Open Letter to the Attorney-General and Minister of Justice on the illegal implementation of tenure rule for Directors by the Head of Service

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Recently, the Head of the Civil Service of the Federation, Dr. Folashade Esan, announced the introduction of the new Public Service Rules (PSR) and by her Circular Ref. No. HCSF/SPSO/268/T3/2/37 dated 27th July 2023, she directed all Ministries, Departments and Agencies of the Federal Government to implement its provisions with immediate effect.

Admittedly, the new PSR has some innovative provisions that will propel the service to greater heights,however, we noted that it also reintroduced the eight-year tenure rule for Directors and Permanent Secretaries. The problem is not with the tenure Rule per se, but with the manner of its implementation by the Head of Service . She is applying it across the entire public service to include even parastatals that have their establishment and governing laws.

Noteworthy that even when the Governing Councils or Management Boards of these parastatals are eventually constituted, they must follow the laws establishing and governing the institutions and they cannot rely on a policy that is inconsistent with the governing law. To do otherwise will be a precursor to unending litigation.

Why would a newly introduced rule be given retrospective effect in its implementation? Why should it apply to those who were directors before it came into force? Perhaps the new Attorney-General who has a reputation for his brilliance and rule of law advocacy would deem it necessary to provide guidance on the proper application of the rule.

We also note that of all the recommendations of the Oronsaye Report on the reform of the Civil Service, only the tenure rule is being vigorously implemented. In fact, the Director of Administration of the Federal Ministry of Finance was in haste and was so overzealous in urgently implementing the rule to the extent that her memo to the affected directors confusedly and ridiculously put its date as its Reference number, even at that high level.

Source: Law Daily Report (lawdailyreport.net)

 

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