson of the Committee shall be a member of the general council.

3. The Disciplinary and Legal Committee shall have the power to deal with all Acts of indiscipline on the part of any member of the general council or students referred to it by the general council or any member of the Executive Committee or any JCR or School.

4. The Disciplinary and Legal Committee shall, in the exercise of its functions, have power to prescribe any appropriate punishment capable of being enforced by the general council.

5. Notwithstanding any persons to the contrary, the general council shall, acting on the advice of the Disciplinary and Legal Committee, have the power to recommend appropriate punishments to the Dean of Students Affairs, the Registrar or the Rector for implementation.6. The committee shall have jurisdiction in every matter relating to the interpretation of any provision of whether a person or body of person have acted ultra vices the powers conferred on them by this constitution.

7. It shall have mandate to resolve conflicts between students or group of students.

ARTICLE 45 AD-HOC COMMITTEE1. Notwithstanding the provisions of this constitution, the general council shall have the power to co-opt students from outside the SRC to serve on such committees and or on any matter in the pursuit of its aims.2. Without prejudice to any provisions in this constitution, the general council shall have the power to co-opt students from outside the SRC to serve on such committees and or on any polytechnic standing committees as it deems fit.

ARTICLE 46 APPOINTMENTS1. Without prejudice to any provisions of this constitution, all appointments made by the Executive Committee of the SRC shall be subjected to the approval of the general council of the SRC.

2. The SRC President shall represent the SRC on the polytechnic Council.3. The Executive Committee, subject to the approval by the general council shall have power to dismiss any person appointed to serve on any committee of the SRC for stated reasons.ARTICLE 47 PRESENTATION OF REPORTS.

Every committee of the SRC shall present a report on its activities to the General Council as to be determined by the Executive Committee.

ARTICLE 48 PROCEDURE OF COMMITTEES

Every committee shall, subject to the provisions of this constitution or a resolution of the General Council, regulate its own procedure for its activities, and this shall not be inconsistent with the provisions of this constitution.ARTICLE 49 RESPONSIBILITY OF COMMITTEE MEMBERS

1. Any person appointed to any committee or office who-a. Misappropriate any funds, orb. Conducts himself in such a manner as to cause depreciation, whether in respect of loss or otherwise, in any cash or property entrusted to him,Shall be liable to make good the loss or liable to any punishment to be prescribed by the Disciplinary and Legal Committee.

ARTICLE 50 JCR COMMITTEES/ OFFICERS OF HALLS OF RESIDENCE1. It shall consist of a President, a secretary and a Treasurer who shall be democratically voted into office at Hall levels.2. Shall be responsible for the general administration of their halls and maintenance of discipline.

3. Shall be responsible and accountable for the use of JCR funds allocated to them by the Polytechnic Finance Officer.ARTICLE 51 OFFICERS OF SCHOOLS

1. It shall consist of a President, a secretary and a Treasurer who shall be democratically voted into office at school levels.

2. Shall be responsible for the general administration of their schools and maintenance of discipline.3. Shall be responsible and accountable for the use of school funds allocated to them by the Polytechnic Finance Officer.

CHAPTER NINEWOMENS COMMISSION

ARTICLE 52

WOMENS COMMISSION1. There shall be a Womens Commission which shall be responsible for;a. Aiding female students in realizing themselves as an important resource so as to contribute to the advancement of society.

b. Assisting in finding solutions to problem in connection with women-related ideas.

c. Helping to prepare the female student for a more responsible and responsive role in life after school.

d. Inculcating in the female student, a sense of inclusion, solidarity and active participation in campus activities.

e. Helping to raise the self-esteem and confidence of female students.

2. Every female student in this polytechnic shall be a member of the Womens Commission.

3. The Womens Commission shall, at the beginning of each semester, present a program of activities and expenditure involved to the General Council for consideration and approval.ARTICLE 53

EXECUTIVES OF THE WOMENS COMMISSION1. The Executive of the Womens Commission shall be composed of a-

a. Chairperson

b. Vice chairperson

c. Secretaryd. Treasurer

e. Organizing secretary, and

f. Vice organizing secretary

2. The Chairperson of the Womens Commission who shall be democratically elected by all female students shall be a member of the General Council and shall have the responsibility of implementing the provisions of article -----of this constitution.

3. Notwithstanding clause (2) of this article, every female student who is a member of any JCR or School Executives or a representative of any committee shall form the core membership of this commission.

4. The Chairperson shall be elected together with the SRC Executive Committee Members,5. The other Executives of the Commission shall be appointed by the Commissioner with the prior approval of the General Council.

6. The Secretary of the Commission shall compile and keep the list of all such members as provided for in clause (4) of this article.CHAPTER TENCOMMISSION OF INQUIRY

ARTICLE 54

APPOINTMENT OF COMMISSION

1. The General Council shall appoint a Commission of inquiry into any matter of interest to students wherever-

a. The Executive Committee are satisfied that a Commission of inquiry should be appointed, or

b. The Executive Committee advises that it is in the interest of students so to do or

c. The General Council, by a resolution requests that a Commission of inquiry be appointed to inquire into any matter specified in that resolution as being a matter of importance to students.2. A Commission appointed under clause (1) of the article may consist sole Commissioner or two or more persons one of whom shall be appointed the Chairperson of the Commission. 3. A person shall not be appointed a sole Commissioner or the Chairperson of a Commission inquiry under this article unless he is

a. A person of considerable experience in students affairs and

b. A person who possesses a special qualifications or knowledge in respect of the matter being inquired into.ARTICLE 55

DUTIES OF THE COMMISSION

1. A Commission of inquiry shall-

a. Make a full, faithful and impartial inquiry into any matter specified in the instrument of appointment.

b. Report in writing the result of the inquiry and

c. Furnish in the result of the report the reasons leading to the conclusions stated in the report.

2. Where a Commission of inquiry makes an adverse finding against any person(s), an appeal shall be as right from the finding of the Commission to the Disciplinary and Legal Committee which shall be exercisable within seven (7) days after the finding is made and announced to the General Student body.

3. A person whose conduct is the subject of inquiry by a commission of inquiry, or who may, in any way be implicated or concerned in any matter under inquiry, is entitled to be assisted by such expert as may reasonably be necessary for the purpose of protecting his interests at the inquiry. CHAPTER ELEVEN

HONORARIUM

ARTICLE 56 HONORARIUMS1. Certificates of office shall be presented to the members of the Executive Committee, the General Council and the members off the various Committees formed. Unless otherwise stated by a resolution of the General Council.

2. The vacation residence fees including cost of meals of students, rates of the Executive Committee members of the SRC shall be determined by the Finance Committee.3. The Executive Committee members shall enjoy allowance from the SRC which shall be determined by the Finance Committee.

4. Any person who has been an Executive Committee member of the SRC and has successfully completed his tenure of office shall be an Elder Statesman.

5. Notwithstanding any provision of this article no special privileges shall go with the status of Elder Statesman.6. Without prejudice to the provision of the preceding clause, Elder Statesman in appropriate cases shall be appointed to serve on the various committees of the polytechnic on which the SRC has representation.

7. There shall be Board of Honour elected in the SRC office on which shall be embossed names of the successive Presidents of the SRC.8. Approval shall be given by the General Council in respect of the matters referred to in cause (2 ) and (3) CHAPTER TWELVESRC INVITATIONSARTICLE 57

INVITATIONS1. The SRC Executive Committee shall have power to elect and/ or nominate delegates, representatives, participants to any conference, seminars, or projects to which the SRC has been invited.

2. The Executive Committee of the SRC shall make public such invitations forty-eight (48) hours after the election/ nomination.

3. The delegates/ representatives/ participant shall present a written report to the SRC Executive Committee within fourteen (14) days after the discharge of such duty.

4. The report shall be published within a reasonable time after its submission to the Executive Committee of the SRC.CHAPTER THIRTEEN

LOCAL GNUPS REPRESENTATIVES

ARTICLE 58

REPRESENTATIVES OF THE LOCAL GNUPS1. Shall consist of the President, the Secretary and the Treasurer who shall be elected into office by the general student body.ARTICLE 59

FUNCTIONS OF THE LOCAL GNUPS1. Shall liaise between the Polytechnic, the GNUPS Secretariat and other institutions within and outside the country.2. Shall submit to the SRC information on matters affecting the nation and the student movement.3. Shall assist the SRC in the organization and implementation of all GNUPS activities and decision(s) in the Polytechnic.4. Shall submit to the Executive Committee of the SRC its program of activities and estimates for consideration and approval by the General Council in consultation with the Finance Committee.

5. In times when Takoradi Polytechnic shall host the National Seat of GNUPS, elections shall be organized for the National Executives under the supervision of the Local Electoral Commission unless otherwise stated by the National GNUPS. The National Executives shall not form part of the General Council unless otherwise stated by a resolution of the General Council or the National GNUPS constitution.

6. Notwithstanding the constitution of the National GNUPS, the accredited Central Committee members shall include the SRC President, Secretary, Treasurer, Local GNUPS Representative and the Womens Commissioner. Two other observers shall be appointed by the Executive Committee to attend Central Committee meetings/ Congress of National GNUPS invitation for meeting. CHAPTER FOURTEEN

AMENDMENTS

ARTICLE 60

AMENDMENTS AND REVIEWS1. No amendments of this constitution shall be proposed unless notice of such amendment has been given in writing to the Disciplinary and Legal Committee through the SRC and signed by at least one hundred supporters from among the general students body.2. There shall be a preliminary hearing on the proposals for amendment by the Disciplinary and Legal Committee and where it is satisfied that conditions require an amendment of this constitution, it shall give permission for the amendments.

3. The Disciplinary and Legal Committee in consultation with the Executive Committee shall present a present a proposal to the General Council to appoint a Commission/ Committee.4. A Commission or Committee appointed in accordance with clause (3) of this article shall present draft proposal to the General Council for consideration.5. For the purposes of consideration and debating on the draft proposals at least half of the total membership of the General Council shall be present and the vote of two-thirds of such members shall be required to commence the process of the amendment.6. The Commission responsible for the amendment shall publish the provisions intended to be amended together with the proposals for amendments and the draft provisions on all Notice Boards for at least fourteen (14) days and provided that within the said fourteen days, there shall be a JCR and School forum to debate on the proposals.7. Where the proposal is approved, the new constitution shall come into effect within forty-eight (48) hours after voting on it.

8. Amendments to this Constitution shall be listed and annexed to this document in the nature of amendments and shall be numbered in their order of creation, dated and gathered.CHAPTER FIFTEEN

LAW

ARTICLE 61

LAW

1. In carrying out activities, the SRC and the General student body shall be guided by,a. The general laws of Ghana,

b. The Polytechnic Law and statutes made there under,

c. The Students Constitution,d. The JCR, Schools and Club/ Association Constitutions, and

e. Other Rules and Regulations in existence in the Polytechnic.CHAPTER SIXTEEN

CLUBS AND ASSOCIATIONS

ARTICLE 61

CLUBS AND ASSOCIATIONS

1. There shall be Register of the SRC opened for the purpose of registering all Clubs, Associations etc. formed on campus. 2. Any Club, Association etc. formed on Campus.3. The Executive of any Club, Association or like group which contravenes the provisions in Clause (2) of this article shall be liable to sanctions to be determined by the Disciplinary and Legal Committee in consultation with the Executive Committee.4. The Executive Committee of the SRC has power to ban any unregistered Club, Association formed on campus.

5. The Executive Committee of the SRC shall accept all letters of registration provided that the aims and objectives are not in conflict with the provisions of the constitution.

6. All dues to be charged by such Clubs, Associations etc. shall be reasonable.7. The SRC President shall by the virtue of his office be an ex-officio member of all Clubs and Associations.CHAPTER SEVENTEEN

MISCELLANEOUS

ARTICLE 62

COPIES OF THE CONSTITUTION1. Copies of this constitution shall be made available to every member of the General Council at the beginning of the tenure of office of such member of the General Council, the Disciplinary and Legal Committee members shall also be given copies of the Constitution and statute of the Polytechnic at the same periods as General Council members are given copies of this Constitution.2. Without prejudice to clause (1) of this article, the Secretary shall cause to be kept in each School library and the Polytechnic library copies of this constitution and shall make available copies of this constitution for reference.3. The Secretary shall also make available, the constitution to the Principal, Polytechnic Secretary, the Dean of Students and anyone who may be in need of the constitution for reference.ARTICLE 63

INDEMNITY1. Members of the General Council, Executive Committee and all other Committees shall be indemnified out of the assets and funds of the SRC against any legal or other liabilities as may be incurred for and on behalf of the SRC, provided that such liabilities shall have been incurred in the course of lawful execution of duties assigned to them under this Constitution or by a decision of the General Council.2. In the event of any legal proceedings being instituted against the SRC, the President or his nominee shall represent the SRC.ARTICLE 64

CORPORATE POLICY

1. The SRC shall undertake projects and other administrative activities from dues collected from students.2. It shall be a policy that on-going projects such as the Sports Complex, F.M Station and the proposed Hostel Building etc. be upheld by any succeeding SRC till completion.3. Any act of amendment shall be by approval from 75% of the Students membership on campus.

ARTICLE 65

DEFINITIONS

1. In this Constitution, the expression JCR includes non-residential students as a hall.CHAPTER EIGHTEEN

FORA AND PRESS CONFERENCES

ARTICLE 66

FORA AND PRESS CONFERENCES1. The Executive Committee shall hold at least one (1) forum in each semester.2. Notwithstanding clause (1) of this article, any hundred (100) of the students may request for an emergency forum to discuss pertinent issues affecting students.3. The Executive Committee shall hold Press Conference shall be discussed at the General Council meeting before the date is fixed for the Press Conference.SCHEDULE ONE

THE PRESIDENTIAL OATH

I, having been elected to the High Office of President (or Vice President) of the SRC do hereby in the name of God swear (solemnly affirm) that I will be faithful and true to the SRC, that I shall strive at all times to preserve, protect and defend the constitution of the SRC and I hereby dedicate myself wholly, without fear or favour, to the service and welfare of the student of TAKORADI POLYTECHNIC in particular and of Ghana in general, and uphold the Constitution of the Ghana National Union of Polytechnic Students (GNUPS).I further solemnly swear that I will conform to the principles of strict accountability financially and other wise and that, should I at any time break this Oath of my office, shall I submit myself to the dictates of the SRC Constitution and suffer the penalty thereof- SO HELP ME GOD.NB: To be sworn before the Dean of Students Affairs of the Takoradi Polytechnic or his representative at a public ceremony at which the officials of the polytechnic and the entire student body and/or any invited guest shall be present.SCHEDULE TWOEXECUTIVE COMMITTEE OATHI, having been elected Secretary/ Treasurer to the SRC, do hereby in the name of God swear (solemnly affirm) that I will at all times faithfully truthfully serve the SRC in my capacity as the Secretary/ Treasurer that I will support and uphold the principles of meticulous accountability financially and otherwise, that I will seek the welfare of the students of the Polytechnic in particular and welfare of the students off Ghana in general.I further solemnly swear (affirm) that should I, at any time break my oath of office, I submit to the penalty prescribed by the SRC Constitution- SO HELP ME GOD.NB: To be sworn before the Dean of Students Affairs of the Takoradi Polytechnic at a public ceremony at which the officials of the polytechnic and the entire student body and/or any invited guest shall be present. SCHEDULE THREEOATH FOR THE MEMBERS OF THE GENERAL COUNCILI., having been elected to the General Council of the SRC, do hereby in the name of God swear that I will bear true faith allegiance to the SRC Constitution and uphold , preserve, protect and defend the SRC Constitution and expose with faithful zeal any act, commission or omission or any other matter that will undermine the SRC Constitution.NB: To be sworn at the first General Meeting of the Council and administered by the chairperson of the Disciplinary and Legal Committee.

SCHEDULE FOURELECTORAL PROCEDURE

1) CONDUCT OF ELECTIONS- RULES AND REGULATIONS1) Simple majority shall be required to win an election where two or more candidates contest for a post.2) In the event of a tie, a fresh election shall be conducted for the candidates involved. 3) If at the close of nomination only one candidate is contesting for a post, he/she shall be declared elected by obtaining at least 50% of the total number of valid votes cast.

4) Voting shall be by secret ballot.

5) Candidates for an election are required to read their manifesto before the general student body before the election date.6) The Executive Committee of the SRC, and the GNUPS Local Representative shall be elected by the general student body.

7) The elections to the remaining posts of the SRC shall be conducted by the individual JCRs and Schools on a date to be determined by the Electoral Board.

8) The Womens Commissioners election shall be done by all female students only.

2) CONDUCT OF BYE ELECTION

1) In the event of a post becoming vacant either by resignation or removal from office, a bye-election shall be held within 21 days of the creation of such vacancy.2) The conduct of such elections shall follow the provisions as contained therein in this constitution.3) A member of the General Council wishing to contest a bye-election shall first duly resign his/ her office.

3) NOMINATIONS

1) All nomination forms shall be received from the Electoral Commission.2) The nomination form for the President of the SRC shall have a column for the name of the Vice-President he/she intends to appoint.4) APPOINTMENT OF POLLING AGENTS1) Each candidate fully certified as duly by the Electoral Board shall appoint as many polling agents as the Electoral Board may determine and forward their names to the Electoral Board one clear week before voting.2) The polling agents of all the candidates together with the members of the Electoral Board shall be responsible collectively for removing all ballot boxes to a central point and also shall be collectively responsible for the counting of the ballot.5) OTHER RULES AND REGULATIONS

1) A person can be deemed a candidate only after he or she has been vetted and has been put up by the Electoral Board.2) A person put up as a candidate may withdraw his/her candidature not later than a day before election.3) A candidate who wishes to withdraw may do so by formally writing a withdrawal letter to the Electoral Board.4) No one is allowed to campaign on the day of the election.5) Complains of electoral fraud and allegations of electoral malpractices should be lodged with the Electoral Board within 48 hours after voting.6) ELECTORAL OFFENCES1) A person who-a) forges, fraudulently defaces, or destroys a nomination paper, or any other document relating to an election, or delivers to a returning officer or the electoral board any nomination paper knowing it to be forged; orb) Forges or counterfeits or fraudulently destroys a ballot paper or the official mark on a ballot paper; orc) Without authority supplies a ballot to any person; ord) Sells or offers to sell a ballot paper to any person or purchases or offers to purchase a ballot paper from any person; ore) Not being a person entitled under this constitution or regulations made under it, to be in possession of a ballot paper which has been marked with the official mark, has such a ballot paper in his possession; orf) Knowingly and intentionally puts into a ballot box anything other than the ballot paper which he is authorized by constitution to put in; org) Without authority, destroys, takes, opens or otherwise interferes with a ballot box, ballot paper or packet of packet papers in use or intended to be used for the purposes of an election; orh) Without authority, prints a ballot paper or what purports to be or is capable of being used as a ballot paper at an election; ori) Not being authorized to do so under this constitution or regulations made under it, make a mark on a ballot paper issued to a person, other than himself, with intent that the ballot paper shall be used to record the vote of the person, commits an electoral offence.7) UNAUTHORIZED VOTING1) A person who knowingly-a) votes at an election at which he is not entitled to vote; or

b) Votes more than once at an election commits an offence.8) OFFENCES BY ELECTORAL OFFICERS

1) An electoral officer, clerk, interpreter or other person who has a duty to perform, whether under this or otherwise, in relation to an election and who-

a) makes in any record, return or other document, which he is required to keep or make in pursuance of this constitution or of regulations made under it, any entry which he knows or has reasonable cause to believe to be false, or does not believe to be true; orb) Permits a person whom he knows or has reasonable cause to believe not to be a person who is blind or incapacitated from voting by other physical cause to vote in the manner provided for such persons; or

c) Refuses to permit a person whom he knows or has reasonable cause to believe to be a person who is blind or incapacitated from voting by other physical cause to vote in the manner provided for such persons; or

d) Willfully prevents a person from voting at the polling station at which he knows or has reasonable cause to believe the person is entitled to vote at; or

e) Willfully counts a ballot paper as being cast for a candidate which he knows or has reasonable cause to believe was not validly cast for the candidate; or

f) Without reasonable cause acts or fails to act in breach of his official duty, commits an electoral offence.9) REQUIREMENT OF SECRECY

1) Every person present at the counting of votes shall maintain and help in maintaining the secrecy of voting and shall not communicate any information obtained at the counting of the votes as to the candidate for whom a vote is given on any particular ballot paper.2) No person shall-

a) Interfere with or attempt to interfere with a voter when recording his vote; or

b) Obtain or attempt to obtain in a polling station information about the candidate for whom a voter in that station is about to vote or has voted; or

c) Communicate anytime to any person any information obtained in a polling station about the candidate for whom a voter in that station has voted or about the number, if any, on the ballot paper given to a voter at that station; ord) Directly or indirectly induce a voter to display his ballot paper after he has marked or selected it so as to make known to another person the name of the candidate for whom he has or has not voted; or3) A person who has undertaken to assist-

a) a blind voter to vote; orb) A voter who is incapacitated from voting by any other physical cause to vote, shall not communicate at any time to another person information as to the candidate for whom that disabled voter tends to vote or has voted, or as to the number, if any, on the ballot paper given for the use of the disabled voter; or

4) A person who contravenes any provision of this section commits an electoral offence.10) PERSONATION

1) A person commits the sin of personation if he/she a) votes as another person, whether that other person is living or dead or is a fictitious person; orb) Votes for a person whom he knows or has reasonable ground to believe to be dead or to be a fictitious person.11) BRIBERY1) A person commits the offence of bribery-

a) If he directly or acting through another person-i) Gives money or obtain an office for a voter in order to induce the voter to vote or refrain from voting; orii) Corruptly does such an act on account of a voter having voted or retrained from voting; or

iii) Makes a gift or provides something of value to a voter to induce the voter to vote in a certain way or to obtain the election of a candidate; or

b) If he advances or pays money or causes money to be paid to or for the use of a person with the intent that the money or part of it shall be expended in bribery at an election, or knowingly pays money wholly or in part expended in bribery at an election; orc) If after an election he directly or through another person receives money or valuable consideration on account of a person having voted or refrained from voting or having induced another person to vote or to refrain from voting.2) For the purpose of subsection (1)-

a) References to giving money include giving, lending, agreeing to give or lend, offering, pro missing and promising to procure or to endeavor to procure money or valuable consideration;

12) TREATING

1) A person commits the offence of treating-

a) If he corruptly either himself or through another person, before, during or after an election gives or provides or pays wholly or in part the expenses of giving or providing meat, drink, entertainment or provision to or for any person-

(i) For the purpose of corruptly influencing that person or another person to vote or refrain from voting; or

(ii) On account of that person or another person having voted or refrained from voting or being about to vote or refrain from voting; or

(b) If he corruptly accepts or takes any meat, drink, entertainment or provision offered in the circumstances for the purposes mentioned in paragraph (a) of this section.

13) UNDUE INFLUENCE1) A person commits the offence of undue influence-

a) If he directly or indirectly or through another person acting on his behalf-i) Makes use of or threatens to make use of force, violence or restraint; or

ii) Inflicts or threatens to inflict on another person a temporal or spiritual injury, damage, harm or loss,b) If by abduction, duress or any fraudulent method he impedes or prevents the free exercise of the franchise of a voter.14) INTERFERENCE WITH ELECTIONEERING ACTIVITIES OF OTHER PERSONS.

1) A person who, before or during an election for the purpose of effecting or preventing the election of a candidate either directly or indirectly.a) By words, whether spoken or written, sign or any other representation or in any manner whatsoever seeks to excite or promote disharmony, enmity or hatred against another person, group of persons or political party on grounds of religious, tribal, professional, regional or political affiliation; or

b) Organizes a group of persons with the intention of training the group in the use of, force, violence, abusive, insulting, corrupt or vituperative songs or language calculated to discredit, malign, disparage, condemn, insult or abuse another person or candidate or with a view to causing disharmony or a breach of the peace or to disturbing public tranquility so as to gain unfair advantage in the election over that other person or candidate; orc) Obstructs or interferes or attempts to obstruct or interfere with the free exercise of the franchise of a voter or compels or induces or attempts to compel or induce a voter to vote or to refrain from voting; or

d) Compels, induces or attempts to compel or induce a candidate to withdraw his candidate or voter with injury or harm of any kind; ore) In any manner whatsoever threatens any candidate or voter with injury or harm of any kind; or

f) Induces or attempts to induce any candidate or voter to fear or believe that he will suffer illness or will become an object of divine, spiritual or fetish displeasure or censure;commits an offence.15) CERTAIN ACTIVITIES PROHIBITED ON POLLING DAY1) During the hours when a poll is open on polling day, no person shall, of any polling station, seek to influence, in whatever manner, any person to vote for any candidate or to ascertain for which candidate any voter intends to vote or has voted.2) During the hours when a poll is open on polling day, no person shall within five-hundred (500) metres of any polling station, sell any intoxicating liquor or share elements.

3) Any person who contravenes any provision of this section commits an offence.

16) FALSE STATEMENTS1) A person who before or during an election for the purpose of effecting or preventing the election of a candidate makes or publishes or causes to be made or published by words whether written or spoken, or by song, a statement which is false or which he knows or has reason to believe to be false in relation to the personal character of another candidate commits an offence.2) A person who before or during an election knowingly publishes a false statement of the withdrawal of a candidate for the purpose of promoting or procuring the return of another candidate commits an offence.

3) The provisions of this section shall not take away the right of a person to sue for defamation of character.38