THE CONSTITUTION OF THE MOTION PICTURE PRACTITIONERS’ ASSOCIATION OF NIGERIA
[MOPPAN]
WE THE MEMBERS of the Motion Picture Practitioners’ Association of Nigeria firmly and solemnly resolved; TO COME TOGETHER under one umbrella in the overall interest of our dear profession; AND TO PROVIDE for a constitution for the purpose of promoting growth, development and practice of the Motion Picture in Nigeria and the welfare of our members.
DO HEREBY MAKE, ENACT AND GIVE TO OURSELVES the following constitution.
ARTICLE I
SUPEREMECY OF THE CONSTITUTION
This constitution and its provision will have binding force on all persons who subscribe to the membership of the Motion Picture Practitioners’ Association of Nigeria [MOPPAN}
ARTICLE II
NAME OF THE ASSOCIATION
The name of the Association is Motion Picture Practitioners’ Association of Nigeria, MOPPAN, grouping together all members of the Motion Picture Practitioners’ Association of Nigeria.
ARTICLE III
REGISTERED OFFICE OF THE ASSOCIATION
The registered office of the Association shall be in Nigeria and shall be situated in no ……………… Kano, Nigeria or at such other places within Nigeria as the executive council shall find expedient.
ARTICLE IV
AIMS AND OBJECTIVES
The aims and objectives of the Association shall be:
a) To promote and encourage the interest and advancement of its members in all manners affecting them, as professional Motion Picture Practitioners.
b) To promote and encourage any activity whereby members will be held qualified in their particular field within the Motion Picture industry in Nigeria.
c) To regulate the relationship between its members and the public based on professional ethics and the Associations’ code of conduct as may be regulated and modified from time to time.
d) To facilitate professional growth in the art, practice and techniques of the Motion Picture industry by holding seminars, conferences, workshops and film festivals, at national and international levels.
e) To collate and tabulate statistics and publish information useful to its members, and to issue suitable literature and publications, including an official journal to assist in attaining the objectives of the Association.
f) To advance by any legal means deemed fit the standard of technical work in the Motion Picture industry, thereby improving the knowledge, skills and experience of the Associations’ members generally or individually.
g) To, on behalf of it’s members, liaise with the Nigerian film cooperation for the purpose of patronizing and putting in to effect, usage the technical infrastructure already available in Nigeria i.e. colour film processing laboratory, sound dubbing studio, production and editing facilities and also negotiate rates and credits for the usage of those technical infrastructure in favour of it’s members in order to boost Motion Picture production In Nigeria.
h) To acknowledge and also reward professional merits and achievements made by Motion Picture Practitioners’ in Nigeria who have distinguished themselves in their respective fields, and related creative arts.
i) To work towards the proMotion of, distribution, exhibition and utilization of Motion Picture throughout Nigeria, African continent and the world at large.
j) To offer its services in resolving any differences that may arise between its members and to defend their various interest as part of the proMotion of Motion Picture production.
k) To promote the welfare of the members of the Association in such a manner, as shall be deemed conductive and expedient, but subject to the overall interest of the general public.
l) To cooperate and associate with, or be a member of or to affiliate the Association to any organization nationally or internationally having similar objectives, or whose interest in anyway connected with the aims and objectives of the Association.
m) To undertake all other things as may be considered incidental to or conductive to the attainment of all or any of the objectives of the Association.
ARTICLE V
POWER TO HOLD PROPERTY
For all or any of the above objectives, the Association shall have power to hold, practice, lease and mortgage or otherwise deal with all terms of property or raise funds or money by borrowing on security of the Association or otherwise.
ARTICLE VI
MEMBERSHIP AND ELIGIBILITY
Any person who possesses the necessary qualifications as provided in this constitution is entitled to be registered and classified as a member in the following order:
- Student/trainee
- Associate
- Full member
- Fellow
ARTICLE VII
- A person shall be entitled to be registered as a student member of the profession if he is a citizen of Nigeria and is undergoing a course of studies recognized by the Association as leading to a qualification, in the profession or any trade or thereof in an institution approved by the Association.
- A person shall be entitled to be registered as a trainee member of the profession if he is a citizen of Nigeria and is attached as an apprentice or pupil to an organization or institution having within it at least one full member or one fellow in his chosen trade or specialization within the profession for the purpose of acquiring basic techniques therein.
ARTICLE VIII
ASSOCIATION MEMBER
A. A person shall be entitle on proper application to be registered as an associate member of the profession if :
i. He is a citizen of Nigeria
ii. He is of good character
iii. He is not a person of unsound mind so found by a court of law
iv. He is not an undischarged bankrupt.
B. Either:
i. He holds a degree diploma certificate or other approved or accepted qualifications from any post secondary institution
ii. He has been registered as a trainee member and submits a certificate from any post secondary institution.
iii.
C. He is a listed member of a guild affiliated to a register with the Association.
ARTICLE IX
FULL MEMBERSHIP
A person shall be entitled on proper application to be registered as a full member of the profession if he satisfies the Association that:
a) He fulfils the conditions for registration as associate member under Article VII of this constitution and
b) He submits evidence of practice in the profession for a minimum period of 5 years after registration as associate member.
ARTICLE X
FELLOWSHIP
A person registered as a full member shall be entitled on proper application to be registered as a fellow of the profession if:
a) He continues to fulfill the conditions for registration as associate member under article VIII of this constitution
b) He submits evidence of practice in the profession for a minimum period of 10 years after registration as associate member.
ARTICLE XI
TRUSTEES
- The trustees of the MOPPAN shall be appointed a central working committee meeting of the Association.
- Such trustees [thereafter referred to as “he trustees”] shall be five in number and shall be known as the registered trustees of the Motion Picture Practitioners’ Association of Nigeria.[MOPPAN]
- The trustees may hold office for life, but a trustee shall cease to hold office if:
a) Resigns his office
b) Ceases to be a member of the Association
c) Becomes insane
d) Is officially declared bankrupt
e) Is convicted of a criminal offence involving dishonesty by a court of competent jurisdiction.
f) Is recommended for approval from office by 2/3 majority vote of members of the Association.
g) Cease to reside in Nigeria
- Upon a vacancy occurring in the number of trustees, the central working committee will appoint another eligible member of the Association to occupy same.
- The trustee shall have common seal.
- Such seal will be kept in the custody of the secretary who shall provide it when required by the trustees.
- All documents to be executed by the trustees shall be signed by each of them and sealed by the common seal.
- The trustees shall apply to registered-general of the cooperation appears commission for registration under part C of the company and allied members act of 1990.
- If such certificate is granted, trustees shall have the power to accept and hold in trust all land belonging to the Association and acquire land on behalf of the Association, subject to such conditions as the certificate may impose.
- The trustees at first meeting shall elect a chairman, a secretary and a treasurer and shall have the power to fill vacancies in this office from time to time.
- The chairman of the trustees or, in his absence the secretary shall convene meeting of the trustees annually or a he may think fit, three of the trustees to constitute a quorum. Every member of the trustees shall have one vote and in the even of tie, the president, chairman shall have the casting vote. The proceedings of every meeting of the trustees shall be recorded by the secretary and read at its next session for conformation and signed by the chairman.
- The trustees shall keep true account of the sum of money received and expended and show the matter in respect of which receipt and expenditure takes place and of the property, credit and liability of the Association and goods containing this accounts with shall be kept at the aforementioned headquarters, shall be open to inspection by the members of the Association.0once at least every year this account shall be examined and correctness of the balance sheet as contained by two auditors appointed by the Association. The trustees shall submit a report and audit statement of account to the biannual delegate conference of the Association showing all the transactions of the proceeding years.
ARTICLE XII
ELECTION OF OFFICIAL OF NATIONAL EXECUTIVE COUNCIL
i. All officials of the national executive council shall be elected for the period of two years. A member may be reelected for another one term only.
ii. Officials of the national executive council shall elected by simple majority from delegates during the biannual delegate conference.
iii. The biannual conference shall constitute one constituency for the purpose of electing officials of the national executive council.
iv. Only financially up to date members shall be allowed to cast votes for the purpose of electing officials of the national executive council.
v. To be eligible for nomination as a candidate for election in to the national executive council, only officially up to date members who are so qualified as full members shall be nominated and voted for.
ARTCLE XIII
MEETINGS AND VENUES
a) The biannual delegates’ conference shall be held every two years on dates and venue to be decided by the national executive council.
b) Subject to the provision of this constitution, an emergency conference shall be convened at the instance of the national executive council or upon a resolution sponsored by at least 50% of the delegates to the biannual conference.
c) The national executive council shall meet at least three times a year, on dates and venues to be decided by the central working committee.
d) The central working committee shall meet at least monthly at the Association’s secretariat or as may be directed by either the national president or general secretary.
e) The state executive committee shall meet at least once monthly at the state secretariat or as may be directed by both the chairman and the branch secretary.
f) The state general meeting shall be held at least twice a year, on dates and venues to be decided by the state executive committee.
g) 50% of the delegates shall form a quorum at the biannual delegates’ conference.
h) The quorum of the national executive council meeting shall be 51%.
i) The quorum at the central working committee shall be 51%.
j) The quorum at the state meeting shall be 51%.
k) The quorum at the state general meeting shall be 51%.
l) The decision at all meetings unless specifically provided by this constitution shall a simple majority.
ARTICLE XIV
a) A prospective member must complete such application form as may be drawn up from time to time by the national executive council and upon payment of such registration fee as the national executive council shall fix.
b) Application of membership must be through the appropriate guild sponsored by two active and financially up to date members and shall be submitted to the state branch of the Association or the national secretariat of the Association where the state branch does not yet exist.
c) Every member is to pay a monthly contribution of amount to be determined and apportioned by the national executive council, payable to the financial secretary of either the national secretariat or state branch of the Association.
d) Any member whose contributions are three months in arrears shall be disqualified from holding any office in the Association and from acting as a delegate or representative of his branch or at any meeting of the Association or from benefiting from the Association in any manner and from representing the Association in any other meeting until he shall have paid all outstanding dues to the union.
e) The national executive is empowered to vary either by increasing or decreasing the registered fee or monthly contributions of all members of the Association.
ARTICLE XV
OBLIGATIONS OF MEMBERSHIP
1) Any registered member of the Association shall be deemed to agree and to abide by the provisions of the constitution and rules of the Association. In no case will ignorance be an excuse for breach thereof of failure to comply with the provisions of the constitution or rules of the Association.
2) Suspension
The national executive council or state executive shall committee may suspend from membership.
i. Any member who shall be in arrears of his contributions for more than six months.
ii. Any who shall be in breach of the provision of the constitution or any rule made thereof or any obligation arising out of his/her membership of the Association.
3) Termination
The national executive council or state executive may terminate membership of any member:
I. Who is in arrears of his/her contribution for over one calendar year?
II. Who in the opinion of the executive council committee is not fit and of sound mind continue to remain a member of the Association.
III. Who has acted to the prejudice of the Association’s objectives or policies?
IV. If it is resolved at a general meeting of the Association that a member should resign and if within one month of being notified in writing , the affected member fails to submit his/her resignation to the general secretary in writing.
V. Except as laid down under article XV[c] [i-iv], no termination of membership shall be deemed effective unless the executive council shall first have given notice to the member in question, specifying the grounds on which it is proposed to terminate his/her membership, and informing him/her to have the matter determined by the appeal committee, after two months of his/her being served notice of termination, then the decision of the executive council in this regard stands binding.
VI. Any person ceasing to be a member shall remain liable for the property of the Association in his possession and other dues up to the date he ceases to be a member.
VII. Any person whose membership is terminated, shall have no claims whatsoever on the assets of the Association.
VIII. A terminated member may be considered for re-admission in to the Association after the expiration of full calendar year and after he/ she have shown signs of repentance and paid his/her arrears of dues together with any fines that the executive council imposes on him/her.
ARTICLE XVI
1. The national secretariat of the Association shall be in ………………………………….or such other places as may be decided upon by the national executive council.
2. The Association shall have state branches all over the federation with their headquarters in each state capital.
ARTICLE XVII
GOVERNMENT
1) The government of the Association shall be vested in the following organs.
a) BIANNUAL DELEGATES CONFERENCE
b) NATIONAL EXECUTIVE COUNCIL
c) CENTRAL WORKING COMMITTEE
d) STATE EXECUTIVE COMMITTTEE
2) The supreme authority of the Association shall be vested in the biannual delegate conference.
3) The government of the Association in the period in between the biannual delegates conference shall be vested in the national executive council.
4) The government of each branch shall be vested in the states executive committee.
5) The decision of the biannual delegates conference supersedes any decision taken by the national executive council in any related matter.
ARTICLE XVIII
COMPOSITION AND POWERS OF THE BI-ANNUAL DELEGATES CONFERENCE
a) The bi-annual delegate’s conference shall be composed of:
i. All members of the national executive council.
ii. Officials of all state executive committee.
iii. National officials of all guilds affiliated to and registered with its Association.
b) The bi-annual delegate’s conference shall be held every two years on dates and venues to be decided by NEC.
c) Subject to the provision of the constitution, an emergency conference which shall have the same powers may be convened at any time at the instance of the NEC or upon a resolution sponsored by at least 50% of all the members of the bi-annual delegate’s conference.
d) To be eligible for nominations and election as a delegate, a candidate must be a member in good financial standing and must have actively involved in the activities of the Association.
e) The names of delegates from the officials of the state executive council and guilds shall be forwarded to the national secretariat of the Association not later than 3 months before the conference.
f) Items for inclusion in the agenda shall be forwarded to the secretariat not later than 2 months before the conference.
g) The business of the conference shall be the consideration and determination of policies affecting members, Association and the society.
h) The agenda shall be forwarded to the delegates to reach them not later than 30 days before the conference.
i) The national president shall reside over the conference and in his absence, the deputy or vice or any other person appointed by a majority of the delegates presents at the conference.
j) The conference shall constitute one constituency for the purpose of electing the national officers of the Association.
k) In furtherance of the business of the Association, the conference shall have power to set up adhoc committee for detailed examination or investigation of any issue. Such committees shall report back to the NEC for any action it may deem fit.
l) 50% of the delegates shall form the quorum at the conference.
ARTICLE XIX
NATIONAL EXECUTIVE COUNCIL
- The national executive council shall be composed of:
i. The president.
ii. First vice president.
iii. Second vice president.
iv. Third vice president.
v. National general secretary.
vi. National assistant general secretary.
vii. National treasurer.
viii. National financial secretary.
ix. National publicity secretary.
x. National chairmen of guilds affiliated to and registered with the Association.
xi. National auditor.
Amendment I
xii. Ex-Officio
xiii. Ex-Officio
xiv. Ex-Officio
- The NEC shall meet at least trice a year on dates and at venues to be decided by the council.
- The decision of NEC shall be binding on all members of the Association, unless reversed by the bi-annual delegates’ conference.
- The quorum at the NEC shall be 50%.
ARTICLE XX
CENTRAL WORKING COMMITTTEE
- The NEC empowered to compose the central working committee.
- The central working committee shall be responsible for the screening and recommended of intending members.
- It shall be the duty of the central working committee to guide and further the interest of members of the Association, carry out policies determined by the conference and NEC safeguard the funds of the Association, issue directives for proper government and administration of Association’s affairs.
- It shall report defaulting members to the NEC for necessary action or punishment.
- The committee shall be charged with the responsibility of monitoring the activities of members to see that they operate in accordance with existing governmental laws and rules of the Association.
ARTICLE XXI
STATE EXECUTIVE COMMITTEE
- The state executive committee shall compose:
i. The chairman.
ii. Vice chairman
iii. Branch secretary
iv. Assistant branch secretary
v. Treasurer
vi. Public secretary
vii. Auditor
viii. Two ex-official members.
- The state executive committee shall meet at the venue decided upon by the general house.
- The state executive committee shall meet monthly.
- The state general meeting shall be held quarterly every year.
- It shall be the business of the branch to see to the proper organization of the organization at the grassroots’. To represent the members in appropriate cases, and to follow the directives of the higher organs of the Association in the conduct of it’s affairs for the good of the Association.
- Tenure: All officers of the Association shall be elected for a period of 2 years. A member may be re-elected, only twice for the same post.
- Resignation: All officers of the Association shall be required to give at least one month’s notice to the Association, after which their resignation shall become effective.
- On resignation, an officer of the Association shall surrender all the properties of the Association in his or her/her care to the secretariat and shall settle all debt which may be outstanding against his/her name to the Association.
ARTICLE XXII
President/chairman
a) The national president or the state chairman shall preside over all meetings of the Association, both, executive and central working committee.
b) He shall endorse all adopted minutes and other official documents.
c) He shall together with the general secretary and treasurer sign all vouchers and orders duly approved by the executive committee.
d) He may overrule any Motion which he deems detrimental to the progress of the Association.
e) His ruling stands except when challenged by a majority vote of the members present at a meeting. He is entitled to cast a vote.
f) He shall exercise control over the behaviors of members during meetings.
Vice president/vice chairman
He shall assist the president/chairman and act for him in him absence. He shall perform all duties assigned to him by the chairman.
General secretary/branch secretary
a) He shall deal with all secretary matters.
b) He shall attend meetings of the general and executive council/committees and record all the minutes properly.
c) He shall prepare the order of business at meetings and notify members of appointment.
d) He shall together with the president/chairman and treasurer sign all withdrawals of funds from the Association’s bank.
e) The secretary shall keep inventory of all Associations’ property with each of the officers and shall furnish the president/chairman with a copy of such inventory.
f) In the event of his resignation or dismissal, he shall immediately handover to the president/chairman all files and records of the Association in his possessions.
Assistant secretary general
a) He shall assist the general secretary in the administration of the Associations and perform any other duties that may be assigned to him by the general secretary.
b) He shall act on behalf of the generals secretary in the latter’s absence.
Financial secretary
a) He shall receive cash and bills in behalf of the Association for onward transfer to the treasurer within 48 hours of receipt of such monies.
b) He shall maintain the Associations’ financial records and submit such to the auditors on request.
c) He shall keep and issue receipt on behalf of the Association and regularly inform the members of the Association’s income and expenditures.
Treasurer
a) He shall have general supervision of the finances of the Association and shall receive from the financial secretary all monies collected by him and pay to the Association’s bank account within 4 days of such receipt.
b) He shall together with the president/chairman and general secretary/branch secretary sigh cheques of the Association.
c) He shall have the powers to in his possession an impress account which will be fixed by the central working committee or state executive committee.
Auditors
a) The auditors shall audit the accounts of the Associations’ accounts yearly or as the need arises.
b) The auditors shall thoroughly examine all the account books kept by the treasurer or financial secretary, check all receipt and payments and certify them accordingly.
c) The shall prepare a report and conspicuously place a copy at the secretariat of the Association.
ARTICLE XXIII
FINANCIAL PROVISIONS
The Association shall establish a fund which shall consist:
a) Such funds as may be generated by the Association by subscription, levy or fines, proceeds of economic and social activities and/ otherwise as the Association shall direct for all the purposes comprised expressly or by necessary implication, in it’s aforesaid objectives.
b) Such funds as may from time to time be granted to the Association by any person or organization in form of gift or grants.
c) Such funds as may be collected by the Association for services rendered by the Association or sale of its journals, magazines, newsletter and/or properties.
d) The bi-annual delegates’ conference/NEC shall have the power to determine the annual financial contributions of members of the Association.
e) The bi-annual delegates’ conference/NEC or state executive committee shall have the power to apply the funds of the Association in such as may be found necessary and expedient.
f) The funds and all properties acquired for the Association in whatever nature shall belong to the Association and nothing in this constitution shall prejudice the right of the NEC to institute proceedings to recover all monies due to it, and all properties belonging to the Association.
g) Each branch shall pay shall pay 40% of its income or as may be decided upon at the delegates conference to the national secretariat of the Association to enable the national secretariat effect an efficient working relation with all branches of the Association and general public.
h) Each member may be called upon to pay special levies in aid of approval projects of the Association. If any member fails to pay such levies within two months of its imposition, the amount shall be treated as arrears of contribution.
i) Members may give voluntary donation in cash or kind to the Association. Donations may also be received from the public or international Associations through organized activities decided upon by the Associations.
j) All monies belonging to the Association shall be kept in its name at any accredited bank in Nigeria approved by the Association.
k) No withdrawal shall be made except by the central working committee.
l) The funds of the Association which the members are required to pay in accordance with the constitution, whether by way of subscription, dues , levies, or otherwise shall not be applied[whether directly or indirectly]to the furtherance of any political objectives.
m) All loans concerning the Association shall be channeled through the NEC.
ARTICLE XXIV
POWER TO ACCEPT GIFTS AND GRANTS
a) The Association may accept gifts or/and grants of land, money or other property upon such trusts and conditions, if any may be specified by the person or organization making the gifts or/and grants.
b) The Association shall not accept any gift or grant, if the conditions attached by the person or organization making the gift or grant to the acceptance thereof, are in consistent with the aims and objectives of the Association.
ARTICLE XXV
AMENDMENTS OF THE CONSTITUTION
a) This constitution or part of the same may be altered ,amended, suspended, added or repealed by the Association after due notice and after a resolution to that effect has been carried out.
b) A notice for the amendment shall be assigned by at least 5 members of the Association stating that part of the constitution to be amended and forwarded to the secretariat. Such notice shall be sent at least one month before it is due for debate.
ARTICLE XXVI
DISSOLUTION
a) The Association shall be dissolved if and when the aims and objectives of the Association fail to materialize or the Association fails to fulfill the aims and objectives for which it was established.
b) The Association shall not be dissolved except with the consent of 2/3 of the membership of the Association obtained by means of ballot vote at an emergency or extraordinary delegate conference.
c) In the event of the Association being dissolved as provided above, all debts and liabilities legally incurred on behalf of the Association shall be fully discharged, and the remaining funds of the Association at the time of dissolution are not enough to meet its liabilities, the deficit will be made up from equal contributions by members.
ARTICLE XXVII
SPECIAL CLAUSE
a) The income and property of the Association whence ever derive shall be applied solely towards the proMotion of the aim and objectives of the Association of Nigeria, as set out in the aims and objectives of the Motion Picture Practitioners’ Association of Nigeria and no potion thereof shall be paid or transferred, directly or indirectly by way of divided bonus or otherwise, however by way of profit to the members of the Association.
b) Provided that nothing herein shall prevent the payment, in good faith of reasonable and proper remuneration to any officer of the Association in return for ant service actually rendered to the Association nor prevent the payment of interest of rates not exceeding…….3% per annum on money lent or reasonable and proper rent for premises demised or let by any member to the Association.
c) But also that no member of the executive council shall be appointed to any salaried office paid by fees and that no remuneration or other benefit in money or monies shall be given by the Association to any member of such council or trustees except repayment of part of out pocket expenses and interest at the rate aforesaid on money lent or reasonable and proper rent for premises demised or let tom the Association.
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