The Hon. President of the National Industrial Court, Hon. Justice Benedict Kanyip, PhD, OFR has declared the tenure policy of the Federal Government that provides that a Director or its equivalent by whatever nomenclature described in MDAs shall compulsorily retire upon serving eight years on the post; and a Permanent Secretary shall hold office for a term of four years and renewable for a further term of four years, subject to satisfactory performance as contained in the Public Service Rules as valid.
The Court ruled that the assertion of the former Permanent Secretary Alo Nwankwu that the implementation of the tenure policy is discriminatory cannot stand. The Court held that the tenure policy is of general application to all Directors (by whatever name called) and Permanent Secretaries in the Public Service.
Justice Kanyip stated that the argument of Mr. Alo that there has to be a specific lifting of the suspension of the tenure policy was unfounded as nothing was placed before the Court to show that the tenure policy under the Public Service Rules 2021 will apply only when the suspension of the policy initially made was specifically lifted.
From facts, the claimant- Alo Nwankwu had averred that the Head Of Civil Service of the Federation and Attorney General of the Federation lack the requisite powers to reintroduce the tenure policy into the Civil Service of the Federal Government of Nigeria, same having been suspended by virtue of the directive of the president of the Federal Republic of Nigeria as communicated in the circular dated 20th July 2016.
Alo Nwankwu stated that since the Head of Civil Service of the Federation cannot overrule the President of the Federal Republic of Nigeria, it, therefore, becomes elementary that the Head of Civil Service of the Federation directive reintroducing tenure policy via the circular of 27 July 2023 is illegal and unimplementable.
Alo Nwankwu contends that the decision of the Head of Civil Service of the Federation and Attorney General of the Federation to reintroduce the tenure policy to its employment while the same is disregarded for other Permanent Secretaries and some selected Directors is discriminatory.
The learned counsel to Alo Nwankwu maintained that the provision of the Public Service Rules 2021 reducing the length of service of his client, a Permanent Secretary of the Public Service of the Federation, who is eligible to serve for more than four years before attaining the mandatory age of 6o years or 35 years of pensionable service is unlawful.
In defence, 1st defendant’s- Head of Civil Service of the Federation submitted that the Public Service Rules as approved by the Federal Executive supersede any circular that was issued during the operation of the 2008 Edition of the Public Service Rules and cannot be used to invalidate or nullify any provision of Rule 020909 of the 2021 Edition of the Public Service Rules.
To the 2nd defendant- the Attorney General of the Federation submitted that the suspension of the tenure policy in the Federal Civil Service is no longer suspended and that the policy has been re-activated by the approval of the statutorily Revised Public Service Rules 2021 on 27 September 2021 by the Federal Executive Council under the leadership of the former President Muhammadu Buhari, who issued the circular dated 20 July 2016 through the office of the Head of Civil Service of the Federation.
The Attorney General of the Federation further stressed that the Public Service Rules 2021 applies to all public servants, whether in the Civil Service or Public Service and discriminates against no one, and prayed the Court to dismiss Alo Nwankwu’s suit in its entirety.
In opposition, the counsel to Mr. Alo maintained that the Federal Executive Council cannot overrule Mr President by restoring the tenure policy, and averred that it is illegal to recommence the implementation of the tenure policy without the directive of Mr President because they have structured their lives and affairs based on the directive of the defendant communicating the suspension of the tenure policy, as such, the defendant cannot be allowed to state otherwise.
In a well-considered judgment after careful evaluation of the submissions of both parties, the President of the Court, Justice Benedict Kanyip held that a comparison between Rule 020810 of PSR 2008 and Rule 020909 of the PSR 2021 will show that under the PSR 2021, the tenure policy is no longer merely a proviso. It is a full-fledged Rule, with a life of its own.
The Court declared Alo Nwankwu’s assertion that the Federal Executive Council cannot overrule Mr President by restoring the tenure policy as bizarre and wishful thinking and affirmed that Mr President is the Chairman of the Executive Council of the Federation that approved the said PSR 2021.