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Implementation of Revised Public Service Rules 2021 Could force out 512 directors from Nigerian Civil Service

The recent implementation of the newly revised Public Service Rules, 2021 by the Federal Government might lead to the departure of approximately 512 directors from the civil service who have spent a minimum of eight years in the directorate cadre.

The Public Service Rules (PSR) revision, which came into effect on July 27, 2023, was officially introduced by the Office of the Head of Civil Service of the Federation on July 28, 2023, in Abuja.

As part of these updated regulations, a tenure policy for permanent secretaries has also been introduced. Under this policy, permanent secretaries are now required to serve a term of four years in office, with the possibility of renewal based on their performance.

Sources within the Federal civil service revealed to our correspondents that around 512 directors who have remained in their positions for eight years or more could be impacted by the new rule.

The Head of Civil Service of the Federation, Folashade Yemi-Esan, presented the revised public service rules during a recent civil service event, mentioning that the implementation process would commence immediately.

Yemi-Esan highlighted that the rules had been updated during the tenure of former President Muhammadu Buhari but the formal launch had been postponed until President Bola Tinubu assumed office in alignment with the ‘renewed hope’ agenda.

The introduction of this policy has already caused tension and concern within the civil service. Some directors, speaking confidentially, revealed that the Office of the Head of Civil Service had issued a memo to Ministries, Departments, and Agencies to ensure strict adherence to the newly revised rules.

Yemi-Esan’s memo, dated July 27, addressed to all Permanent Secretaries, the Accountant-General of the Federation, the Auditor-General of the Federation, and Heads of Extra Ministerial Departments, strongly emphasizes the need for compliance with the revised rules.

It read, ‘’Following the approval of the revised Public Service Rules by the Federal Executive Council on the 27th of September, 2021, and its subsequent unveiling during the public service lecture during the commemoration of the 2023 Civil Service Week, the PSR has become operational with effect from 27 July, 2023.

“You are, therefore, to ensure full compliance with all provisions of the Public Service Rules, 2021. Please, ensure strict compliance with the contents of this circular.”

Nonetheless, public servants who are against the adoption of the new Public Service Rules (PSR) have maintained that it contradicts the established mandatory retirement age of 60 years for civil servants. They point to specific sections of the rules to support their stance.

As outlined in PSR 020908, the compulsory retirement age continues to be set at 60 years, or after serving for 35 years, as the situation may require.

This rule, however, exempts certain individuals such as judicial officers and members of the Academic Staff Union of Universities, among others.

The rule states that “The mandatory retirement age for all grades in the service shall be 60 years or 35 years of pensionable service, whichever is earlier.

‘’No officer shall be allowed to remain in service after attaining the retirement age of 60 years or 35 years of pensionable service, whichever is earlier.

“The provision of (i) and (ii) above is without prejudice to prevailing conditions of service for Judicial Officers, Academic Staff of Universities and other Officers whose retirement age is at variance with (i) and (ii) above.”

But the revised PSR 020909 stipulates that “A Director or its equivalent by whatever nomenclature it is described in MDAs shall compulsorily retire upon serving eight years on Tenure Policy 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 and no more.”

The Spokesperson for the Office of the Head Service of the Federation, Muhammed Ahmed, who confirmed the new rule, said it was simply revised.

“These rules have been on, it was just revised. If you are a director and you have spent eight years in office, this new rule applies to you irrespective of the number of service years you have left,’’ he explained.

Meanwhile, several sources within the civil service explained that 512 directors may be compelled to leave the service.

A director who spoke in confidence said, “Well, I can say about 512. We have lots of directors in the ministry who have spent close to seven years and they might not even retire in the next three years because age is still on their side.

‘’When you go to some ministries, you see some directors who have been there for years. Some of them are deputy directors who can’t grow in the service so it may be a welcome development.”

The National President of the Association of Senior Civil Servants of Nigeria, Tommy Etim, spoke about the recently updated rules. He mentioned that the association was involved in creating the revised PSR.

Additionally, he expressed his approval of the newly added clause, which he believes will encourage career advancement within the public service sector.

He said, “We were part of those responsible for the drafting of the policy. It is a very good policy which of course won’t affect those in academics, and some others.

“Secondly, the tenured policy for Permanent Secretaries is also a very good development. What we are looking forward to now is the implementation of the policy. You know it is one thing for a policy to be in the public, the implementation is another thing entirely so we are really looking forward to seeing the implementation as we believe it will aid career growth in the civil service.”

Similarly, the Chairman of the Joint Union Congress, Police Service Commission, Adoyi Adoyi, described the new service rule as a welcome development that will eliminate bureaucracy and fast-track the career growth of competent junior staff.

Speaking in a telephone interview, he added, “The new public service rule is a welcome development and I think the government is right in taking that step. The idea is that the system has to be sped up because there is a lot of personnel jam at the top.

‘’The structure of work is a pyramid, the higher you go the smaller the space. So, it is actually an informed decision to ensure that there is space for those who are coming behind.

“Remember that this was the policy that was in existence before the 2016 administration of former president Muhammadu Buhari though, no one knew what happened then that delayed its implementation.

“If you change the tenured position of permanent secretaries and directors, the implication is that junior staff behind might be affected. We see a lot of people retiring even without showing their quality or putting their skills to play which is not very good.’’

The leader of the labour union said that the new rule would not affect any of the directors in the Police Service Commission.

“Ironically, the new rule doesn’t affect anybody in the police service commission as we speak because we don’t have a director who has spent up to eight years in office,” he disclosed.

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