Tuesday, May 06, 2014

Between NASELS Constitution, Congress, and a Committee

Tuesday, May 06, 2014

Between NASELS Constitution, Congress, and a Committee

…BAD DEBUT FOR O. BUSAYO AND ABDULRAHMON REGIME

Re: VOID Report Of Plagiarism By NASELS Former Judicial Committee

Sincerely, it does not give me joy to write over a matter that have been deliberated on by the Congress, especially during a period of examination, but the excessiveness of former Judicial Committee members wont just discourage me from that.
What is happening in NASELS? I keep wondering why the constitution and the Congress should be turned into a toy with no importance.

Their Offence And My Concern: I have no resentment for any member of the neither former judicial committee (In fact, most of them are my friends and respected senior colleagues) nor the complainant, Tola Adegite formerly referred to in “The Writer, Lied, Defamed”, but the Committee pasted a judgment that has been declared null and void by the Congress of the department with submission that the case should be referred to the next Judicial Committee.
The implication is that the committee wants to force their “void” judgment on members of the department. Another implication is that students of the department that constitute the congress are not wiser and lack the legal backing to stop them. It could also be interpreted that they are saying that in their calculation, five (members of the judicial committee) is greater than 45 members that forms a quorum (Section 46 of NASELS constitution).

A Judicial Committee ignorant of Constitution: When the ‘Healing House’ is Sick
It is clearly stated in Article 1, Section 2 of the NASELS constitution that “The constitution is supreme and all its provisions shall have binding force on all organs, STANDING COMMITTEES and members of this association (NASELS)”. (Emphasis mine).
After giving itself supremacy, the constitution also empowers the Congress to be the supreme law making body. Article II: Section 8, Sub-section I and II of the constitution says, “The general assembly of all members of the Association shall hereafter be called “Congress”. It shall be the supreme law making body of the association.” (Emphasis mine).
With the above provisions of the constitution, it clearly shows that the Judicial Committee have violated what they are meant to protect. Of course, it is a sign that they are ignorant of the law. However, “Ignorant of the law is not an excuse…”
Claiming that they (members of the committee) later made some effort before finally pasting the VOID judgment, it simply means they acted as impersonators. This is because the last Congress has been held for the academic session, all committees have been dissolved, and the new excos are expected to constitute fresh committees through the Congress. So, what and/or who gives them the power and legality to function after they have been dissolved? Are they impersonators? Pasting the VOID judgment and signing it after they have been relieved of their duty may correctly be reasoned as an alleged impersonation.

Now on the Void Judgment
I commend members of the congress for declaring the judgment as void. I am neither a lawyer nor a critic; may be a writer; but most importantly a bonafide member and student of the English Department. I also commend the committee for the inconclusive research they made.
Categorically speaking, there is no basis for making any judgment on the case of alleged plagiarism brought to the committee. The issue of plagiarism is one of the cases in Nigeria that many judges find hard to pass judgment on. This is because lawyers hardly have enough backings for their clients.
However, I want to call the attention of members of the past Judicial Committee to some key elements that should be checked before making judgment on any case of plagiarism as a “court” – judicial committee. The first is that there must be evidence of Copyright for the plagiarized work, idea, or thought i.e. the writer, in the case under review, must have legal evidence that the work belongs to him.
Also, consider if the form of presentation is the same. If the writer has performed the poem before and it is performance is the same, then a case could be successfully won. But if he has not, that makes the claim faulty.
Among other checks for plagiarism in relation to adaption and intellectualism is that when a work is made public and the original writer is already known to the public, if it is presented in a form different (EG written to performance) from that of the original owner, the case of plagiarism can hardly be established. This is why students can easily act a writer’s drama text on pit theatre and go scot-free. The same applies to Maltina Dance All among other dance competition similar to performance poetry.
Lastly among others is EVIDENCE. The evidence needed in this case is: (1) A documented rules and regulation for the competition (2) The submitted works by participants (3) Copyright Certificate of the poem (4) Record of the performances (5) Evidence of acknowledgement or no acknowledgement. (The conditions may be more than this).
PLEASE, LET US REMEMBER THAT LAW AND LEGALITY IS DIFFERENT FROM PERSONAL JUDGEMENT. LAW IS TECHNICAL, EVIDENCE-BASED AND MUST ENSURE JUSTICE NOT FROM INDIVIDUAL PERSPECTIVE. IT TAKES CERTAIN LEVEL OF CLARIFICATION FOR THE LAW TO DECLARE AN ACTION GUILTY. THE LAW OWNS SUPREMACY NOT A JUDGE OR PANEL OF JUDGES.

BAD DEBUT FOR O. BUSAYO AND ABDULRAHMON ADMINISTRATION
In football, the first impression of a player has a lot to tell about him/her. Also, in writing, the introductory paragraph speaks volume. Painfully, the debut of the new administration led by O. Busayo and Toheed Rahmon heading the executive and legislative arms of the association respectively seems to be a controversy, a bad omen that can be corrected. I only fear that if care is not taken, there may be gross disrect for law/the constitution.
If not, why should this happen in the early stage of their administration? Anyway, they still have enough time to “do well”. I expected that any executive member or honorable should be have detached the VOID judgment pasted by the former members of the judicial committee because of the resolution in the last Congress.

TO MY GOOD FRIEND AND PRESIDENT, O. Busayo (MFR): This is a new administration, everything that happen now count for or against you. Please don’t be insensitive to controversial matters. I trust you and your team will make amendment. To safeguard your administration from Committees that may want to prove too powerful than the Congress, I recommend that both the executive and NSRC demand an open apology from members of the former Judicial Committee or withdraw their certificate of recognition as members of that committee.

 I am sorry I did not do this earlier. It is mostly important but I love writing in the pyramid format. However, I congratulate the new executives and Honorables of NASELS. I also wish all Naselsites success in their examination.

FROM AND ON BEHALF OF MU’SODIQ ADEKUNLE, WRITER OF “TOLA ADEGBITE: THE WRITER LIED, DEFAMED”. Visit www.newstrawl.blogspot.com for a copy of this too.
Reach me via soddickfresher@yahoo.com or BBM PIN: 2902E8AA for News Update
NASELS MUST GROW! NASELS MUST PROGRESS!!

Written by

Sodiq Oyeleke is a Media, Human Resources, Project Management and Public Relations Practitioner

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