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