[size=16pt]Frequently Asked Questions: A-Z Of REGISTERING A NON GOVERNMENTAL ORGANIZATION (N.G.O) in NIGERIA[/size]

I have been running away from this question for the past one year since Nairalanders have been bugging me to state the process and requirements for registering an NGO. The basic reason is that its is very difficult to do and quite time consuming for the lawyer doing it and the clients really don’t appreciate the efforts and stress involved in registering one but recently i met a Nice Nairalander who encouraged me to not feel aggrieved by the acts of some but to continue assisting people so as to make Nigeria a more better place and much much closer to the desired information being craved by all.

So as usual in my usual simplistic and humour filled manner of explaining these things, i will attempt to explain the process of registering an NGO in Nigeria:

QUESTION: Lawyer what is a Non Government Organization (N.G.O) ?

ANSWER: Non-governmental organisations (NGOs) are organisations that are not part of government and do not exist to make a profit from the work of the organisation for the owners or members of the organisation. They exist to serve some public purpose rather than just serving the personal interests of the owners or members of the organisation.

They exist for the benefit of the general public or specific sections of the public. If members receive payment or benefits, it is only in the form of a reasonable salary and benefits in return for the work that is done as an employee of the organisation. Any profit that is produced is used by the organisation to make a greater impact in terms of their public purpose.

Examples include:

Wide group of organisations, from large charitable NGOs like Red Cross, Better Life for Rural Women etc down to small community organisations like sports, clubs or civics e.g. Lagos Country Club, Yoruba Tennis Club, Chess Players Association of Nigeria, Abakaliki Progressive Union Foundation etc

The definition of Non-governmental organisations (NGOs) covers all organisations that do not exist to make profits for owners or members. It does not cover private companies or even co-operatives or income generating projects that exist solely to produce benefits for members.

Most Non-governmental organisations (NGOs) have to rely on grants and donations from fundraising because Non-governmental organisations (NGOs) usually serve sections of the community that could not afford to pay the full cost of the service. NPOs do not usually choose their target groups according to who can pay for the service, but according to who needs the service most.

QUESTION: Okay, I understand what a NGO is and its aims and objectives but what are NGOs known as in Nigeria?

ANSWER: Under the Law more especially the Company Law in Nigeria, they are known as INCORPORATED TRUSTEES. These means that the Non-governmental organisation (NGO) formed is under the protection and guidance of a set of people called TRUSTEES and the Non-governmental organisation (NGO) assets and funds are placed squarely under the TRUST, confidence, reliance and dependence of the Trustees to carry out the aims and objectives of the Non-governmental organisation (NGO).

TRUSTEES are different from DIRECTORS OR SHAREHOLDERS in a company because unlike share holders in a company who will do anything to make sure their company derives a profit, Trustees are not entitled to make a profit from the Non-governmental organisation (NGOs) but rather to promote the welfare, aims and objectives of the Non-governmental organisation (NGO) freely.

QUESTION: Lawyer are you sure that these trustees are not entitled to make profit because somebody i spoke to said my Church next door named “I GO HAMMER INTERNATIONAL CHURCH” is registered as an Incorporated Trustee and they are making Mad Millions judging from the cars that park outside my house every Sunday. Are Churches also Incorporated Trustees and who can register Incorporated Trustees?

ANSWER: Very Funny Question! Yes ALL Churches and Mosques are Incorporated Trustees and the Pastors, Priests, Imams etc are the Trustees or part of the Trustees of the Churches or Mosques near you and they only survive due to the grants, tithes, benefits, welfare and donations pouring in every time. But it is a different thing all together when your talking about how the donations are being disbursed either to the welfare of the people or into private pockets to enrich the trustees themselves.

So that depends on the members of the Non-governmental organisation (NGO) to provide checks and balances on their Trustees.

I know so many people register Incorporated Trustees in Nigeria to open one Church or the other to make millions ;Dand some genuinely register these Churches to Help people and promote God’s words, so it depends to be honest which Incorporated Trustee Church is helping people and which one is using the donations and tithes to enrich their pastors. Thats not my own call here to judge people!

Also the kinds of people that can register Incorporated Trustees include the following:

a. Person Bound together by religion, custom, kinship or nationality

b. Association established for religious, educational, literary, scientific, social development, sporting or charitable purpose

c. Clubs, Cultural Associations, Foundations and Schools

Examples of Popular NGOs include:

Nigeria Youth AIDS Program
Nigeria Youth Working Group on Environment & Development
Nigerian Association of University Women
Nigerian Environment Study/Action Team
Nigerian Institute of Public Relations Lagos state chapter
Nigerian Integrated Rural Accelerated Development Organisation (NIRADO)
Nigerian Labour Congress (NLC)
Nigerian Medical Association (NMA)
Nigerian Youth Action Rangers
Nigerian Youth Environmental Network
NISER
Obi/Akpor Patriotic League
Odua Peoples Congress
Ogoni Youth
Oil watch Africa
Olabisi Onabanjo University
OMEP World Organisation for Early Childhood Education
Omni Medical
Operation Happy Home
Organisation (ACHDO)-Formerly Mother and Child
Organization for the Advancement of African Women (ORGAAW)
Organization for the Dev of Sports & Youth
Orthodox Welfare Association
Etc

QUESTION: Okay i think i am beginning to Understand what a Non-governmental organisation (NGO) or Incorporated Trustee is, but what are the advantages of Forming a Non-governmental organisation (NGO) or Incorporated Trustee legally or Illegally?

ANSWER: LWKMD (Laugh wan Kill me die)

Simple, do you mean apart from having Access to FREE Millions of NAIRA or DOLLARS pouring in through donations, aids, tithes, contributions, benefit, assistance, offerings, hand-outs etc that is 100% TAX FREE and almost Unaccounted for by the Members!!! LOL?

or

Do you mean apart from having access to all these Monies and you can be so unscrupulous to line up your pockets and introduce you to a better life aka the Nigerian Dream? LOL

Anyway apart from the above crooked and dodgy reasons Nigerians register NGOS, the advantage legally include:

a. It is a body Corporate i.e It has a right to sue and be sued

b. It has a Legal Personality i.e No one Man can claim it to be its own no matter the amount of Money a person donated. i.e despite the Billions invested by Bill Gates in the Bill gates Foundation, it doesn’t belong to him but he can be a major influencial Trustee amongst the board of Trustees

c. Perpetual Succession: It continues for life and even after the death of the major donors or board of Trustees, it continues with new Trustees taking over i.e if the Principal Pastor of Church dies, the Church continues and a new successor and new board of Trustees take over.

d. Power to Hold Land: This is a Major factor in being a Non-governmental organisation (NGO) or Incorporated Trustee. The CAC is very particular about Non-governmental organisation (NGO) or Incorporated Trustees Having the capacity to own lands or buy lands for its operations immediately unless it won’t be registered
e . Capacity to own a Common Seal:

QUESTION: Okay i am ready to Register A Non-governmental organisation (NGO) or Incorporated Trustee! What are the requirements to register one then in Nigeria?

ANSWER: Okay, at this junction, get your pens and paper and cram it down: Before you contact your lawyer, get all these things down first:

a. Select 2 names of the Association i.e Incorporated Trustee of I GO CHOP MONEY DIE FOUNDATION or Incorporated Trustees of Nairaland INITIATIVE! The CAC will choose one that is registerable or deny both of them in all its entirety. So choose Carefully.

It is very Important to select a Name that is unique and it must end with either the words Foundation, Trust, Organization, Association, Network, Initiative etc (Bottom line it must confirm with the practice that is common with Non-governmental organisation (NGOs)

b. Choose the aims and objectives of the proposed Incorporated Trustee normally minimum 3 i.e Sample :

AIMS AND OBJECTIVES:

A. To foster Unity, Peace and Love among its members, business men and general public

B. To create a condusive environment where members meet, interact and Discuss their problems, challenges and welfare.

C.To promote and encourage peaceful co existence and mutual benefits between members

c. Address of The Association

d. Names of the Trustees (They must be 2 or More)

e. 2 passport photographs for each of the Trustees

f. The personal residential addresses of each of the Trustees

g. Occupation of each of the Trustees

h. Tenure of each of the Trustees, the removal and filling of the vacancy of the Trustee

i Auditor

j. Membership

k. Common Seal (The seal must be made in Metal that can be inprinted on and must be physically inspected at the CAC

L. List the Executive Members of the association i.e –President, secretary, Financial secretary, auditors etc


QUESTION: Okay Lawyer, Now that i have gotten the Pre-Registration Requirements, what do i do next?

ANSWER: The next thing includes the Registration Process Proper which includes the following:

1. Procuring, Conducting Name Search and Reserving your chosen NGO name (Normally takes 2 weeks or less)

2. Filling the Application forms after it has been purchased (Trust me, there are so many forms to fill and sign by all the trustees)

3. Advertisment of the name of the NGO and objects of the NGO in 2 National Dailies and One local Newspaper circulating in an Area of the chosen Registered Office where the Association is based

e.g Guardian Papers and Punch Newpapers (National Newspapers)
Ikeja Report or Abuja Chronicle (Local Newspaper)

clearing stating the name of the Association and Trustees and calling for Objections from the Public to the registration of the Association

d. Submission of the duly completed Typed Application form which should be accompanied by the following:

1. Availabity of name Search Report

2. A formal letter of Application to the CAC director General stating the reasons why you want to form the NGO and should be signed by either the Chairman, Secretary or the Applicatants Solicitor i.e yours truely

3. Copies and Proof of the Original Newspaper Publications

4. 2 Copies of the Applicants CONSTITUTION (This is the real wahala drafting a constitution). The Constitution must provide for the following:

a. AIMS

b. PROVISION FOR TRUSTEES IN THE GUIDELINES

c. CUSTODY OF THE COMMON SEAL

d. APPOINTMENT OF AUDITORS

e. PROVISIONS FOR MEETINGS

f. AMENDMENT CLAUSE

g. SPECIAL CLAUSE

5. Minutes of the Meeting where the Trustees were appointed having the list of Members Present and Absent and showing the voting pattern, signed by the Chairman and Secretary of the Board.

The Minutes must be on the letter headed Paper of the Association

6.Minutes of the meeting where the SPECIAL CLAUSE rules was adopted into the constitution of the Association, signed by the Secretary and Chairman showing the list of Members in attendance.

7. All Trustees Must attach 2 Passport sized Photographs and one of the passport must be attached to a declaration Form sworn to at the High court by each trustee. This form replaces the State Government Security Clearance)

8. Attach the copy of the court registry payment for the Trustee Declaration form

9. Trustees should sign against their names on the application forms, state their permanent residential addresses and state their occupations

10. Pay all the filing fees at once

QUESTION: Finally how much does it cost to Register an N.G.O?

ANSWER: It Basically costs above N120,000 and above to register an NGO with all the fees included. Personally, if i am drafting the Constitution, i always add something extra to that fee because of the time and stress involved. It takes days, sometimes weeks to get a perfect constitution without query and it is the most cumbersome thing involved minus drafting the Minutes of the Association.

So the price is not static. It depends on the lawyer and because the CAC knows registering an NGO is the fastest way to create Millionaires in Nigeria either legally or illegally, they have to increase their filing fees to chop their own now because you wont remember them and the lawyer tomorrow when your NGO hammers!

Ok i am tired of typing, I hope i have been able to answer most of your pressing NGO/INCORPORATED TRUSTEE registration questions in a very simple and understandable manner, To be continued someday!

Cheers!

For a link to answers in registering a company in Nigeria, click below :

Frequently Asked Questions: A-Z Of Company Registration In Nigeria
https://www.nairaland.com/nigeria/topic-251915.0.html

hi lawyer.i am a lawyer who just completed NYSC. i hv started practicing with a firm and learning a lot.i hav ds project of incorporating an incorporated trustee,an Educational NGO.Ur post rli helped shed som light on d procedure and am rli thankful for that,rli hope am nt asking 4 too much but pls could u send me a sample constitution as i hav no idea ow to go about it.having done som research,i no som of the content dat shld b there but i'd rli appreciate a precedent of som sort. my mail addy is: hotshortie2@yahoo.co.uk.kindly send same as soon as u possible can as i have a deadline. hope it wnt b too much of a bother. thank you.

Nice one ,op. Was working on IT and surprised to stumble on your post but shocked it got a single comment. Quite informative and educative.