Connect with us

News

Industrial Court validates FG Tenure Policy for Directors, Permanent Secretaries

Published

on

ADVERTISEMENT
Zoom Ad
ADVERTISEMENT
Zoom Ad

[contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]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.

Advertisement

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.

Advertisement

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.

Advertisement

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.

Continue Reading
Advertisement
Click to comment

Warning: Undefined variable $user_ID in /home/naijuinz/public_html/wp-content/themes/zox-news/comments.php on line 49

You must be logged in to post a comment Login

Leave a Reply

News

Coup plot: DSS arraigns five associates of ex-Gov Silva

Published

on

By

ADVERTISEMENT
Zoom Ad
ADVERTISEMENT
Zoom Ad

The Department of State Service (DSS) has arraigned five associates of former Minister of Petroleum Resources, Chief Timipre Silva, before the Federal High Court in Abuja over allegations that they concealed information about the whereabouts of their principal, who the agency said was implicated as a financier of an alleged aborted coup attempt against President Bola Tinubu.

Silva, a former Governor of Bayelsa State, has been declared wanted by the Federal Government, while some of his identified properties have been marked for forfeiture following allegations that he sponsored and masterminded the purported coup plot.

The five associates — Reuben Ayuba, Musa Mohammed, Friday Paul, Paganengigha Anagaha and Ayebaifife Suobite — were brought before Justice Peter Lifu on Wednesday and charged with allegedly concealing the whereabouts of Silva, who the DSS described as a fugitive of the law.

A two-count charge filed against them indicated that the accused persons, on April 28, 2026, became accessories after the fact of felony by concealing the whereabouts of Timiprey Silva, said to be a fugitive of the law.

Advertisement

The alleged offence is said to be contrary to Section 519 of the Criminal Code Act, Laws of the Federation of Nigeria, 2004.

The DSS also accused them of conspiracy to commit a felony, specifically concealing the whereabouts of Timiprey Silva, who is described as a fugitive of the law, contrary to Section 516 of the Criminal Code LFN, 2004.

However, all the accused persons pleaded not guilty to the charges when they were read to them.

DSS lawyer, Emmanuel Orubor, urged the court to fix a date for the agency to open its case by calling witnesses to testify against the accused persons.

Advertisement

Meanwhile, Sunusi Musa, a Senior Advocate of Nigeria (SAN), who represented Reuben Ayuba and Paganengigha Anagaha, the first and fourth accused persons, moved applications for bail on behalf of his clients.

Similar bail applications were also argued by Ibrahim Imadegbelo, who represented Musa Mohammed, the second accused person; I. G. Kelubia, who stood for Friday Paul, the third defendant; and E. C. Sogo, who represented Ayebaifife Suobite, the fifth accused person.

The lawyers informed Justice Lifu that their clients had been in custody since October 25, 2025, and urged the court to admit them to bail on liberal terms.

In a brief ruling, Justice Lifu granted the accused persons bail in the sum of N5 million each, with two sureties each in the like sum.

Advertisement

The sureties are required to swear to an affidavit of means, provide evidence of three years’ tax payment, show evidence of visible means of livelihood and deposit their recent passport photographs.

Justice Lifu further ordered that the identities of the sureties must be verified by the Registrar of the Court.

Pending the perfection of the bail conditions, the judge ordered that the accused persons be remanded in Kuje Prison.

The judge fixed July 22 for the commencement of trial.

Advertisement

The charges against them read:

COUNT ONE:
“That you, RUBEN AYUBA, MUSA MOHAMMED, FRIDAY PAUL, PAGANENGIGHA ANAGAHA and AYEBAIFIE SUOBITE, adults, males, on or about the 28th day of April, 2026, in Abuja, within the jurisdiction of this Honourable Court, did become accessories after the fact of felony by concealing the whereabouts of Timiprey Silva, who is a fugitive of the law and thereby committed an offence contrary to Section 519 of the Criminal Code Act LFN, 2004.”

COUNT TWO:
“That you, RUBEN AYUBA, MUSA MOHAMMED, FRIDAY PAUL, PAGANENGIGHA ANAGAHA and AYEBAIFIE SUOBITE, adults, males, on or about the 28th day of April, 2026, in Abuja, within the jurisdiction of this Honourable Court, did conspire to commit a felony to wit: concealing the whereabouts of Timiprey Silva, who is a fugitive of the law and thereby committed an offence contrary to Section 516 of the Criminal Code LFN, 2004.”

Advertisement
Continue Reading

News

Why we declared Delta lawmaker’s seat vacant – Assembly

Published

on

By

ADVERTISEMENT
Zoom Ad
ADVERTISEMENT
Zoom Ad

The Delta State House of Assembly says the decision to declare the seat of the member representing Udu Constituency vacant was taken in line with the provisions of the 1999 Constitution.

The Chairman of the House Committee on Information and House Leader, Hon. Emeka Nwaobi, gave the explanation in Asaba.

Nwaobi said the Assembly acted strictly within its constitutional powers and not for political reasons.

He said, “The House merely carried out its constitutional responsibility after considering the resignation and defection letter submitted by the lawmaker representing Udu Constituency.”

Advertisement

The assembly spokesman explained that the Constitution clearly states the conditions under which a lawmaker can defect from the political party on whose platform he or she was elected without losing the seat.

According to him, the only condition is where there is a division or crisis within the political party at the national level.

He said there was no evidence before the Assembly to show that the lawmaker’s defection met that constitutional requirement.

Nwaobi said, “The Delta State House of Assembly is guided solely by the Constitution of the Federal Republic of Nigeria. Every action taken by the House is rooted in the law, and nothing is done outside the provisions of the Constitution.”

Advertisement

He added that the Assembly’s resolution should not be seen as a political vendetta but as a faithful implementation of the Constitution.

The House leader reaffirmed the commitment of the Assembly to the rule of law, constitutional democracy and legislative integrity.

He urged members of the public to study the relevant provisions of the Constitution before drawing conclusions on the Assembly’s decision.

Advertisement
Continue Reading

News

Judge’s illness stalls El-Rufai’s bail ruling

Published

on

By

ADVERTISEMENT
Zoom Ad
ADVERTISEMENT
Zoom Ad

The Federal High Court in Kaduna on Wednesday failed to sit after the presiding judge reportedly fell ill, stalling the ruling on the bail applications filed by former Kaduna State Governor Nasir El-Rufai and his co-defendant, Jimi Lawal.

The case was that of an alleged corruption case instituted by the Independent Corrupt Practices and Other Related Offences Commission against the defendants.

Justice Hauwa’u Buhari had fixed Wednesday, July 1, 2026, for the ruling after hearing arguments from counsel for the prosecution and the defence.

However, proceedings could not go on as scheduled.

Advertisement

A court source who confirmed the development to The PUNCH said, “They said the judge is sick.”

A fresh date for the ruling is expected to be communicated to parties in the case.

The development came barely two days after the Kaduna State High Court declined a separate bail application filed by El-Rufai in another ICPC prosecution.

On Monday, Justice Diruis Khobo dismissed the former governor’s bail application, holding that it lacked merit.

Advertisement

The judge ruled that the defendant failed to place sufficient and convincing materials before the court to justify the exercise of its discretion in his favour.

Justice Khobo held that El-Rufai did not present reliable evidence or credible documents capable of warranting his release on bail.

Although the court refused the application, it directed the ICPC to grant the former governor unhindered access to his medical team or any medical facility of his choice within Nigeria for appropriate medical attention.

The court also ordered that El-Rufai remain in the custody of the anti-graft agency pending the determination of the case and adjourned the trial until July 7 and 8, 2026.

Advertisement

At the Federal High Court, El-Rufai is standing trial alongside his former Special Adviser, Jimi Lawal, and five corporate entities on an amended 11-count charge bordering on alleged abuse of office, financial impropriety and money laundering.

El-Rufai pleaded not guilty to count one, while Lawal pleaded not guilty to counts six, seven and eight.

One of the companies, Singularity Network Security Limited, pleaded not guilty to counts two, three, four, five, nine, ten and eleven.

The ICPC alleged that investigations uncovered irregularities in the handling of government funds and the award of contracts during El-Rufai’s administration, resulting in the alleged diversion and misapplication of public resources.

Advertisement

The former governor has consistently denied all allegations, insisting that every action taken during his eight-year administration was lawful and in the public interest.

The Federal High Court case had earlier been adjourned after the absence of two co-defendants at a previous sitting.

The PUNCH recalls that on April 14, 2026, Justice Rilwan Aikawa granted El-Rufai bail in the sum of N200m with two sureties, one of whom must be a serving or retired civil servant on Grade Level 15, while the other must be a recognised traditional ruler.

The court subsequently declined the former governor’s application seeking a variation of the bail conditions.

Advertisement

In the separate Kaduna State High Court case, El-Rufai is facing a nine-count charge bordering on alleged abuse of office said to have been committed during his tenure as governor between 2015 and 2023.

The ICPC accused him of violating public procurement and financial management procedures in the execution of some government contracts.

El-Rufai has pleaded not guilty to all the charges.

While his legal team described the prosecution as politically motivated and lacking merit, the anti-graft agency maintained that it had assembled sufficient documentary and witness evidence to prove its case.

Advertisement

The twin prosecutions have continued to attract widespread public attention due to El-Rufai’s prominence in national politics and his eight-year tenure as governor of Kaduna State.

Continue Reading

Trending

Copyright © 2024 Naija Blitz News