*Insist that HoSF circular on their compulsory retirement after 8 years is illegal
*Urges NIC to halt their victimisation
By Chuks Oyema-Aziken
Some Directors in the employment of the Federal government have dragged the Head of Service of the Federation (HoSF) and the Attorney-General of the Federation and Minister for Justice (AGF) to the National Industrial Court (NIS), seeking to nullify the eight-year policy being implemented at the Federal Civil Service, undistinguished that it violated their contract of employment and extant civil service rules.
The Directors who approached the court through Femi Falana SAN, insist that their tenure of employment should terminate only after working for a period of 35 years or upon attaining 60 years of age, depending on which whichever comes first.
However, implementation of Rule 021210 which the HoSF, Dr. Folasade Femi-Esan, on July 27, 2023, instructed those she branded as “Transformational Permanent Secretaries”, the Accountant-General of the Federation (AGF) and the Auditor-General of the Federation (AoGF) to immediately implement without further delay, has created discontent in the nation’s Civil Service.
The workers are insisting that at no time did former President Muhammadu Buhari, nor the Executive Council of the Federation (FEC), give approval for the compulsory retirement of Permanent Secretaries and Directors who have put in eight years in the civil service.
However approaching the Industrial Court citing section 36 of the constitution of Nigeria (1999) as amended,
the claimants/applicants prayed the Court for “an interlocutory injunction restraining the defendants/respondents, their agents, assigns, servants, privies or by whatsoever name called from implementing or further implementing the Tenure Policy in the Federal Civil Service of the Federation pending the hearing and determination of this suit”.
Dated 24th October, 2023, the Claimants stated in an affidavit that they “have the authority/consent of other claimants to depose to this affidavit”.
According to the affidavit, the clairmants are Directors currently serving in the civil service of the Federation and that by virtue of ther letters of appointment into federal civil service and the official Gazette, they were appointed as Directors Salary Grade Level 17 in the Federal Civil Service.
They equally stated that they had confirmation of their appointments as Directors gazetted on the official gazette of the federal government.
Rhey deposed that their compulsory retirement age in the Federal Civil Service is 60 years of age or 35 years of service, which ever comnes first.
They therefore urged the court to declare that the decision of the HoSF to implement the Revised Public Service Rules (PSR) being illegal and unlawful, should be declared null, void and having no effect whatsoever.
Our investigations revealed that the revised PSR contains 17 chapters, during which matter concerning Appointment and Leaving the Service, Prescribed Examination for Comfirmation (virtual exams), Emoluments and Increments, Performance Management System, Reward for Outstanding Work, Virtual Meetings and Engagements, Petitions and Appeals, Allowances, Compensation, Inventions, Compensation and Insurance, among others.
Highlight of the difference with the 2018 Public Service Rules included Performance Management System which replaced the old Annual Performance Evaluation Report (APER); Reward for Outstanding Work to Institutionalise Reward Recognitions Scheme (R&RE) in the Federal Public Service; Training and Capacity Development to provide more opportunities for continuous training and capacity development for enhanced service delivery, etc, were discussed and approved.
The applicants therefore maintained that only the letters of Rule 020909, Section 9 of Chapter 2 of the PSR 2021 is applicable to them, while any other purported Rule or circular is illegal and was never approved by any President, including former President Muhammadu Buhari.
Date is yet to be fixed for hearing of the matter by the President of the NIC.
