CHAPTER I IDENTITY
To create a culture of cycling lifestyle amongst the citizenry and sensitizing a partnership between Government and Private Sector to provide the basic infrastructure for safe riding on our roads.
To encourage mass participation in Cycling and make it a veritable means of transportation, recreation, wellbeing and livelihood in a safe environment.
Article 1 Definitions and interpretations
1. When used herein, unless the context specifically and explicitly requires otherwise the following terms shall have the meanings ascribed to them hereunder:
UCI - Union Cycliste Internationale (World Governing Body for Cycling)
CFN - Cycling Federation of Nigeria
NOC - Nigeria Olympic Committee
CAC - African Cycling Confederation
WADA - World Anti-Doping Agency
WACA – West Africa Cycling Union
NAPHERSD - Nigeria Association for Physical, Health Education, Recreation, Sport andDance.
2. “Articles” means and refers to these Articles of this Constitution and ‘Article’ when followed by a number refers to the specific Article of these Articles which are divided into clauses, sub clauses and paragraphs.
3. “Committee” means the Committee of the Federation as from time to time constituted under the Constitution and Bye-Laws.
4. General Meeting means Extraordinary Meetings and Annual General Meetings
5. “ Bye-Laws”means any Bye-Law of the Federation from time to time in force.
6. “The Federation” or “CFN” means Cycling Federation of Nigeria
7. “Meeting” means Committee, Extraordinary General and Annual General Meetings.
8. Words including the singular shall include the plural and vice-versa and words importing one gender shall include all genders; the word “person” includes bodies, corporate, companies, partnerships, individuals, syndicates, trusts, local and foreign authorities and any association of persons whether or not a separate legal entity; and the word “individual” means a natural person;
9. The headings and sub-headings are inserted for convenience only and shall not affect the construction or interpretation of these presents;
10. Words or expressions which have a special meaning assigned to them in the provisions of any relevant Act or legislation shall if not consistent with the subject or context have the same meaning in these presents;
11. References to any statutory provisions are to be construed as references to that Statutory provision as amended supplemented re-enacted or replaced from time to time (whether before or after the date of these presents) and are to include any orders regulations instruments or other subordinated legislation made under or deriving validity from that statutory provision
Article 2 Name and registered office
1. The name of the Federation is Cycling Federation of Nigeria (“CFN”)
2. CFN is a non-governmental and non-political national body with a non-profit-making purpose of national interest, having legal personality pursuant to the national law in force.
3. CFN is affiliated to the Union Cycliste Internationale (UCI), Africa Cycling Confederation (CAC) and the West Africa Cycling Association (WACA).
4. It shall have its headquarters at the Federal Capital of Nigeria (Abuja) and only the General Assembly shall have the right to transfer the registered office to another address/state as it may become expedient
Article 3 The Aims and Objectives of CFN are:
1. to administer, develop, regulate, control and discipline cycling under all forms at the national level;
2. to promote cycling sports and cycling education in Nigeria at all levels;
3. to encourage friendship between all members of the Cycling Federation;
4. to promote sportsmanship and fair play;
5. to represent the sport of cycling and defend its interests before the National Olympic Committeeand all national authorities;
6. to promote gender-parity and equity in all aspects of cycling;
7. to promote all disciplines of cycling including Para-cycling;
8. to advocate for the safety and rights of cyclists ;
9. to cooperate with the Nigeria Olympic Committee as regards the participation of cyclists in the Olympic Games.
10. to provide and maintain the highest standard of cycling,coaching, managing,training and officiating in Nigeria.
11. to compile and maintain the rules and regulations governing cycling sport in Nigeria in accordance with the UCI statutes and bye laws;
12. to provide all athletes, coaches, managers, trainers, officials and other representatives a voice in the UCI , CAC, WACA, the Federation being the sole representative of these bodies.
13. to ensure the representation of Nigeria by the best available athletes in cycling sport, both at regional and international competitions.
14. to enforce the Doping Control Regulations of the UCI and WACA.
15. to undertake any other object aimed at complementing, promoting and supplementing the aims and objectives and vision of CFN.
16. to promote any other educational, charitable and scientific purpose and in particular the furtherance of health and the relief of poverty, distress and sickness.
Article 4 Principles
1. CFN will carry out its activities in compliance with the principles of:
a) equality between all the members and all the athletes, licence-holders and officials, without racial, political, religious or other discrimination;
b) non-interference in the internal affairs of affiliated Association;
c) compliance with the Nigeria Olympic Committee in everything to do with the participation of cyclists in the Olympic Games;
d) the non-profit-making purpose: the financial resources shall be used only to pursue the purposes set forth in this Constitution.
2. CFN undertakes to incorporate the regulations of the UCI in its regulations, without protest or discussion. In case of divergence between the regulations of CFN and the UCI Constitution and Regulations, the latter shall apply.
3. CFN undertakes to abide by and comply with the Constitution and Regulations of the UCI, as well as with all decisions taken in accordance therewith. Likewise, CFN shall have the Constitution, Regulations and decisions of the UCI complied with by all persons concerned, including its members.
4. CFN will manage its internal affairs with total independence and ensure that no third party interferes in its operations. CFN will remain autonomous and devoid of political, religious and financial pressure which may infringe on its commitment to the development of cycling in Nigeria.
5. Government and other public authorities are not allowed to appoint members of the General
6. Assembly or the governing body of the Federation except the appointment of statutory members of the Federation.
CHAPTER II MEMBERS
Article 5 Members
1) The members of CFN shall comprise Cycling Associations of all States of Nigeria which have governing body controlling cycling. Only one Association in each State shall be recognized by CFN.
2) The State Associations shall consist of affiliated clubs, armed forces and other service teams, schools and institutions in that State. Membership of the Clubs shall be open to all interested persons that wish to practice or contribute to the development of cycling sport.
Article 6 Member association
Every member of CFN shall hereinafter be referred to as a “member association”. Every prospective candidate to the membership shall be referred to as an “applicant association”.
Article 7 Member Association’s rights and obligations
1. Rights: Subject to any other provisions in this Constitution to the contrary, the member associations have the following rights:
a) to take part in the General Assembly;
b) to draw up proposals for inclusion in the agenda of the General Assembly;
c) to exercise their voting rights during the General Assembly;
d) to take part in competitions and other activities organized by the CFN;
e) to exercise all other rights and privileges as the General Assembly may from time to time specifies;
2. Obligations: The following obligations apply to the member association:
a) as members, the member associations shall comply with the Constitution and Regulations of the UCI, as well as with all decisions taken in accordance therewith. Likewise, they shall have the Constitution, Regulations and decisions of the UCI complied with by all persons concerned.
b) the Regulations of the UCI shall be incorporated in the corresponding regulations of the member associations.
c) the constitution and regulations of the member associations shall not run counter to the Constitution and Regulations of CFN. In case of divergence, only the Constitution and Regulations of CFN shall apply, to the extent the said regulations comply with those of the UCI.
d) the foregoing paragraphs shall be applied in observance of the mandatory legal provisions in force in the Nigeria or in the State of the member Association concerned.
e) All affiliated member associations shall pay an annual subscription fee.This is however subject to review by the General Assembly from time to time
.Article 8 Application for membership
1. The application for membership shall be signed by the statutory representatives of the applicant assocation and sent to the registered office of the CFN.
2. The application must be accompanied by a file containing the following elements:
a) a formal statement that the applicant association, on the condition of its admission, shall accept, apply and comply with the Constitution and Regulations of CFN, and adapt its own bye-law and regulations accordingly;
b) the text of the bye-law and all regulations of the applicant association;
c) a detailed report on the structures and activities in the cycling sport of the state concerned;
d) the composition of the governing body;
e) the official address for correspondence, inclusive of a valid e-mail address.
f) the identity of persons empowered to sign correspondence;
3. The member associations shall inform CFN about every amendment in the data/information referred to in points b, d, e and f of Article 8 (2) above within one month from the date of variation.
Article 9 Application’s review
Applications for membership shall be reviewed by the governing body of CFN. Before submitting them to the General Assembly, the governing body may request additional information and ask the applicant association to alter its structures or regulations to bring them in line with the principles and regulations of CFN and of the UCI.
Article 10 Procedure for admission
If the application for membership is judged complete and in conformity with the requirements, the governing body shall inform the member associations and place the application for admission in the agenda of the next General Assembly
Article 11 Admission by the General Assembly
1. The General Assembly shall decide on the admission before voting on any other item of the agenda, with the exception of a vote on the expulsion of a member association.
2. An applicant association may make a presentation before the General Assembly. Its delegates must leave the room when the application is being reviewed and the vote taken.
3. If the application is accepted, the delegates of the new member association shall be authorized to take part in the deliberations of the General Assembly immediately.
Article 12 Recognition and contacts
Except in the case of prior consent of the governing body, member Associations and their affiliates shall take part only in cycling activities organized by one of them, by the CFN or by the UCI or a Continental Confederation. No member Association shall take part in activities organized either by a suspended member association or any unauthorized organization.
Article 13 Prohibition to join competing association
A member association which joins a competing union or association, or a body declared as such by the governing body or the General Assembly, shall be automatically suspended if it refuses to forsake this other membership within the month of the notice to that effect being served by the governing body.
Article 14 Membership contribution
Each member association shall pay an annual membership contribution, the amount of which shall be fixed by the General Assembly on a proposal of the governing body.
Article 15 Payment of first contribution
1. The first contribution is due for the calendar year during which the Association is admitted by the General Assembly.
2. Nevertheless, a newly admitted member associations may request that its membership takes effect on 1 January after admission by the General Assembly. In such a case, Article 15.1 shall not apply.
Article 16 Suspension
1. The suspension of a member association entails the following measures in particular:
a) non-participation in the General Assembly;
b) inadmissibility of the nominations of its affiliates for elections;
c) suspension of the representatives of the member Association in CFN committees;
d) deletion or non-registration of its races in the national calendar;
2. The governing body may nonetheless decide, in the interest of third parties in particular, that certain measures will not be applied in such cases or for the period it shall determine.
Article 17 Exclusion
1. A member association may be excluded by the General Assembly in the following cases:
a) When the member association is under suspension during the General Assembly;
b) When the member association discredits the national and/or international reputation of cycling sport.
c) When the member association repeatedly fails to fulfill its financial obligations towards the CFN;
d) When the member association seriously violates the Constitution, regulations or decisions of the CFN.
2. The decision to exclude a member Association requires a majority of two thirds of the votescast at the General Assembly.
3. The General Assembly shall decide on the expulsion before voting on any other point on the agenda.
Article 18 Right to be heard
The member association shall be given the opportunity to be heard before a sanction is imposed on it.
Article 19 Resignation
A member association wishing to leave CFN shall send a letter of resignation by registered post with acknowledgement of receipt to the registered office of CFN
Article 20 No claim for reimbursement or damages
1. Under no circumstance will a member Association be entitled to reimbursement of its membership contributions.
2. The member Associations shall claim no damages for decisions taken by the authorities of CFN concerning them, except in case of abuse or breach of the law.
CHAPTER III GENERAL ASSEMBLY
Article 21 Definition of the General Assembly
The General Assembly consists of two (2) representatives of each member Association and members of the Governing body of CFN. The General Assembly forms the highest Cycling Authority in Nigeria.
Article 22 Statutory or Extraordinary General Assembly
1. The General Assembly shall be held annually. All General Meetings other than the Annual General Meeting shall be called Extra-Ordinary General Meeting
2. The General Assembly can only validly deliberate if at least 1/3 of the members are present.
3. The governing body may convene an extraordinary General Assembly at any time. The governing body must convene an extraordinary General Assembly within two months of a request submitted to the govening body in writing by one fifth of the member associations, stating the reasons and the agenda.
4. The date and venue of each General Assembly shall be specified by the governing body.
5. For matters that require the voting of the General Assembly, electronic voting system via e-mail can be used. Modalities will be defined and approved two weeks before such voting.
Article 23 Powers and duties of the General Assembly
1. The General Assembly shall have the following exclusive powers and duties:
a) Alteration of the Constitution and dissolution of the Association;
b) Admission, expulsion and suspension of member associations, without prejudice to Article 39, d;
c) Setting the annual amount of contributions on a proposal from the governing body;
d) Election of the President of CFN and 20 other members of the governing body;
e) Impeach the members of the governing body of CFN including the President;
f) Appointment of the external auditor, on a proposal from the governing body and his dismissal;
g) Apart from the offices stipulated in this Constitution, the General Assembly may create any other office and a proposal from the Governing body.
2. In addition, the General Assembly shall each year decide on:
a) the management report of the governing body;
b) the auditor's report on the accounts;
c) the annual accounts of the previous year;
d) the budget for the following year.
Article 24 Convening of the General Assembly
1. Notices convening the general assembly shall be sent to the member associations at least sixty (60) days before the date of the General Assembly. The notices shall indicate the date, the time, and the place of the general assembly as well as the agenda. Should the case arise, they will be accompanied by the full text of any proposals to amend the Constitution and the list of the candidates for the presidency and the governing body.
2. Notices convening the statutory meeting of the general assembly shall be accompanied by:
a) the report of the governing body;
b) the accounts and the budget;
c) the auditor’s report.
3. The governing body must convene an extraordinary General Assembly within two months of a request submitted to the govening body in writing by one fifth of the member associations. Any requisition made by a member Association must state the objective of the meeting proposed to be called and must be signed by the requisitionists and delivered to the Secretary General.
4. The accidental omission to give notice to any member Association entitled under these provisions or the non-receipt by a member Association of any such notice, shall not invalidate the proceedings at that meeting.
5. In the absence of the President, the Vice President in order of precedence shall preside as Chairman at every General Meeting.
6. At any General Meeting, unless a poll is demanded by the Chairman or by at least one third of the members personally present, a declaration by the Chairman that a Resolution has or has not been carried shall be conclusive evidence of that fact.
Article 25 Agenda of the General Assembly
1. The agenda of the General Assembly shall be drawn up by the governing body.
2. A member Association wishing to include one or more items in the agenda of the general assembly, or to put a question to the govering body, shall submit its draft proposals stating the reasons on which they are based or the text of its question, in English, to the registered office of CFN at least thirty (30) days before the date of the general assembly.
3. With the exception of alterations to the Constitution, any question not on the agenda of the General Assembly can be added to be discussed and voted on by the General Assembly at the request of majority of the member Associations.
4. Except in cases where Article 25 (3) applies, no vote shall be taken on any question which is not on the agenda.
Article 26 Delegates to the General Assembly
1. Each member Association and the applicant association whose membership is on the agenda may be represented at the General Assembly by a delegation of not more than two persons.
2. Delegates must be at least 30 years old, a member of their (member or applicant) association, and duly commissioned by said member association.
3. Members of CFN's staff may not be appointed as delegates to the General Assembly.
4. At least fifteen days before the General Assembly, the member associations shall submit to the registered office of CFN, the exact composition of their delegation, identifying the head of the delegation. In the absence of the head of the delegation, the other delegate is deemed to be the head of the delegation.
5. The identity of the members of each delegation shall be registered at the opening of the General Assembly by the Secretariat of the Governing Board. Once admitted by this procedure, members of delegations may not be replaced during the General Assembly.
Article 27 Opening to the public
Unless otherwise decided by the General Assembly, the General Assembly of CFN shall be public.
Article 28 Chair and quorum of the General Assembly
1. The President of CFN shall open and chair the General Assembly. He shall read the agenda and conduct the discussions and voting operations.
2. He may request the assistance of the members of the governing body.
3. The quorum will be established as 1/3 of the total members present
Article 29 Discussions on agenda
1. Before proceeding to vote on the items of the agenda, the members of each delegation of the member associations may address the General Assembly and speak freely on the item put to vote.
2. The President shall close the discussions unless the General Assembly decides otherwise.
Article 30 Voting delegates
All the member Associations have an equal voting right. Each member Association shall have one vote. Member Associations shall exercise their voting rights through the agency of its head of delegation.
Article 31 Identity of voting delegates
1. The identity of voting delegates at a General Assembly must be communicated to the Secretariat of CFN.
2. A voting delegate may not vote as a proxy for another voting delegate.
Article 32 Requisite majority for decisions
1. All proposals which fail to obtain the two thirds of the votes cast shall be rejected. In case of a tie, the proposal shall be rejected.
2. If the voting pertains to more than two possibilities, none of which obtained absolute majority, a second round of voting shall be organized on the two possibilities with the best score in the first round.
3. A majority of two thirds of the votes cast shall be required in the following cases:
a) expulsion of a member association
b) dissolution of CFN;
c) amendment of the Constitution.
4. Abstentions and null and void votes do not count.
Article 33 Requisite majority for elections
1. In the case of elections, each voter shall vote for as many candidates as there are vacancies. All other votes shall be null and void.
2. The candidates who obtain the largest number of votes shall be elected. In case of an equality of votes for the last position available, a runoff election of the tied candidates will be conducted by relative majority. In such a case, votes shall be cast for one candidate only, under penalty of the vote being declared void.
3. If the election is for only one vacancy, the candidate who receives two third of votes shall be elected. If necessary, a second round of voting shall be organized between the two candidates who received the highest number of votes in the first round.
4. If there is only one candidate for a position.
Article 34 System of voting
1. Voting is by a show of hands, or if requested by a voting delegate, by roll call.
2. Nevertheless, voting by secret ballot shall be used:
a) for the admission, suspension and expulsion of the member Associations;
b) for the election and impeachment of the President and the members of the governing body;
c) at the request of one fifth of the voting delegates.
3. Electronic voting may be permitted.
Article 35 Amendments to the agenda
1. All amendments of the items on the agenda must be made in writing, at the registered office of CFN, at least thirty days before the date of the General Assembly. The text of the amendments shall be distributed at the beginning of the General Assembly at the latest.
2. The voting shall pertain first to the amendments, beginning by the last one, then on any amended proposal.
3. In order to minimize cost/time, increase participation and enhance efficiency, e-voting can be utilized (either via e-mail or on line voting) adopting an international transparent and standard system
Article 36 Minutes
1. Minutes shall be taken at every General Assembly of CFN.
2. The minutes shall be drawn up during the session by the Secretary General or by the person appointed by the President of the CFN for that purpose.
3. The minutes shall be drawn up in the official language of English.
4. The minutes shall be sent to the State Associations.
Article 37 Effective dates of decision
Unless otherwise decided by the General Assembly, the decisions of the General Assembly shall be effective immediately.
CHAPTER IV GOVERNING BODY
Article 38 Role
1. CFN shall be managed by its governing body under the authority of the General Assembly.
2. The governing body shall be vested with the most extensive powers as regards the managementz of CFN. It shall decide all matters not otherwise reserved to another policy body by this Constitution.
3. The governing body shall oversee the smooth administration of the CFN and shall take such steps as it deems expedient, in order to fulfil the mission and objectives of the Federation as contained in this Constitution.
Article 39 Powers
1. Without prejudice to Article 38, the governing body shall, in particular:
a) fix the date and venue of the meeting of the general assembly;
b) convene and be responsible for organizing the general assembly;
c) execute the decisions of the General Assembly;
d) declare the suspension of member Associations, to be approved at the next General Assembly, in serious and urgent cases;
e) propose the nomination of the auditor to the General Assembly;
f) propose the amount of annual contribution to the General Assembly;
g) prepare the budgets and the annual accounts to be submitted to the General Assembly;
h) decide on contracts to be signed with third parties;
i) engage staff;
j) lay down its own Rules of Procedure;
k) adopt the UCI regulations;
l) set up and appoint the members of committees necessary for the proper functioning of the Federation;
m) set up and appoint members of judicial bodies with the exception of those of the Ethics Commission, who are elected by the general assembly;
n) set the venue for the national championships and award their organization;
o) ensure that the Constitution is applied and adopt the executive arrangements required for its application.
p) the governing body shall ensure that Minutes of all proceedings of General Assembly and all meetings of the governing body as well as all meeting of Committees are kept and secured.
q) the governing body shall provide for a Seal of the CFN and shall provide for its safe custody. The Seal shall be applied to any instrument by the authority of a Resolution of the governing body and shall be signed by such member or members as authorized by the governing body
r) the elected representative of the six geo-political zones are in charge of the coordination and supervision of all cycling activities in such regions and must send a quarterly report to the Governing Board. The six political zones are: North-West, North-East, North-Central, South-West, South-East, and South-South.
2. Infringements to the regulations and decisions shall be sanctioned in accordance with the regulations and procedures laid down by the governing body.
The following sanctions may be applied:
e) final exclusion
f) exclusion from one or more specific events
g) disqualification from a race
i) penalties in time and/or points
j) withdrawal of prizes.
Article 40 Composition
The governing body shall be composed of twenty (20) members.
The President, Vice President, Secretary General and Treasurer shall be elected at the General Assembly.The remaining four (4) are the co-opted members which shall be proposed by the President and approved by the board.The governing body will have a tenure of 4 years from the date of inauguration. The members of the governing body shall consist of the following:
1. Two most senior Nigerian members of international cycling bodies
2. One representative from each of the six geo-political zones in Nigeria.
3. One Representative from NAPHERSD
4. One representative from the Nigerian Armed Forces, Police or Paramilitary
5. One representative from Nigeria Association of Women in Sport
6. One representative of Coaches Association
7. One representative of Commissaries Association
8. One representative of Athletes
9. One representative of Sponsors
10. One representative of Media
11. A maximum of 4 co-opted members
Article 41 Elections and term
1. Except in case of succession, the President, the Vice President,the Secretary General, Treasurer and the representatives of the six geo-political zones are elected at the same General Assembly. All other representatives will be elected in separate elections within their own groups/constuitencies.
2. The term of office of the governing body and of the President shall commence immediately after the official inauguration.
3. The governing body shall be renewed every four years. Outgoing members shall be eligible for reelection.
4. For a candidate to be eligible for membership of the Board of CFN, he/she shall:
i) hold an educational qualification not below the West African School Certificate (WASC) or its equivalent;
ii) not be less than thirty (30) and not more than eighty (80) years of age as at the date of the election, except in the case of Athletes’ Representative who may be below 30 but not less than 21 years of age as at the time of the election. Athletes’ representative shall in addition be an active athlete or have retired not more than four years prior to the election. Such athlete must have also represented Nigeria in at least two major international competitions
and with no drug related infraction.
iii) have a clear understanding of the Federation’s responsibilities, values and norms;
iv) not have been convicted of any crime within or outside Nigeria;
v) be a confirmed citizen of the Federal Republic of Nigeria to contest for the post of President;
vi) have a verifiable source of income;
vii) not be a member of any other sport Bodies
viii) have a manifesto detailing the vision and plan as well as the strategies for the attainment of such plan towards the upliftment and advancement of the sport. The manifesto shall be made available to all electorates at least twenty-four (24) hours prior to the elections.
ix) shall not be occupying the position of president or vice-president of an International sports body.
5. Electoral Committees
i.) The CFN shall set up a National Electoral Committee of not more than 5 members to conduct the National Election. The members of the Board of CFN as presently constituted shall not serve as member of the Electoral Committee.
ii) The CFN shall constitute an electoral committee in each geo-political zone of Nigeria to conduct the Zonal election.
6. Functions of the Electoral Committee
The Electoral Committees shall:
i) Supervise all elections in line with the Election Guidelines;
ii) Announce/declare results immediately after the elections; and
iii) Reserve the right to postpone/cancel any election/s if there is proof of violation of any part of the Election Guidelines.
7. Conduct of Election
i) All voting shall be by secret ballot;
ii) There shall be no voting by proxy at any of the elections (Zonal and National).
iii) No candidate shall be voted for in absentia.
iv) All Zonal elections shall hold simultaneously.
v) The Chairman or a Representative of State Sports Associations in each Zone shall constitute
the electorate for the zonal elections in their respective sports.
vi) The Board Members Designate from the different constituencies and the Chairmen or Representatives of member Associations shall form the electorates at the National level.
vii) All elections shall take place at designated venues by the governing Board.
viii) For an election to be valid, not less than two-third (2/3) of the total number of the electorate must be present and vote.
ix) Winners shall be decided by a simple majority of the votes cast.
x) In the case of a tie (draw), there shall immediately be another round of voting until a winner emerges;
xi) Three (3) nominations shall be allowed for each position, which must be seconded by a member of the electorate;
xii) All contestants must sign an undertaking to abide by this Guideline and accept the decision/s of the Electoral Committee.
8. Declaration of Result
i) The Chairman of an Electoral Committee shall announce the results of Election immediately after the conclusion of the elections.
ii) Electronic and hard copies of the results of Elections at the Zonal level shall be communicated to the Chairman of Electoral Committee immediately after the conclusion of the elections.
9. Petitions and Appeals
i) In the case of dissatisfaction with any aspect of the conduct and/or result of the elections, a candidate may seek redress by submitting a written Petition to an Elections Petition Committee which shall be set up by the CFN Board.
ii) Such petition shall be in writing and addressed to the Chairman of the petition Committee, to reach him/her not later than 48 hours after the announcement of the results of the election against which he/she is appealing.
iii) Appellants who are not satisfied with the decision of the Electoral Petition Committee shall appeal against such decision to the Court of Arbitration for Sports (CAS) with the applicable fees.
iv) The decision of the Court of Arbitration for Sports shall be final, and not subject to contest in any court of law;
v) In the event of the nullification of an election result arising from the decision of the Petition or Appeal Committee, there shall be a bye-election within one (1) week of the decision.
vi) In the principle of fairness and transparency, the Chairman and members of the Electoral Committee shall not serve on either the Election Petitions Committee or on the Appeal Committee.
The elected Boards of the CFN shall be inaugurated not later than four (4) weeks from the conclusion of elections
Article 42 President and Vice President
1. The President of CFN shall preside at meetings of the Executive Committee, the Governing Board and the General Assembly and performs duties required by these Bylaws, and such other duties that ordinarily pertain to the office of President.
2. The Vice President shall act in the absence of or at the request of the President, at which time she/he shall have all powers and functions applicable to the President. In addition, the Vice President shall perform such functions and duties as may be specified by the Board.
Article 43 Requirements for candidacy
1. The candidates shall be presented by the member associations.
The number of elected offices shall not exceed one per member association.
2. Under penalty of inadmissibility, the nominations must be written in English and deposited at the registered office of CFN ninety days prior to the date of the General Assembly.
3. If there is not a sufficient number of candidates, new nominations may be introduced during the session of the General Assembly.
Article 44 Independence and eligibility
No member of the governing board shall be interested directly or indirectly in any contract with CFN or be engaged as an employee of CFN.
Article 45 Terms of office and vacancies
1. The term of office of a member of the governing body shall come to an end by resignation , death or dismissal by the General Assembly The governing body will continue to function with the same powers as though it were complete.
The election of the successor of an elected member shall take place at the next General Assembly.
2. Resignations can be submitted with a notice period of at least ninety days, save for decision to the contrary of the governing body or of the General Assembly when the latter meets during the notice period.
Article 46 Meetings
1. The governing body shall meet at least twice a year of which one shall be on the eve of the statutory meeting of the General Assembly.
2. It shall also meet either at the request of the President, or at the request of at least a third of the member governing body each time circumstances may require. In such a case, the choice of venue shall be left at the discretion of the President. However, meetings shall take place, if
possible, on the occasion of a cycling event.
3. The President can ask for a postal/electronic vote. The decision shall be valid with a simple majority of the board members (50%+1).
Article 47 Decisions
1. To be able to deliberate validly, the governing body must have at least one-third of its members present. In no case may the members of the governing body have substitutes for themselves.
2. Any member having a personal interest in a matter submitted for deliberation must leave the session before the deliberation and is not permitted to vote. If the governing body should deliberate and decide on a disputed issue concerning a member Association, the member of the governing body who represents the member Association shall leave the session.
3. In case of an equality of votes, the President or his replacement shall have a casting vote.
4. The decision can be taken through an electronic/email voting
Article 48 Report to the General Assembly
During the General Assembly, the governing body shall report to the General Assembly. To this end, the governing body shall draw up a report, which shall be subjected to the approval of the General Assembly.
CHAPTER V EXECUTIVE COMMITTEE
Article 49 Executive committee
1. The routine and/or ordinary business of CFN shall be dealt with by the Executive Committee made up of:
The Secretary General
The Media Representative
The Technical Chairman
The Most Senior Representative of the International Body
2. In case of an equality of votes in the deliberations/decisions of the Executive Committte, the President shall have a casting vote.
3. Article 47.2 is applicable mutatis mutandi
Article 50 Cases requiring extreme urgency
In cases of extreme urgency, the President may request a voting via e-mail by the member of the
executive committee. A simple majority is required to approve the request.
CHAPTER VI PRESIDENT
Article 51 Role
The President of CFN shall chair the General Assembly, and meetings of the governing body and the Executive Committee.
Article 52 Failure to comply
The President shall cite the persons and bodies who fail to comply with the Constitution and Regulations.
Article 53 Incompatibility and vacancy
1. If the President is absent or unable to attend, he is replaced by the Vice-President.
In the event the governing body consist of more than one Vice-President with the most seniority in office or, in the event of the same seniority, the oldest in age.
2. In the event of death, resignation or dismissal of the President, the Vice-President shall fill the office of president until the next General Assembly. The General Assembly will elect the successor to complete the term of his predecessor.
CHAPTER VII EXTERNAL REPRESENTATION
Article 54 Representation
The President shall represent CFN in all circumstances, including at law, both as plaintiff and defendant, subject to the provisions of the law on legal representations by bodies registered under Part C, Companies and Allied matters Act, 1990.
Article 55 Signatories
CFN shall be validly bound to third parties by the signature of the President.
For The CFN account two signatories will be required:
Signature A: President
Signature B: Either Vice President or Treasurer
CHAPTER VIII ADMINISTRATIVE SERVICE
Article 56 Administrative service and Secretary General
1. The administration of CFN shall be placed under the direction of the President, assisted by the Secretary General.
2. The Secretary General shall be appointed by the governing body under contract on a proposal from the President, having gone through a selection process agreed with the governing body.
3. The Secretary General shall draw up the minutes of the General Assembly and the meetings of the governing body and the Executive Committee. He shall keep the Constitution and Regulations up to date and see that they are duly published and distributed.
CHAPTER IX TREASURER
Article 57 Treasurer
1. The Treasurer shall carry out his duties under the supervision of and in cooperation with the President of CFN. He shall be assisted by the Secretary General of CFN.
2. The Treasurer shall prepare the budget and draw up the annual accounts of CFN. He shall examine the financial and tax implications of all contracts entered into by CFN and shall give his opinion thereon. He shall control revenues and expenditures. He shall have the financial powers which may be delegated to him by the governing body.
Article 58 Finances
1. The financial year of CFN shall commence on 1 January and close on 31 December.
2. The Financial activities of CFN shall be based on sound financial ethics and standard principles with strict adherence to sound internal control and due process.
3. The sources of fund of CFN shall be from the contributions of the member associations, the contributions or fees of licence-holders, sponsors and the fund/royalties generated from cycling and other sporting activities.
CHAPTER X FINANCIAL CONTROL
Article 59 External Auditor
1. The auditor shall audit the accounts of CFN, and draw up a relevant report to be submitted to the General Assembly.
2. An Auditor who shall not be a member of CFN shall be appointed at the meeting of the General Assembly on the recommendation of the Governing body and the Auditor shall hold office for two years subject to renewal for a further period by the general assembly.
The Auditor so appointed shall:
(a) Be an independent and well-known company auditor.
(b) Be responsible for auditing all the accounts of CFN as at when due.
(c) Draw up and submit all relevant report(s) of the audit to the General Assembly
(d) Be entitled to demand and receive any relevant document from the Accountant and or any other officer/member for the purpose of auditing.
CHAPTER XI ARBITRATION
Article 60 Arbitration
Any decision made by the final dispute resolution authority within the CFN shall be submitted exclusively by way of appeal, to the Council of Arbitration and Dispute Resolution for Sports (CADRES, Nigeria). which will resolve the dispute definitively, in accordance with its Rules of sports-related arbitration. The time limit for appeals is 14 days after the receipt of the decision concerning the appeal.
CHAPTER XII OFFICIAL LANGUAGE
Article 61 Official language
The official language of CFN is English.
Article 62 Regulations and documents
The Constitution, Regulations and Minutes, as well as all documents submitted to the General Assembly shall be drawn up in this language.
Article 63 Correspondence and meetings
All documents or letters addressed to CFN must be in English Language and to the President or any other designated officer of CFN.
Article 64 TRUSTEES
1. The Trustees of CFN for the purpose of the Companies and Allied Matters Act No. 1 of 1990 Part “C” shall be appointed at the meeting of the General Assembly of CFN.
2. The quorum for the Meeting for the appointment of the Trustees shall be formed by 1/3 of members of the General Assembly.
3. Such Trustees shall be Seven (7) in number and shall be known as “THE REGISTERED TRUSTEES OF CYCLING FEDERATION OF NIGERIA
A Trustee may hold office for life but shall cease to hold office if he/she:
a) Resigns his office
b) Ceases to be a member of CFN
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 removal by two-third (⅔) majority votes of members present at a Meeting of the General Assembly
g) Ceases to reside in Nigeria.
Upon a vacancy occurring in the number of Trustees, a meeting of the General Assembly will be held to appoint another eligible member of CFN to fill the vacancy.
The Trustees shall apply to the Corporate Affairs Commission for a certificate of incorporation under the Companies and Allied Matters Act, No. 1, 1990 part C.
If such certificate is granted the Trustees shall have power to accept and hold in trust all lands belonging to CFN and to acquire land on behalf of CFN subject to such conditions as the Corporate Affairs Commission may impose.
7. COMMON SEAL
a. The Trustees shall have a Common Seal which shall be kept in the custody of the Chairman of the Board of Trustees who shall produce it when required for use by the Trustees.
b. All documents to be executed shall be signed by any two members of the Board of Trustees and sealed with the common seal, one of who shall be the Chairman.
c. The Board of Trustees shall have the powers to fix, determine, negotiate and draw up the terms and conditions of employment applicable to all categories of salaried employees of CFN and also the rules governing the engagement of any service provider to CFN
CHAPTER XIII SYMBOLS, LOGOS, DISTINCTIONS
Article 65 Symbols and logos
1. The flag of the CFN is green, black and red.
2. The CFN insignia shall have such official insignia as the General Assembly may from time to time decide. The official logo of the CFN shall be that which is affixed to this document.
3. The flag, the colours arranged thereon, the logo and its reproduction, as well as the name “Cycling Federation of Nigeria” and the abbreviation “CFN” are the property of the CFN and may not be used without its consent.
Article 66 Honorary title
Upon proposal of the Governing Board the General Assembly may confer the title of Honorary President, Vice-President or member on someone for meritorious service to CFN and or cycling.
Article 67 Other disctinctions
The Governing Board may create and confer other distinctions/honour
CHAPTER XIV AFFILIATION
Article 68 Affiliation
The CFN shall be an affiliated member of the Union Cycliste Internationale (UCI), the African Cycling Confederation (CAC), West Africa Cycling Association (WACA) and shall be the sole representative of the Nigerian Federation to these bodies and all other bodies affiliated with and recognized by CFN.The CFN shall maintain liaison and affiliation with the NOC , Federal Ministry of Youth and Sports and any other relevant national, regional or international organisation of mutual interest.
ARTICLE 69: AMENDMENT
1. This constitution may be amended by CFN. The amendment shall be by the General Assembly at any of its meeting by not less than 2/3 of members present. Any amendment shall be upon the recommendation of the Board of Trustees and subject to the approval of the Corporate Affairs Commission. Any proposed amendment must have been read three times in the meeting where the amendment is sought to be made and subject to the prior approval of Corporate Affairs Commission.
2. The Chairman, Board of Trustees shall make the said draft amendment available to all eligible members of the General Assembly at least one week prior to the commencement of the meeting of the General Assembly.
ARTICLE 70: GENERAL
1. The Chairman, Board of Trustees shall determine all questions of interpretation arising from or under these Rules and his decision shall be final.
2. All references to CFN shall mean CYCLING FEDERATION OF NIGERIA.
3. MEETING PLACES AND MEDIUM
a) All meetings of the Board of Trustees, General Assembly, Governing Body, Executive Committee and any other Organ shall be held at the principal office of CFN or such other place(s) as the Board of Trustees may designate.
b) The Board of Trustees, General Assembly, Governing Body, Executive Committee or anyother organ of CFN may hold meetings by means of a conference - telephone, video or similar communications or digital equipment by means of which all persons participating in the meeting can hear each other at the same time. Participation by such means shall constitute presence in person at a meeting.
c) If a quorum is not present at a meeting, a majority of the members of the Meeting present may adjourn the meeting from time to time without further notice.
d) Any action which could be taken at a meeting of the Board of Trustees, may be taken without a meeting if a consent in the form of a record, which consent clearly sets forth the action to be taken, is executed by all members of the Board of Trustees. Any such record shall be inserted in the minutes book as if it were the minutes of the meeting of the Board of Trustees.
Notice may be by personal communication, an electronic transmission or by posting the notice on an electronic network and delivering to such Officers/Members a separate record of the posting, together with comprehensible instructions regarding how to obtain access to the posting on the electronic network not less than 7 days before the meeting.
These Rules shall be cited as the constitution of CYCLING FEDERATION OF NIGERIA
CHAPTER XV DISSOLUTION
Article 71 Decision
1. CFN shall be established for an indefinite period.
2. The issue of its dissolution shall be decided only by an extraordinary General Assembly.
3. The governing body shall convene the extraordinary General Assembly to deliberate on the possible dissolution of CFN, either at the written request of at least one fifth of the members or pursuant to a decision taken from among its members by a majority of two thirds of the votes.
4. The General Assembly must represent at least two thirds of the voting delegates at the time of the voting. Dissolution shall be decided by a majority of two thirds of the votes cast.
5. The General Assembly shall decide on the dissolution of CFN and shall appoint one or more liquidators. Otherwise, the liquidation shall be entrusted to the governing body.
6. At the end of the liquidation process, the liquidators shall give account to General Assembly which shall declare the liquidation closed.
CHAPTER XVI BYE LAWS.
ARTICLE 72 Code of conduct.
The purpose of the Code of Conduct is to describe the type of behaviors which Cycling Federation of Nigeria is seeking to promote and encourage it's members and supporters to adopt.
The Code shall govern the conduct of all Cyclists, Coaches, Commissaires, mechanics Staff of the Federation and all other officials associated with cycling in Nigeria.
The Code for the various persons involved with Cycling in Nigeria is borne out of the desire of CFN to:
1. operate in an environment where people show respect for others.
2. operate in an environment that is free from harassment
3. operate in a non discriminatory environment
4. Respect the right, dignity and word of every human being
Article 73 Code of conduct for cyclists
1. All cyclists who are bond by this code shall act in a manner which is comparable in the interest of the federation
2. Accord people involve in cycling with the appropriate courtesy, respect and regard for their rights and obligation
3. Treat people property with respect and due consideration of it's value
4. Show a positive commitment to the federation policies, and abide by the rules, procedures, guidelines of the federation
5. Respect the laws, rules and regulations of the sports
6. Observe and comply with the Anti- Doping rules as set out in the Doping policies
These following are examples of unacceptable behavior that are inimical to the development of cycling and the federation:
a. Sledge other cyclists
b. Excessive use of alcohol in a way that becomes a public nuisance or creating a public disturbance
c. Damaging another person property or depriving them of that property
d. The use or encouragement of the use of banned substances
e. any form of harassment
Article 74 Conduct for coaches
All Coaches involved in the Coaching of Cyclists at any level shall:
1. Have the knowledge and preparation to lead their teams within the code of conduct outlined in the national standards for sport coaches.
2. Take responsibility for cyclists well being and development
3. Accept the reality that they serve as role models ; as such their actions must live up to their words.
4. Provide a physically and emotionally safe environment for cyclists during practice ,as well as competition .
5. Exemplify ethical behaviors, including honesty, integrity, fair play and sportsmanship. These are life long lesson that take precedence emphasis on winning.
6. Maintain a professional demeanor in their relationship with cyclists , officials, colleagues, administrators and the community .
7. Coaches recognize the power and influence of their position with respect to cyclists, therefore coaches are careful to avoid and refrain from exhibiting behaviors that could develop Into interpersonal relationship ,or even create the perception of intimacy or the desire for intimacy with cyclists.
8. Coaches refrain from direct physical contacts with players, that could be construed as sexual in nature, work toward the best interest of their cyclists avoiding situations that could create conflicts of interest or could exploit any cyclist.
9. Commit themselves to their cyclists academic achievements.
10. Discourage the use of performance enhancing substance and dietary supplement. Coaches also should encourage cyclists, in conjunction with their families to seek the advise of qualified medical professional regarding performance enhancing substance.
11. Prohibit the use of alcohol, tobacco and any illegal or recreational drug.
12. Be knowledgeable about nutrition, hydration, safe and healthy weight loss or gain and healthy eating behaviors. When a situation exceed a coach's scope professional for the most current and accurate information.
13. Practice safe training and conditioning techniques that are current.
14. Agree to uphold the progressive coaching principles found within the cycling federation development Module
15. Exhibit sound injury and risk management practices.
16. Demonstrate an understanding of their cyclists growth and development stages.
17. Encourage cyclists to adopt a physical active lifestyles.
18. Place cyclists need and interest before own.
19. Remember that competition should be healthy and enjoyable.
20. Seek to learn the latest coaching, officiating and administrative practices that take into account the principles of growth and development of the cyclist
21. Agree to abide by all the applicable CFN, CAC, UCI and WACA constitutions, rules and regulations including the safety sports policies
Article 75 Code of conduct for other officials
All officials involved in the sport of Cycling shall:
1. Conduct him/her self in a dignified manner relating to emotions, language, attitude and actions
2. Act at all times to protect the principles of fun, safety and development of all cyclists
3. Demonstrate respect for the ability of opponents as well as for the judgements of commissaire, officials and coaches
4. Display control and professionalism at all times under any circumstances
5. Respect the right, dignity and worth of every person, including opponents, coaches, officials, administrators, parents, cyclists and spectators
6. Refrain from Physical contact with cyclists except where necessary for the development of cyclist skill or ability
7. Be aware and understand the role and influence of a coach as an educator, imparting knowledge of skills as well as proper personal, academic and social behaviors
8. Be reasonable in his/her demand on cyclist time, energy and enthusiasm
9. Provide Opportunity for all cyclists to train on the sports
10. Ensure that equipment and facilities meet safety standards and are appropriate to the level of the cyclists
11. Agree to abide by all the applicable CFN, CAC, UCI and WACA constitutions, rules and regulations including the safety sports policies
Article 76 Guidelines for NGO's
Non Governmental Organization (NGO) which are involved in the promotion and organisation of cycling event at any level in Nigeria shall fulfill the following conditions.
1. The NGO must be registered with the Corporate Affairs commission (CAC) and the cycling Federation of Nigeria.
2. It must work in accordance with CFN guidelines and Constitutions especially as it relates to the the organization of cycling activities.
3. All cycling activities undertaken by an NGO must receive the prior approval of CFN
4. All participating states, associations, clubs and other technical officials taking part in any activities of an NGO must be licensed by the Federation.
5. Any activity including races organised by an NGO or State Association that will involve more than 3 states or any team outside Nigeria must be approved by the Federation.
6. The level of security during and after the race must be known and certified by the Federation.
7. Any organized race by an NGO must be officiated by COMMISSARIES appointed by the Federation.
8. The prize money for any organized race must be vetted by the Federation.
9. The allowances for the invited technical officials must be paid directly to the designated officers.
ARTICLE 77: SPECIAL CLAUSE
1. THE INCOME AND PROPERTY OF CYCLING FEDERATION OF NIGERIA whatsoever derived shall be applied solely towards the promotion of the objectives of CFN as set forth in this RULES AND REGULATIONS/CONSTITUTION, and no portion thereof shall be paid or transferred directly or indirectly, by way of dividend, bonus, or otherwise howsoever by way of profit, to the members of CFN.
2. PROVIDED that nothing herein shall prevent the payment, in good faith, of reasonable and proper remuneration to any officer or servant of CFN in return for any service actually rendered to CFN but so that no member of the Governing Body or Council of Management shall be appointed to any salaried office of CFN or any office of CFN paid by fees; and that no remuneration or other benefit in money or monies shall be given by CFN to any member of such Council or Governing Body except repayment of out-of-pocket expenses or reasonable and proper rent for premises demised, or let to CFN provided that the provision last aforesaid shall not apply to any payment made by CFN to any company, for goods or services received and in which company such member holds not
more than one-hundredth part of the share capital, and such member shall not be bound to account for any share of profits he may receive in respect of any such payment.
3. NO ADDITION, alteration or amendment shall be made to or in the RULES AND REGULATIONS/CONSTITUTION for the time being in force, unless the same have been previously submitted to and approved by the Registrar-General, Corporate Affairs Commission.
4. In the event of a WINDING UP or dissolution of CFN, there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, shall not be paid to and distributed among the members of CFN but shall be given or transferred to some other institution or institutions, having objects similar to the objects of CFN and such body or bodies are prohibited from distributing its or their income and property amongst its or their members to an extent at least as great as it is imposed on CFN under or by virtue of the SPECIAL CLAUSE hereof, such institution or institutions to be determined by the Members of CFN at or before the time of dissolution and if, in so far as effect cannot be given to the aforesaid provisions, then to some charitable objects.