Suit filed by some Directors in the employment of the Federal government who are challenging the decision of the Head of Service of the Federation (HoSF) to fully implement the eight-year policy at the Federal Civil Service, was heard Wednesday at the National Industrial Court (NIC).
Aside the HoSF, the Attorney-General of the Federation and Minister for Justice (AGF) was joined as defendant in the suit where the claimants insist that the tenure implementation violate their contract of employment and also extant civil service rules.
At Wednesday’s session, the 1st defendant applied to withdraw his initial processes filed and served on the claimants.
He also argued his motion to regularize the new processes filed out of time, consisting of his Memorandum of Conditional Appearance, and responses to the originating summons and the claimant’s motion for interlocutory injunction.
The 2nd defendant equally applied to the court to regularize all processes it filled out of time.
Femi Falana, SAN, counsel for the claimants, prayed the court for an adjournment to reply the processes of the defendants in view of the fact that they were just served the previous day (a day) before the court session and urged the court to issue an order for the parties to maintain the status quo.
The court however, was of the view that parties ordinarily ought to maintain status quo when a matter is sub-judice and abstain from imposing any fait accompli or destroy the subject matter of the suit.
It adjourned to the 16th of January 2024 for arguments on all motions and responses and adoption as well.
Recall that the Directors had approached the NIC through Falana, SAN, insisting 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.
Recall also that implementation of Rule 021210 by the HoSF, Dr. Folasade Femi-Esan, on July 27, 2023, where she 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.
The matter has been adjourned to January 16.
