DEED OF NATIONAL MUSLIM CONFERENCE OF GHANA


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DEED OF NATIONAL MUSLIM CONFERENCE OF GHANA

ENTITLED:

THE NATIONAL MUSLIM CONFERENCE OF GHANA

A DEED of covenant to establish the National Muslim Conference of Ghana to provide a forum for deliberation and management of matters relating to Educational, Health, Financial and the General wellbeing of  Muslims in Ghana.

DATE OF ASSENT: ………………………………………June, 2021

BE IT PASSED BY the National Muslim Conference of Ghana as follows:

PART I – THE NATIONAL MUSLIM CONFERENCE OF GHANA

Section 1 – Establishment of the Conference

There is established by this Deed the National Muslim Conference of Ghana.

Section 2 – Objects of the Conference

(1)      The objects of the Conference are as follows:

  • The Conference is to provide a common platform or a forum for Muslims in Ghana to deliberate on matters of common interest in relation to Education, Health, Financial and the general wellbeing of Muslims in Ghana.
  • To provide a mouthpiece to engage government and other bodies on matters relating to Education, Health and Financial Economy of Ghanaian Muslims.
  • To undertake research on suitable educational, health and appropriate financial instruments to enhance the spiritual and material needs of Ghanaian Muslims.
  • To facilitate for the acquisition of lands and properties suitable for the  
  • Construction of Islamic educational and health facilities in Ghana.
  • To represent Muslims in the process of formulation and implementation of national policies on education, health and finance in Ghana.
  • Provide and facilitate funding of educational, health and financial infrastructure and services in Ghana.
  • Provide regulations and set standards and guidelines for the management of Islamic educational, health and financial facilities in Ghana.
  • Register with Standards Authorities, the Ghana Education Service, Ghana Health Service, the National Accreditation Board, Food and Drugs Authority and other relevant bodies for the purpose of certifying Islamic institutions and Halal products in Ghana.
  • The NMC shall progressively work towards the establishment of the Ghana Islamic Education Service, the Ghana Islamic Health Service and the Ghana Islamic Financial Service to cater for the needs of Ghanaian Muslims

(2)      For the purpose of attaining this object, the Conference shall be organised and managed on the principles of neutrality and inclusiveness as follows:

(a)      the following identifiable Muslim groups and sects in Ghana shall be Members of the National Muslim Conference of Ghana;

i.        the Tijaniya Muslim

ii.       Ahlul Sunna Wa Jamaah

iii.       the Ahmadiyya Muslim Mission

iv.       the Ghana Muslim Mission

v.       Shia muslims, and

vi.       any other Muslim body the Governing Board may admit into the Conference

( b)     The  Chairmanship of the Management Board shall be rotational for a period not exceeding one year tenure of office.

(c)      No Member of the Governing body, Chairman, member, person nor an officer of the conference acting in the name or on behalf of the Conference shall praise, eulogise or purposely make a statement that seeks to consider, suggest or construe to mean that a particular sect is above other sects.

(d)      No Member of the Governing body Chairman, member, person nor officer of the Conference acting in the name or on behalf of the Conference shall use his position or responsibility to propagate or denigrate the beliefs of any sect in the performance of his duties for the Conference.

(e)      The Conference shall not address any subject relating to Salat, Fasting, Eid and belief or values of any Islamic sect or group in Ghana.

(3)      A person who violates provisions of subsection (2) of this Section and is found guilty by the Disciplinary Committee of the Conference shall be suspended for a period of not less than one year or be dismissed.

Section 3 – Sources of Funds for the Conference

The sources of Funds for the Conference include:

  • Zakat and Sadaqa Resources of Ghanaian Muslims.
  • Grants, donations, Charity, gifts and other voluntary contributions.
  • Money that accrues to the Fund from its investments.
  • Fees and charges for issuance of Certificates or for services rendered.
  • Part of Jumua collection to be determined by the Conference.
  • Funding from Government and non-governmental organisations.
  • Other monies or property that may in any manner become lawfully payable and vested in the Conference.

Section 4 – Bank Account for the Conference

  • Monies of the Fund shall vest in the Management Board and may be managed by Trustees of an existing Islamic financial institution and shall be paid into bank accounts that shall be opened in Ghana.

Section 5 – Headquarters of the Conference

The headquarters of the Fund shall be in Accra.

PART II – GOVERNING BODY AND MANAGEMENT BOARD OF THE

       CONFERENCE

Section 6 – Governing Body of the Conference

  • The Governing Body of the Conference shall be the following:
  • The National Chief Imam as the Spiritual and Political Head
  • National Imam Al Sunnah Wa-Jamma-ah
  • National Imam of Tijania
  • The Ameer of the Ahamadiyya Muslim Mission
  • Chairman of the Ghana Muslim Mission
  • National Imam of Shia
  • The Chairman of the Muslim Caucus
  • The Chairman of the Management Board
  • Chairman of the Zakat and Sadaqa Fund of Ghana and
  • The General Secretary of the Conference
  • Management Board Of The Conference

The Management Board of the Conference shall be the following

  • The Chairman
  • One representative of the National Chief Imam
  • One representative of Tijania
  • One representative of Ahlul Sunnah
  • One representative of Ahmadiyya Muslim mission
  • One representative of Shia
  • One representative of Ghana Muslim Mission
  • One representative of the Muslim Caucus
  • One representatives of Women representing Muslim Women
  • One representative of the Muslim Medical Association of Ghana
  • One representative of Muslim lawyers association
  • One representative of tertiary educational institution
  • One representative of National Muslim Students Association
  • One representative of the Islamic Education Unit
  • One representative of an Islamic research institutions
  • Chief Executive Officer of the Zakat and Sadaqa Trust Fund of Ghana
  • The General Secretary of the Conference
  • The Management Board shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.
  • The Management Board may
  • Enter into contracts;
  • Acquire, purchase and hold movable and immovable property; and
  • Convey, assign and transfer any movable property or any interest in property vested in it.

Section 7 – Functions of the Board and Policy Directives

  • The Management Board  shall be responsible for the management of the Conference and for that purpose shall have the following powers and functions:
  • Formulate and pursue policies to achieve the objects of the Conference;
  • Collect or arrange to be collected monies lawfully due to the Conference;
  • Account for the monies and Resources of the Conference;
  • Invest some monies of the Conference in such safe securities as it may consider Halal and financially beneficial to the object of the conference;
  • Approve and pay expenditure charged on the Account of the Conference under this Deed and any other enactment;
  • Organize fund-raising activities to raise money for the object of the Conference;
  • Approve such charges and fees as it considers necessary for services rendered by the secretariat of the Conference;
  • Subject to this Deed, exercise and have in respect of the Conference the powers, duties, obligations and liabilities of trustees;
  • Make regulations for the effective management and realization of the objects of the Conference;
  • Perform any other function conferred on it under this Deed or incidental to the achievement of the object of the Conference; and
  • Cause to be submitted to the Governing Body and the Plenary of Annual Conference, the Annual Financial Statement and any other Report that may be necessary for the information of the Conference and the general Muslim populace.

Section 8 – Establishment of Proportions of Money for Levels of Education

  • There shall be established by the Board of Governors  Fund accounts in respect of the following:
  • Tertiary education
  • Second cycle-education
  • Basic Education
  • Health  and
  • Finance
  • The General Secretary of the Conference shall submit annually to the Management Board for approval an annual budget stating clearly expected income and expenditure.
  • The General Secretary shall provide for approval by the Management Board a formula for the distribution of monies to the various accounts under sub-section (1).
  • The General Secretary, in preparing the formula for the approval of Management Board shall take into consideration
  • Regional Balance;
  • The advancement of female  education;
  • The promotion of computer, vocational and technical education and training; and
  • Efficiency and fairness.

Section 9 – Standing Committees of the Management Board

  • Without prejudice to any Section of this Deed there is established by this Deed the following Standing Committees of the Conference.

(a).     The National Planning Committee of the Conference

(b)      The Finance and Audit Committee and

( c)     Disciplinary Committee

  • Legal Committee
  • Education Committee
  • Health Committee

Section 10 – Meetings of the Conference

  • The Governing Body of the Conference shall meet for the dispatch of business at a time and place determined by the National Chief Imam acting at the prompt of the Chairman and the General Secretary, but shall meet at least twice every year.
  • The Management Board of the Conference shall meet for the dispatch of business at a time and place the Chairman may determine, except that the Management Board shall meet at least once every quarter.
  • The Chairman of the Management Board of the Conference or a Committee shall upon the request of not less than five members of the Board convene a special meeting of the Board.
  • The quorum at a meeting of the Board or a committee shall be two-thirds of members in attendance and shall include the Administrator.
  • The Chairman shall preside at every Management Board meeting at which he is present and in his absence the Vice Chairman or a member of the Management Board elected by the members present from among their number shall preside.
  • Questions before the Board shall be decided by a majority of the members present and voting.
  • The person presiding at a meeting of the Management Board shall in the event of equality of votes have a second or casting vote.
  • The Management Board or a Committee may co-opt any person to act as an adviser at its meetings but no co-opted person is entitled to vote at the meeting.
  • The validity of the proceedings of the Board or a Committee shall not be affected by a vacancy among its members or by a defect in the appointment or qualification of a member.
  • Except as otherwise provided under this section, the Management Board or a Committee shall determine and regulate the procedure for its meetings.

Section 11 – Other Committees of the Management Board

(1).     The Board may for purposes of achieving the objects of the Conference appoint select or adhoc committees comprising members of the Board and or non-members or both and may assign to them such of its functions as the Board may determine except that a committee composed entirely of non-members may only advice the Board.

Section 12 – Disclosure of Interest

  • A member of the Governing Body, Management Board or officer who has an interest directly or indirectly in any matter being considered or dealt with by a unit of the Conference shall disclose the nature of that interest at a meeting at which he is a participant and shall not without the consent of the Chair take part in any deliberation or decision with respect to that matter.
  • A member who fails to disclose an interest under subsection (1) and participate in the proceedings of a meeting without the consent of the Chair shall be referred to the Disciplinary Committee of the Board.

Section 13 – Allowances for Members of the Board

The Chairman and other members of the Board or a Committee shall be reimbursed from the Coffers of the conference such cost as are necessary to cater for their cost of transportation by the Administrator.

Section 14 – Tenure of Members of the Management Board

  • Member of the Board other than the General Secretary of the Conference shall hold office for a period not exceeding four years and is on the expiration of that period eligible for re-appointment.
  • A member of the Board other than the General Secretary may at any time by letter addressed to the Chairman of the Board resign from office.
  • A member who is absent from four consecutive meetings of the Board without sufficient cause or without notice ceases to be a member of the Board.
  • The Chairman or any other member of the Board may be removed from office for inability to perform the functions of his or her office, for stated misbehaviour or for any other just cause.
  • The Chairman shall inform the Governing Body and Management Board of vacancies that occur in the membership of the Management Board within one month of the occurrence of the vacancy.
  • Where a person is appointed to fill a vacancy, that person shall hold office for the remainder of the term of the previous member and shall subject to the provisions of this Deed be eligible for re-appointment.

PART III – ADMINISTRATIVE, FINANCIAL AND MISCELLANEOUS PROVISIONS

Section 15 – Appointment of General Secretary and Functions

  • There shall be appointed by the Management Board a General Secretary and a Deputy General Secretary of the Conference.
  • The General Secretary and the Deputy shall hold office on the terms and conditions specified in their letters of appointment except that persons to be appointed as General Secretary and Deputy are certified as knowledgeable and experienced in management.
  • The General Secretary shall be the administrative head of the secretariat of the Conference.
  • Subject to the directives of the Management Board, the General Secretary shall be responsible for the day to day management of the activities of the Conference and shall ensure the implementation of the decision of the Management Board.
  • The General Secretary may subject to such conditions as he may determine, delegate some functions of his office to any officer of the secretariat of the Conference except that he shall not be relieved from ultimate responsibility for the discharge of the delegated functions.
  • The Deputy General Secretary shall in the absence of the General Secretary perform the functions of the General Secretary and any other responsibility the General Secretary or the Management Board may assign to him.
  • The General Secretary shall present qualified persons to be appointed as officers of the Conference by the Management Board.
  • There shall be appointed by the Board, a Secretary of the Board to be responsible for keeping records of the Board and to serve as a liaison officer between the Board and the Secretariat of the Conference.

Section 16 – Appointment of Internal Auditor

  • There shall be appointed an internal auditor for the Conference who shall be responsible to the Board in the performance of his duties.
  • The internal auditor shall at the end of every three months submit a report of the audit of the Conference carried out by the auditor in respect of that period to the Chairman of the Board.
  • The Chairman of the Board shall submit the report to the Board.

Section 17 – Appointment of other Staff

  • The General Secretary shall recommend for employment by the Board, the internal auditor and other employees necessary for the effective performance of the functions of the Board including:
  • Finance and Administration
  • Projects
  • Research/Propagation/ Publicity and
  • Regional officers of the Conference.
  • The Board may on the recommendations of the General Secretary engage the services of such experts and consultants as the Board may determine.

Section 18 – Expenses of the Conference

  • The salaries/allowances of the General Secretary, the Deputy and other employees of the Conference shall be charged to the Account of the Conference.
  • All administrative expenses of the Conference shall be paid out of the Account subject to the approval of the Board.
  • All annual estimated expenses under (1) and (2) of Section 18 shall not be more than 1/6 of the total annual income collected in the year immediately preceding the ensuing year.

Section 19 – Accounts and Audit

  • The Board and the General Secretary shall keep in respect of the books of the Conference accounts and proper records in relation to them and the books of account and records shall be in such form as accepted by Standard Accounting and Audit practice.
  • The books of account shall be audited by an external auditor appointed by Board within three months after the end of each financial year.
  • In addition to the annual audit, technical audits shall be caused to be conducted on projects of the Conference on selective basis by the Board.

Section 20 – Financial Control

  • The Board shall in writing provide arrangements for distribution of monies from the activities of the Conference.
  • Cheques and other promissory notes may only be issued upon the directive of the Board and shall be signed by the General Secretary and two other members of the Management Board unless the Board determines that sums not exceeding specified amounts may be assigned by the General Secretary and Head of Finance of the Conference

Section 21 – Annual Report

  • With the prior approval of the Management Board, the Chairman shall cause to be published as soon as practicable and in any event not more than six months after the end of each financial year a report dealing generally with the activities and operation of the Conference during the year to which the report relates and shall include:
  • The audited accounts of the Conference and the External auditor’s report on the accounts of the Conference; and
  • Such other information as the Board may consider necessary.

Section 22 – Financial Year

The financial year of the Conference shall be the same as the financial year of the Government that is January to December in each year

Section 23 – Regulations

The Board may make Regulations to prescribe generally, rules and regulations for the effective implementation of this Deed.

Section 24 – Removal from Office

Member (s) of the Board may be removed from office by the Governing Body for their inability to perform their functions, for proven stated misbehavior by a competent body established by the Conference or competent court of adjudicature.

Section 25 Transitional Provisions

The Secretariat of the Parliamentary Muslim Caucus shall be used as transitional structures for the initial implementation of this Deed and shall cease to exist immediately after a Conference Secretariat is established and a General Secretary is appointed.

Section 26 – Interpretation

In this Act unless the context otherwise requires:

“accredited tertiary institutions” means a tertiary institution accredited by the National Accreditation Board;

“basic school” means primary and junior secondary;

“Board” means the Management Board of the Conference established for the Conference under section 6;

“Caucus” means the Muslim Caucus of Parliament;

“Chairman” means the Chairman of the Management Board of the Conference;

“education” means education in an approved basic school, second-cycle school and an accredited tertiary institution;

“general secretary” means the General Secretary of the Conference;

“Person” means individuals and cooperate bodies

“Sadaqa” means voluntary charity or donations into the fund by persons;

“rotation” means serving in turns;

“second-cycle” means public senior secondary school and technical and vocational school;

“tertiary institution” means an accredited tertiary institution, namely:

  • A university or a university college;
  • A polytechnic;
  • Diploma awarding teacher training college; and
  • Post senior secondary school institution;

“Trustees” mean members of the Board of Trustees of the Finance of the Conference;

“Zakat” means self-imposed compulsory payments into the fund in observance of the Third Pillar of Islam.

Adopted by the Conference on ………………………..June, 2021

SIGNITORIES TO THE DEED

H.E. THE NATIONAL CHIEF IMAM

SHEIKH DR OSMANU NUHU SHARUBUTU

SHEIKH ALHAJI UMAR IBRAHIM

THE NATIONAL IMAM, AHLUL SUNNAH

THE AMIR, TIJANIYA MUSLIM

THE AMEER, AHAMADIYYA MUSLIM MISSION

MULVI MOHAMMED IBN SALEH

THE NATONAL IMAM, SHIA

SHEIKH ABUBAKAR AHMED KAMALDEEN

CHAIRMAN, GHANA MUSLIM MISSION

DR. AMIN BONSU

AG. CHAIRMAN MUSLIM CAUCUS OF PARLIAMENT

HON MOHAMMED MUTAKA MUBARAK

AG. GENERAL SECRETARY

MR. INUSAH MOHAMMED

OFFICE OF PARLIAMENT