THE CONSTITUTION OF THE OGONI SOLIDARITY FORUM (OSF)

INTRODUCTION

1. BACKGROUND:

The OGONI ethnic minority of the Nigerian Niger Delta is one of about 250 ethnic groups that make up the Nigerian nation state. The Ogonis, who are one of the richest oil producing communities in Nigeria, have over the past 40 years suffered oppression and chronic deprivation at the hands of successive military governments.

For this reason, the Movement for the Survival of the Ogoni People (MOSOP) was founded by leading literary figure Ken Saro Wiwa, an Ogoni, in 1990, as a mouthpiece for the Ogoni people, to alert the world to a culture of modernised slavery

experienced through the Nigerian state apparatus.

The hanging of Saro Wiwa and eight others on 10 November 1995 was especially significant in drawing the world's attention to what was tantamount to a genocidal campaign against Ogonis. MOSOP, through nine affiliate bodies, had recruited about 50 000 working activists for the purpose of ensuring fairness in the management and distribution of the national wealth.

After Saro Wiwa's murder, the government meticulously set dragnets around these activists, leading to an exodus of Ogoni from the country for fear of persecution by the government. These people are basically scattered around the West African coast, the largest number being in the Republic of Benin.

On Nigerias return to plain clothes government under Olusegun Obasanjo, the governments focus has been on how to resume oil operations in Ogoniland, regardless of the legal demands of the Ogoni ethnic nationality.
There has, therefore, been increasing tensions between the Nigerian state and several thousand Ogoni people. The Nigerian government does not want the reality of its oil-dirty policy to be known, so she covers up all crises in the Niger Delta generally, and Ogoniland in particular.

Currently, the Nigerian state's modus operandi is to carry out satellite searches by monitoring and persecuting those who insist on the Ogoni people being consulted in exploration agreements between the Nigerian government and the oil multi-nationals.

Consequently, this organisation, the OGONI Solidarity Forum (OSF) intends to operate as a platform for awareness and activity to keep the world abreast of current events in Ogoniland, and of the issues of security that political asylum seekers in Benin Republic and other West African countries face.

2. NAME:

This organisation will be known and called: OGONI SOLIDARITY FORUM, or OSF for short.

3. LEGAL STATUS:

OSF operates as a legal entity; it exists separately from its members and directors. The organisation will exist even when its membership changes and there are new or different members and office-bearers. OSF will own property and other possessions and can sue and be sued in its own name.

4. OBJECTIVES:

The OGONI Solidarity Forum (OSF) will have the understated aims and objectives:

4.1 To raise awareness of what is happening in Ogoniland and to foster concern for those who are in exile on account of their membership of MOSOP.

4.2 To promote awareness of the need for international protection for the Ogoni people against persecution, torture, molestation, deprivation and intimidation owing to their activities for MOSOP.

4.3 Thus, to canvass and mobilise solidarity and concern for the Ogoni people and MOSOP.

4.4 To advocate and mobilise for international concern over Nigerian oil policies as they affect minority groups generally, and the Ogoni in particular.

4,5 To create an information forum for the world to constantly know of events in Ogoniland and the struggle for self-determination waged by MOSOP for the Ogoni.

4.6 The OSF, will liaise with governments, NGOs, religious bodies, etc to, among other things, solicit and lobby for proper rehabilitation of exiled Ogoni people, as long as such a process will not lead to the end of MOSOP struggles, while the Ogoni Bill of Rights (OBR) remain unattended to by the Nigerian government.

4.7 The OGONI Solidarity Forum will also give substantial support, or arrange for substantial support, for MOSOP activists that are considered to be in distress on account of their roles(s) as members, followers or supporters of their organisation's cause.

4.8 The work of the OSF will not be carried out, nor its interests promoted, to the disadvantage of any other group or community, especially one that - like the Ogoni - has a legitimate cause, particularly in Nigeria.

5. INCOME AND PROPERTY:

5.1 The OGONI Solidarity Forum will keep accurate records of everything it owns.

5.2 The organisation will not distribute its property and income to any of its members or office bearers, except for reasonable remuneration.

5.3 The OSF will, however, pay for services rendered by members, except where such services are on a volunteer basis.

5.4 Any expenses made on the OSF's behalf by members and/or others will be remunerated.

5.5 Members or office bearers of OSF do not have rights over things that belong to the organization.

6. MEMBERSHIP AND MEETINGS:

6.1 Membership is open to all persons from 18 years of age.

6.2 A person will become a member subject to filling in a membership application form, although the OSF does reserve right of admission of persons into the organisation.

6.3 Associations, NGOs and other organised bodies can also collaborate with the OSF as associates or supportive bodies and groups.

6.4 Members of the OSF will attend the following meetings:

6.4.1 Monthly general meetings

6.4.2 Quarterly meetings

6.4.3 Special forums such as press conferences, workshops, seminars, emergency meetings, etc.

6.4.4 Annual General Meetings

6.4.5 All collaborators and supportive bodies and groups will also be represented at the above meetings.

6.5 An OSF meeting is legitimate only if 50% plus one of its membership are present to constitute a forum. Such a meeting, postponed for not fulfilling this requirement, can take place within seven days of this postponement, provided those who are present agree to this.

7. STRUCTURE AND MANAGEMENT
The OGONI Solidarity Forum will have the following structures for proper management of the organisation:

7.1. A Governing Council

7.2. A Secretariat

7.3. Several sub committees and task groups

8. COMPOSITIONS AND FUNCTIONS
8.1 GOVERNING COUNCIL:

8.1.1 The Governing Council will consist of all the directors of the OSF.

8.1.2 All the directors of the OSF must be free to accept or reject this position when it is proposed or offered.

8.1.3 The Governing Council will have at least one representative of each body or group that is a registered collaborator or support group.

8.1.4 The head of the secretariat and his/her immediate assistant will also be a member of the Governing Council.

8.1.5 Task group(s) or sub committee(s) will be represented at the Governing Council by the head of the secretariat, except where there is a need for the task group(s) to meet with the Governing Council.

8.1.6 The Governing Council will always meet, at least once a month, to consider and plan the activities of the secretariat.

8.1.7 There will be a minute book for the recording of all minutes of meetings by the Governing Council.

8.1.8 Minutes of meetings and decisions of the Governing Council will be sent to all registered members of the OSF by e-mail.

8.1.9 There will be a quorum at Governing Council meetings if half or 50% of its members who attended the previous meeting are present.

8.10 The Governing Council will have the power to demand explanations from the secretariat through the head of the secretariat.

8.11 The Governing Council will serve as an advisory and resource body to the secretariat.

8.12 The Governing Council will have the following officers:

Chairperson
Vice-chairperson
Secretary
Assistant Secretary
Finance Secretary
Treasurer
Provost

8.13 The Governing Council will elect its officers through a simple majority election.

8.14 Governing Council members will hold office for a period of two years.

8.15 An office holder in the OSF can be re-elected to the same office or any other office after tenure.

8.16 The chairperson and treasurer of the Governing Council and head of the secretariat will be signatories to the OSF account.

8.17 Before resigning, a member of the Governing Council must give notice of this by letter at least 30 days before his or her termination of office.

9. MEETINGS AND PROCEDURES OF TH E GOVERNING COUNCIL
9.1 The Governing council must hold at least two ordinary meetings each year.
9.2 The chairperson or two members of the Governing Council, can call a special meeting If they want to. But they must let the other members of the Governing Council know the date of the proposed meeting not less than 21 days before It Is due to take place. They must also tell the other members of the Governing Council which Issues will be discussed at the meeting. If, however, one of the matters to be discussed Is to appoint a new Governing Council member, then those calling the meeting must give other members not less than 30 days notice.
9.3 The chairperson shall act as the chairperson of the Governing Council, If the chairperson does not attend a meeting, the vice chairperson shall chair the meeting. If the chairperson and the vice chairperson are not present at a meeting, then members of the Governing Council that are present shall choose which one of them will chair that meeting. This must be done before the meeting starts.
9.4 There shall be a quorum at the General Council meeting If half of the members that attended a previous meeting are present.
9.5 If the governing Council thinks It Is necessary, then It can decide to set one or more sub - committees. It may decide to do this to get some work done quickly. Or It may want a sub - committee to do an Inquiry, for example.
9.6 There must be at least three persons on a sub - committee. The sub - committee must report back to the Governing Council on Its activities. Sub - committees shall do this on regular basis.
9.7 Minutes of all the meetings of the Governing Council must be kept open for members to consult.

10. SECRETARIAT
10.1 The Secretariat implies members of staff who are based at registered premises of the OSF.

10.2 A Project Coordinator will head the Secretariat and its activities.

10.3 The Secretariat will also have an Office Administrator, one who will function as assistant to the head of the Secretariat.

10.4 There will be other personnel as the General Council, resources and scope of activities of the OSF will determine.

10.5 All duties and operations of the members of staff of the Secretariat will be planned and determined by the Project Coordinator, subject to the Governing Councils ratification.

10.6 Members of staff in the Secretariat will be paid for services and work done as administrative workers.

10.7 The organisation will always consider voluntary workers as an alternative workforce. But where there are no volunteers, the OSF will recruit persons into positions as stated above or as determined by the Governing Council.

11. TASK GROUPS
11.1 There will be special task groups when and where there is a need.

11.2 Task groups will be set up by the Governing Council as auxiliary to the secretariat for specific reasons and purposes.

11.3 Such bodies will liaise with the Secretariat to ensure that the objectives of the OSF are met and kept in focus.

11.4 The Secretariat will always announce the need for such task groups when that need arises or where there are volunteers who can be useful in carrying out certain areas falling under the OSF's general objectives.

11.5 Task groups will always be set up with time frames and they will cease to exist after they have achieved their purpose(s) or as may be determined by the Governing Council.

12. ANNUAL GENERAL MEETING

12.1 An Annual General Meeting (AGM) must be held; the OGONI Solidarity Forum will always endeavour to hold it on, or as close as possible to, the 10 November.

12.2 The AGM of the OSF will, among other issues, be a forum for members to meet on the following:-

12.2.1 The Annual Report by the Head of the Secretariat

12.2.2 The Financial Report by the finance secretary/treasurer

12.2.3 The proposals for the next years programme by the chairperson of the Governing Council.

11.2.4 Amendment of constitution where necessary

12.2.5 Election of a new office holder, in case of an end-of-year that also mark end of tenure

12.2.6 General

12.2.7 Closing

13. FINANCE

13.1 The OGONI Solidarity Forum will appoint an experienced accounting officer at the annual general meeting. The accounting officer will audit and check on the finances of the organisation.

13.2 The treasurer will have control of the daily finances of the OGONI Solidarity Forum.

13.3 The treasurer will also ensure that all the money of the OGONI Solidarity Forum is deposited into the organisations bank account.

13.4 The financial year of the organisation ends on 10 November every year.

13.5 The annual report of this organisation will be prepared by members of staff at the secretariat and submitted to the Director of Non-profit Organisations.

13.6 The annual report will be certified after its preparation by the Governing Council before submission to the Director of Non-profit Organisations.

13.7 The annual report of OSF will also be a public document.

13.8 The OGONI Solidarity Forum will always disburse her funds, where funds are available, in legitimate ventures, and conduct legitimate internal fundraising activities.

14. AMENDMENT OF CONSTITUTION

14.1 The OSF's constitution can be amended by a resolution. This resolution has to be agreed upon and passed by no less than two-thirds of its members attending the annual general meeting or a special general meeting called for this purpose.

14.2 The constitution can be amended in whole or part as may be deemed fit by the accepted majority of the members of the organisation.

14.3 The accepted majority will always be a two-thirds majority of members at a properly constituted meeting called for this purpose.

14.4 All members will be informed through a written notice, at least 21 days before the date of the meeting. The notice must state in clear terms the proposed changes to the constitution that will be discussed at the meeting.

15. DISSOLUTION AND WINDING UP

15.1 The organisation may close down if minimums of two-thirds of its members are present at a specially convened meeting to vote for this.

15.2 When the organisation closes down it has to pay off all its debts through its assets. After doing this, if there is property or money left over, it should not be paid to members of Ogoni Solidarity Forum; it should be given in some way to another non-profit organisation. The organizations general meeting can decide what organization this should be.

15. ADOPTION OF CONSTITUTION

This constitution was approved and accepted by the following members of the OSF:

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At a special meeting held at its office in Salt River, Cape Town, South Africa

On this ------------ day of ----------------------------- 2004.