IN THE NAME OF THE ALMIGHTY GOD, we the students of the Ghana School of Law, DETERMINED to promote the highest and best of human qualities; material and spiritual DESIROUS to foster solidarity and fraternity amongst other sister institutions;
RESOLVED to abide by democratic principles and the rule of Law;
DO HEREBY ADOPT, ENACT AND BIND OURSELVES AND OUR SUCCESSORS TO THIS CONSTITUTION and further do give powers and duties to the S.R.C. with limitations bearing in mind that human nature being as it is when given a blank cheque will yield to the temptation to overdraw.
COMMENCEMENT: This Constitution shall come into effect on 1st June,2004 after adoption by the General Assembly.
TABLE OF CONTENTS
- THE CONSTITUTION
- AIMS AND OBJECTIVES
- THE EXECUTIVE
- REMOVAL FROM OFFICE
- ELECTIONS AND QUALIFICATIONS
- JUDICIAL COMMITTEE
The organisation shall be known and called the Students Representative Council of the Ghana School of Law, hereinafter referred to as the “S.R.C.”
- SUPREMACY OF THE CONSTITUTION
- This constitution shall be the Supreme Law of the students representative council and other associations of the students of the Ghana School of Law. The Laws of any other students association found to be inconsistent with any provisions of this Constitution shall to the extent of the inconsistency, be null and void.
- Notwithstanding the provisions in Article 2 clause (1), this constitution shall be subject to the constitution of the Republic of Ghana, existing statutes of Ghana and particularly the statute establishing the Ghna School of Law.
- ENFORCEMENT OF THE CONSTITUTION
- Any student with the endorsement of 50 other students of good standing who alleges that:
- An act or omission of any person or group of persons; or
- A constitution, decision or resolution of anybody, organisation, club, union or association is in contravention with the provisions of this constitution may apply to the Judicial committee for a declaration to that effect.
- COMPOSITION OF THE JUDICIAL COUNCIL OF THE S.R.C.
- Every class shall elect two (2) representatives to the Judicial Council with (3) representatives from the final year.
- A member of the S.R.C Executive Council will not qualify as a member of the Judicial Council.
- AIMS AND OBJECTIVES
- The aims and objectives of the S.R.C will include but not limited to:
- Seeking the interests and welfare of the students body of the Ghana School of Law.
- Serve as the mouthpiece of the entire student body.
- Provide a means of communication between students and the school authorities in all matters affecting the student body as a whole or any individual.
- Co-ordinate with other student organisations in Ghana and abroad on matters of mutual interest.
- Foster good relations between the students of this school and the outside world.
- Any ad hoc committee set up by the S.R.C president with advise from the S.R.C executive council.
- For purposes of achieving these objectives, the S.R.C shall organise lectures, symposia, debates, moot courts, publications and such other activities as are necessary to fulfil these general aims and objectives. The S.R.C shall celebrate its week which will fall within the second term of the academic year with the actual date to be fixed by the General Assembly and where impossible, to be fixed by the executive officers in consultation with the Director of the School.
- COMPOSITION OF THE S.R.C.
- The S.R.C shall be composed of
- The General Assembly
- The Executive Council
- The Judicial Council
- Any ad hoc committee appointed by the Executive Council
- MEETING OF THE S.R.C.
- The General Assembly shall meet at least once each term.
- The S.R.C Secretary shall, in writing, notify members of such meetings, and specify the agenda not less than two clear days before the meeting.
- The quorum for a General Assembly meeting shall be 50 students of good standing.
- EMERGENCY MEETING
- Notwithstanding clause (1) of article 7 of this constitution, the executive council or any fifty (50) members of the General Assembly may request for any emergency meeting provided that notice of such rewuest shall be given in writing and that the agenda shall be attached and delivered to the S.R.C Secretary or in his absence, the organizing Secretary.
- The S.R.C Secretary or in his absence the Organizing Secretary shall, in consultation with the Executive Council, summon such a meeting within three (3) days of receipt of such a request.
- Without prejudice to clause (1) of Article 7 and clause (1) of article 8 of the constitution, the first sitting of the General Assembly shall take place within a reasonable time after the assumption of office of new executive officers.
- DECISION MAKING
- The General Assembly shall be the highest decision making body of the S.R.C. and all issues concerning students shall be decided at the General Assembly.
- The executive council of the S.R.C. shall refer all matters of general policy to the General Assembly.
- Notwithstanding clause (2) of Article 9, the General Assembly shall on its own initiative consider and make recommendations on any matter provided for in this constitution or affecting the interest and welfare of students.
- The Proceedings of the General Assembly shall be communicated by the Secretary to the general student body within seventy-two hours after the close of such proceedings. Copies of the proceedings shall be pasted on all notice boards.
- THE EXECUTIVE
The elected S.R.C. executive council will comprise
- The President
- The Vice President
- The Secretary
- The Treasurer
- The Organizing Secretary
The executive council members before assuming office shall take and subscribe to the executive council oath set out in the third scheduled to this constitution.
- FORA AND PRESS CONFERENCES
- The executive council shall hold at least one forum or general meeting at least once in each term
- Notwithstanding clause (1) of Article 11, any fifty (50) students may request for an emergency meeting or forum to discuss pertinent issues affecting students.
- THE PRESIDENT
- There shall be a President who shall be the Chief Spokesman of all the students of the school.
- The authority of the President will extend to the executive and maintenance of all provisions of this constitution.
- All meetings of the General Assembly or The Executive council shall be chaired by the President and in his absence the Vice President.
- PRESIDENTIAL MESSAGES
The President shall acting on the advice of the executive council, at the beginning of each term or before students go down, deliver to the General Assembly on address on the state of affairs of the S.R.C.
The President acting on the advice of other members of the executive council may appoint various ad hoc committees to help him and the executive council with the day to day administration of the affairs of the S.R.C.
- THE VICE PRESIDENT
- There shall be a Vice President of the S.R.C. who will perform such functions as provided for in clause (2) of this Article.
- The Vice President shall perform duties and functions including
- Assisting the President with the performance of his duties
- Acting in the absence of the president and when so acting, shall be vested with all the powers of the President subject to the provisions of this constitution.
- Acting as an ex officio member of all committees of the S.R.C. General Assembly and shall co-ordinate the activities of such committees.
- Performing any other duties assigned by the President or the executive council.
- THE SECRETARY
- There shall be a Secretary who shall be the Secretary to the General Assembly and the Executive Committee.
- The Secretary shall perform duties and functions which shall include:-
- Keeping and maintaining true and accurate minutes and records of all proceedings of the General Assembly and Executive Council meetings;
- Responsibility for all correspondence of the S.R.C.;
- Compilation of an official list of all members of the General Assembly in accordance with the provisions of this Constitution; and
- The performance of other duties assigned by the President or the Executive Council.
- THE TREASURER
- There shall be a Treasurer who shall perform duties and functions which shall include:
- The receipt of all moneys and revenues accruing to the S.R.C. or committees or commissions of the S.R.C. and the disbursement of such moneys as the Executive Council shall direct, subject to the approval of the General Assembly;
- Taking charge of all financial transactions of the S.R.C in accordance with the provisions of this constitution
- Performing other duties assigned to him by the President or the Executive Council
- The Treasurer shall be the Secretary to the Finance Committee, if any, and shall perform such duties in relation to the Finance Committee as provided for in this Constitution.
- THE ORGANISING SECRETARY
There shall be an organizing secretary who shall perform duties and functions including:
- Assisting the secretary in the performance of his duties
- Act as Secretary in the absence of the Secretary
- Organize and make arrangements for meetings, for a, press conferences, moots and all other functions promoted or organized by the S.R.C.
- Perform any other duties that the executive council may entrust to him.
- SIGNATORIES TO THE S.R.C. ACCOUNTS
- The President of the S.R.C.
- The Registrar of the Ghana School of Law
REMOVAL FROM OFFICE
- GROUNDS FOR REMOVAL
- An Executive Officer shall be removed from office if found, in accordance with the provisions of this article:-
- To have acted in violation of the oath of office set out in the First or Second Schedule to, or in violation of this Constitution; or
- To have conducted himself/herself in a manner:-
- Which brings or is likely to bring the high office of President or Vice President, Secretary, Organizing Secretary or Treasurer into disrepute, ridicule or contempt; or
- Prejudice or inimical to the interests of students or
- To be incapable of performing the functions of his office by reason of infirmity of body or mind; or
- To have embezzled funds or recklessly handled the finance of the S.R.C.; or
- To be inefficient or negligent in the discharge of his/her duties.
- Any student with the support of 50 students of the School shall, by notice in writing addressed to the Chairperson of the Judicial Committee, commence impeachment proceedings, against an Executive officer, provided that the officer shall be served with a copy of the notice three (3) clear days before the start of such proceedings.
- The Chairperson of the Judicial Committee shall, within five (5) days of receiving the notice of impeachment, convene a sitting of the Judicial Committee for a determination of the grounds for impeachment.
- The decision of the Judicial Committee shall be by a simple majority and shall be communicated to an emergency session of the General Assembly called for that purpose by the executive body within forty-eight hours after receipt of the decision of the Judicial Committee.
- The General Assembly shall then debate and thereafter, vote on the issue.
- For impeachment purposes, the votes of a simple majority of the General Assembly shall be conclusive.
- For the purposes of this article, the chairman of the Judicial Council shall chair the emergency session of the General Assembly, without prejudice to any other provision of this Constitution.
- Any officer so impeached shall forthwith cease to be a member of the Executive of the General Assembly.
- Any vacancies created by virtue of any provision of this Constitution shall be filled within twenty-one days after such vacancies are created.
- VOTE OF NO CONFIDENCE
- By ¾ of the entire student body present and voting a vote of no confidence can be passed on any members of the executive council. Such an officer will be deemed removed from office
- For the purpose of clause one above, the petitioner must secure 80 signatories of students of this school to convene a general assembly for that purpose.
ELECTIONS AND QUALIFICATIONS
- ELECTIONS OF THE EXECUTIVE OFFICERS
- A student shall not be candidate in any election unless he is nominated for election as President, Vice President, Secretary, Treasurer or Organizing Secretary by a document which
- Is signed by him; and
- Is nominated by one person and
- Is endorsed by five persons from each class and his document
- Is delivered to the electoral commission on or before the day fixed for the close of nominations.
- The election of the Executive Officers shall be on the terms of secret popular vote and shall, subject to the provisions of this Constitution, be conducted in accordance with such regulations as may be prescribed by Constitutional Instrument issued by the Electoral Commission and shall be held so as to begin
- Where the Executive Officers are in office, six weeks after the beginning of the third term in an academic year; or
- In any other case, fourteen days after the office of any Executive Officer becomes vacant and shall be held at such place and begin on such date as the Electoral Commission shall, by Constitutional Instrument prescribe, not being inconsistent with this Constitution.
- An unopposed candidate shall obtain more than fifty percent of the total votes cast to be deemed elected.
- A student shall not be qualified for election to any executive office unless:
- He/she has considerable experience and exposure in students affairs including attendance at SRC meeting.
- A person shall not be qualified to be an Executive Officer if he/she:-
- Has been adjudged or otherwise declared to have misappropriate funds or conducted himself in such a manner as to cause depreciation in respect of loss or otherwise in any cash or property entrusted to him; or
- Has been found by any committee of enquiry to be incompetent to hold any office or is person in respect of whom a committee or commission of enquiry has found that while holding any office he has acquired assets unlawfully or defrauded the SRC or misused or abused his office; or wilfully acted in a manner prejudicial to the interests of the students and the findings have not been set aside on appeal or judicial review; or
- Has once been removed from any student office at nay tertiary institution.
- Without prejudice to any provision of this Constitution, a student shall qualify to stand and contest elections to any Executive Office provided he is not a final year student. A final year student can however contest a bye election.
- No student shall be elected as an Executive officer unless at such election, the number of votes cast in his/her favour is more than fifty percent of the total number of valid votes at the election.
- Where no candidate scores more than fifty percent of valid votes cast, the person who scores the highest votes cast shall be deemed as duly elected.
- An instrument which:-
- Is executed under the hand of the Chairman of the Electoral Commission and under the seal of the Commission; and
- States that the person named in the instrument was declared elected as an Executive officer at the election shall be prima facie evidence that the person was so elected.
- The Electoral Commission shall, immediately after an election, declare provisional results and unless or until such results are challenged. Shall declare the final results within seventy-two hours after the election.
- CHALLENGING OF ELECTION
- The validity of the election of an Executive officer may be challenged by a student of this school who may present a petition for that to the Judicial Committee within forty eight hours after the declaration of the result of the position in respect of which the petition is presented.
- A finding by the Judicial Committee that the election of the President, Secretary, Treasurer or Organising Secretary is not valid shall be without prejudice to anything done by any person or authority before such a declaration.
- The Judicial Committee shall, without prejudice to any provision in this Constitution decide on the validity of an election within seven days after the petition has been received by the Chairperson of the Judicial Committee.
- The Chairperson of the Judicial Committee, Chairperson of the Electoral Commission and three members of the General Assembly nominated by the General Assembly shall, within two months after the coming into force of this Constitution, make rules for the practice and procedure for petitions to the Judicial Committee challenging the election of any executive number, which rules shall be precedent for such purpose as provided for in this article.
- TENURE OF OFFICE OF THE EXECUTIVE OFFICERS
- A student elected as an Executive Officers shall, subject to clause (3) of this article, hold office for a term of one academic year.
- Notwithstanding clause (1) of this article, the Executive Officers shall, hand over to newly elected Executive Officer within fourteen (14) days after declaration of the final election results. Where the Judicial Committee invalidates the election(s), re-elections shall be conducted at a time stipulated by the Judicial Committee, for the specific position or positions.
- The office of an Executive Officer shall become vacant:
- On the expiration of the period specified in clause (2) of this article; or
- If the incumbent dies or resigns from office or ceases to hold office under this Constitution
- THE ELECTORAL COMMISSION
- There shall be an Electoral Commission which shall consist of:-
- A Chairperson who shall also be the Electoral Commissioner;
- Two deputy Chairpersons
- QUALIFICATION OF ELECTORAL COMMISSION CHAIRPERSONS
- A student is not qualified to be appointed Chairperson or Deputy Chairperson unless he/she is qualified to be elected as an Executive Officer.
- The electoral Commission shall be appointed by the executive council of the S.R.C
- INDEPEDENCE OF THE COMMISSION
Except as provided in this Constitution or in any resolution of the General Assembly not inconsistent with this Constitution, the Electoral Commission shall not be subject to the direction or control of any person or authority.
- RULES AND REGULATIONS FOR ELECTIONS
The Electoral Commission shall, by Constitutional Instrument make rules and regulations for the effective performance of its functions under this Constitution.
- EXPENSES OF THE COMMISSION
The administrative expenses of the Electoral Commission shall, be charged on the Students Accounts.
- VETTING COMMITTEE
There 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, or a resolution of the General Assembly, or regulations of the Electoral Commission. The Vetting Committee shall have the power to disqualify any candidate for any election under this Constitution.
- COMPOSITION OF VETTING COMMITTEE
The Vetting Committee shall Comprise:-
- The Chairperson of the Electoral Commission;
- One Deputy Chairperson of the Electoral Commission;
- Two members of the General Assembly;
- One member of the Executive council nominated by the Executive council of the S.R.C.; and
- Three other students of this school invited by the Electoral Commissioner.
THE JUDICIAL COMMITTEE
- THE JUDICIAL COMMITTEE
- INDEPENDENCE OF THE JUDICIAL COMMITTEE
- LAWS OF GHANA
- MODE OF EXERCISING JUDICIAL POWER
- THE APPEALS BOARD
- RIGHT TO COUNSEL
- THE STUDENTS ACCOUNT
- WITHDRAWAL FROM STUDENTS FUND
- AUDIT COMMITTEE
- There shall be an Audit Committee which shall comprise five members appointed by the Executive Council of the S.R.C. with the prior approval of the General Assembly at its first sitting provided that three of the persons so appointed shall be persons professionally qualified or having a reasonable degree of knowledge in auditing and accounting and provided also that there are two persons on the Board from one and the same class.
- The accounts of the S.R.C. and all committees, commissions or institutions established
- INDEPENDENCE AND POWERS OF THE AUDIT COMMITTEE
- ADMINISTRATIVE EXPENSES OF THE COMMITTEE
- DUES AND OTHER AMOUNTS PAID BY STUDENTS
- REPORTS TO THE GENERAL ASSEMBLY
- PRESENTATION OF REPORTS
- PROCEDURE OF COMMITTEES
- RESPONSIBILITY OF COMMITTEE MEMBERS
- Certificates of honour or awards shall be presented to the Executive Officers, members of the Executive Council, the General Assembly, and the Judicial Board upon the successful completion of their tenure of office at a handing over ceremony to be held in public. All committee members and individuals who have contributed to the cause of students shall be entitled to certificates or awards.
- Any person who has been a member of the Executive Council and has successfully completed his tenure of office shall be an Elder Statesman.
- Notwithstanding clause (2) of this article, any person, student or otherwise, who has been a member of the General Assembly or any committee or has contributed significantly to the welfare or students may apply to the General Assembly through the Executive Council as an Elder Statesman.
- A certificate of Honour as Elder Statesman with a citation enumerating his contributions to the interests of students may be awarded to any person(s) in a particular year.
- Without prejudice to any provision of this Constitution, no special privileges shall go with the status of an Elder Statesman except that recognition, audience and honour shall accorded to such person at any function of the S.R.C. at which he is present.
- A book of Honours of Elder Statesman shall be kept in the offices of the S.R.C. in which the names and other particulars together with citations of Elder Statesman shall be recorded and preserved
- The Boards of Honour shall be updated every year beginning from 2004.
- No amendments to this Constitution shall be proposed after the adoption of this constitution unless notice Committee signed by at least fifty supporters from among the student from all the classes.
- There shall be a preliminary hearing on the proposals for amendment by the Judicial Committee and where it is satisfied that conditions require an amendment of this Constitution, it shall give permission for the amendment.
- The Judicial Committee shall issue an order directing the Executive Council to appoint a commission with such terms of reference as to reflect the proposals for amendment.
- A Commission or Committee appointed in accordance with clause (3) of this article shall present draft proposals to the General Assembly for consideration.
- For the purposes of consideration and debating on the draft proposals, at least one third of the total membership of the General Assembly shall be present and the vote of two-thirds of such members shall be required to continue the process of the amendment.
- The Commission responsible for the amendment shall publish the provisions intended to be amended together with the proposals for amendment and the draft provisions on all notice boards for at least twenty-one days.
- Where the proposal is approved, the new constitution shall come into effect within seventy-one hours after the approval.
- The Commissioner or Committee charged with the responsibility for the purposes of this article shall, present at a public forum, copies of the new constitution together with a report to the Executive Council.
- Amendments to this Constitution shall be listed and annexed to this Constitution in the nature of amendments and shall be numbered in their order of creation dated and gazetted.
- For the purposes of this article, the Electoral Commission shall supervise the vote on the question of amendment at a general meeting.
- COPIES OF THE CONSTITUTION
- Copies of this Constitution where possible shall be made available to every member of the General Assembly at the beginning of the tenure of office of such member of the General Assembly. Judicial Board members shall also be given copies of the Constitution.
- Without prejudice to clause (1) of this article, the Secretary shall cause to be kept in the S.R.C. Office, copies of this Constitution for reference by any student.
- Members of the General Assembly, Executive Council or Commissions and Committees of the General Assembly shall be indemnified out of the assets and funds of the S.R.C. against any legal or other liabilities as may be incurred for and on behalf of the S.R.C., 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 Assembly.
- In the event of any legal proceedings being instituted against the S.R.C., the President shall represent the S.R.C.
- INVITATIONS TO PROGRAMMES
- The Executive Officers, in consultation with other members of the Executive Council shall have power to nominate delegates, representatives of participants to any conferences, seminars or projects to which the S.R.C. has been invited.
- The delegates, representatives or participants shall present written reports to the General Assembly through the President, seventy-two hours after such conferences, seminars or projects.
- The report shall be published by the Secretary on all notice boards within a reasonable time after its submission to the General Assembly.
- REPORTS AND ARCHIVES
There shall be kept in the S.R.C. offices an archival cabinet for each committee where reports of succeeding committees for the General Assembly or any other committee established under a resolution of the General Assembly shall be kept.
- “resolution” means a resolution passed by the General Assembly and includes decisions;
- “article” means an article of this Constitution
- “commission of inquiry” includes a committee of inquiry
- “constitutional instrument” means an instrument made under a power conferred by this constitution
- “function” includes powers and duties
- “judgment” includes a decision, an order or decree of the Judicial Committee
- “sitting” includes a period during which the General Assembly and other committees meet continually
- “oath” includes affirmation specified in the Schedules to this Constitution
- “interest of students” includes any right or advantage which ensures or is intended to ensure to the general benefit of the student population of this School
- “session” means a series of meetings of the General Assembly within each semester
- “SRC” shall include committees or commissions of the General Assembly or those established under a resolution of the General Assembly
- “Judicial Committee” means the Judicial Committee and the Appeals Board
- “An accredited observer” means an observer who had applied by letter through the SRC Secretary prior to any meeting, to participate in the said General Assembly meeting
- “Chairperson” means chairman of a committees, commission or an association of the SRC whether male or female
- “he” also means she whenever the issue in the constitution affects a feminine gender
- “Executive Council” means the elected Executive Officers of the S.R.C.
- “General Assembly” means the student body of the school
- “Simple resolution” means 50 percent plus one votes cast
- “Special resolution” means 75 percent of votes cast
THE S.R.C. CONSTITUTION
THE PRESIDENTIAL OATH
I, ………………………………………………..having been elected to the high office of President or Vice President of the Students Representative Council do hereby in the name of God swear (solemnly affirm) that I will be faithful and true to the S.R.C.; that I strive at all times to preserve, protect and defend the Constitution of the SRC and I hereby dedicate myself wholly, without fear nor favour, to the service and welfare of the students of the Ghana School of Law in particular and of Ghana in general, and uphold the Constitution of the Ghana School of Law.
I further solemnly swear (affirm) that I will conform to the principles of strict accountability financially and otherwise and that should I at anytime break this my oath of office, I shall submit myself to the dictates of the SRC Constitution and suffer the penalty therefrom (SO HELP ME GOD)
THE S.R.C. CONSTITUTION
EXECUTIVE OFFICERS OATH
I, ……………………………………………… having been elected Secretary, Treasurer or Organising Secretary hereby in the name of God swear (solemnly affirm) that I will at all times faithfully and truly serve the SRC in my capacity as Secretary, Treasurer or Organising Secretary, 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 Ghana School of Law.
I further solemnly swear (affirm) that should I at anytime break this my oath of office, I shall submit to the penalty prescribed by the SRC Constitution. (SO HELP ME GOD)
THE JUDICIAL COMMITTEE
34. The Judicial Committee
1 There shall be a Judicial Committee which shall comprise two members nominated from each class with three members from the final year.
2 The Chairperson of the Judicial Committee shall be appointed by the Executive Council subject to the approval of the General Assembly.
3 No student shall be qualified as a member of the Judicial Committee unless he is of high moral character and proven intergrity.
35. Independence of the Judicial Committee
1 In the excercise of its functions, the Judical Committee shall be subject to this Constitution only and shall not be subject to the control of any person or authority.
2 Neither the Executive Council nor the General Assembly nor any other person whatsoever shall interfer with the members of the Judicial Council in the excercise of thier functions , and all students of the General Assembly shall accord the Judicial Committee such assistance as the Judicial Committee may resonably require to protect the independence, dignity and effectiveness of th Judicial Committee subject to this constitution.
3 A member of the Judicial Committee shall not be liable to any action or suitfor any act or omission by him in the excercise of his Judicial power.
1 The Judicial Committee shall have jurisdiction in :-
a all matters relating to the enforcement or interprationof this Constitution;
b all matters arising as to whether a resolution was made or, a person or authority has acted in excess of the powers conferred on it by this Constitution or any other provision made thereunder;
c all matters relating to elections under this Consitution;
d impeachment proceedings against any member of the Executive Officers;
e a dispute between or amongst any two or more members of the Executive Council.
2 For the purpose of hearing and determining a case or matter within its jurisdiction the Judicial Committee shall, have power to do such things as shall be resonable and necessary thereto includining the issuing of the prerogative writs or orders of mandamus, certiorari, prohibition, quo warranto, declaration and injunctions and issue directions for the purpose of enforcing or securing the enforcement of its powers.
3 In the exercise of its powers the Judicial Committee shall have power to give advisory opinions to the Executive Council or Committees of the General Assembly on any legal issue on request.
37 Laws of Ghana
Notwithstanding any other provision in this Constitution, in the excercise of its functions, the Judicial Committee shall be guided by the Constitution of the Republic of Ghana, the Laws of Ghana and the statute establishing this school.
38 Mode of Exercising Judicial Power
1 Except in impeachment proceedings, the Judicial Committee shall be duly constituted for its work by not less than three members of the Judicial Committee.
2 The Chairperson of the Judicial Committee shall preside at sittings of the Judicial Committee and in his absence, the member nominated by other members of the Judicial Committee shall preside;
3 In all matters (unless specifically provided to the contrary) the decision of the Judicial Committee shall be by simple majority.
4 The Judicial council shall, in the exercise of its functions, be bound to give written reasoning.
1 The tenure of the members of the Judicial Committee shall come to an end when an outgoing S.R.C. hands over to a new S.R.C.
2 The Chairpersonand other members of the Judicial Committee shall before assuming office, take and subscribe to the Judicial oath, as provided for in the Third Schedule to this Constitution before the General Asembly at a special sitting called for that purpose.
39 A member of the Judicial Committee shall cease to hold office if;
a if he resigns by writting signed by him and addressed to the Executive Council
through the President provided that at least a twenty-one (21) day notice is given; or
b if he is unable to provide the functions of his office whether arising from infirmity of body or mind; or
c for stated misbehaviour or incompetence, provided that in (a) (b) and (c), the member against whom a petition is made is entitled to be heard in his defence by himself or by a counsel or the expert of his choice before the Appeals Board.
40 The Appeals Board
1 Without prejudice to any provision of this Constitution, an appeal shall lie as of right from a judgment or order of the Judicial Committee to the Appeals Board whose decision shall be final.
2 The Appeals Board shall consist of ;-
a The Judicial Committee
b All class prefects
3 The Appeals Board shall be duly constituted for its work by all members of the Judicial Commitee and all class prefects.
4 The Appeals Board shall be chaired by the chairperson of the Judicial Committee or in his absense, any member of the Judicial Committee.
5 The decisions of the Appeals Board shall be by simple majority, and in the exercise of its functions, the Appeals Board shall be bound to give written
reasoning for its decision.
41 Right to Counsel
any person appearing before the Judicial Committee or the Appeals Board shall have a right to counsel
42 The Students Account
1 There shall be paid into a Students Account, subject to the provitions of this article;
a all revenuesor other monies raised or recieved for the purposeof, or on behalf of the S.R.C.or committees of the General Assembly; and
b any other monies raised or recieved in trust for,or on behalf of, the S.R.C.
2 The revenues or other monies referred to in clause (1) of this article shall not include revenue or other monies ;-
a that are payable by or under a resolution of the General Assembly into some other fund established for specific purpose; or
b that may, by or under a resolution of the General Assembly, be retained by a committee or commissionof the General Assembly that recieved them for the purpose of defraying the expensesof that committee or commission.
3 For the avoidance of doubt, it is hereby declared that any committee or commission of the General Assembly, shall, within seventy-two hours of raising or receiving any revenue or other moneys for the pupose of, or on behalf of on in trust for that committee or commission, unless the General Assembly by a resolution states otherwise, pay through the Treasurer such revenue or moneys into the Students Accounts.
4 Notwithstanding clause (3) of this article, a commttee or commission may with the prior approval of the General Assembly, retaina percentage of revenue or monies received or had in accordance with clause (2) of thi article.
43 Withdrawal from Students Fund
1 No monies shallbe withdrawn from the Students Account except to pay expenditure that is charged on that Account by the Constitution or by a resolution of the General Assembly.
1 The President shall cause to be prepared and presented to the General Assembly before handing over estimates or revenues and expenditure of the S.R.C. or committees of the General Assembly.
2 Without prejudice to clause (1) of this article the President shall within twenty-one days of the first term of office, present to the General Assembly, the proposed programes or projects or activities to be undertaken by the Executive Officers during thier tenure of office.
3 The proposed estimates of expenditure of any committee or commission shall be classified under programes and activities of the S.R.C. and shall be presnted to the General Assembly to provide for the issue from the Students Fund or such other appropriate fund, of the sums of money necessary to meet that expenditure and the appropriation of this sums for the puposes specified.
4 The General Assembly shall prescribe the procedurefor such estimates.
5 Where, in respect of the term, it is found that the amount of monies appropriated for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no sum of monies have been appropriated, a supplementary astimate showing the sum of money required, shall be presented to the General Assembly for its approval.
6 Notwithstanding the provision of the preceeding clauses of this article, the Preaident may cause to be prepared and presented to the General Assembly, estimates of revenue and expenditure of the S.R.C. for periods of over one term for development or long term purposes.
45 Aduit Committee
1 There shall be an Audit Committee which shall comprise five members appointed by the xecutive council of the S.R.C. with the prior approval of the General Assembly