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Industrial Court validates FG Tenure Policy for Directors, Permanent Secretaries

[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.
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.
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Plateau 51: Mutfwang mourns, says “we failed you”, begs affected community

Governor Caleb Mutfwang of Plateau State has apologised to the people of Bassa Local Government Area (LGA) for the failure of government and security agencies to protect lives and properties.
Fifty-one persons were gunned down early Monday in the Zikke community of the LGA, with houses razed and many displaced about two weeks after a similar attack led to the killing of scores of persons in Bokkos Local Government Area.
Less than two days after the most recent assault, Governor Mutfwang apologised for the government’s inability to protect the people.
Fifty-one persons were gunned down early Monday in the Zikke community of the LGA, with houses razed and many displaced about two weeks after a similar attack led to the killing of scores of persons in Bokkos Local Government Area.
Less than two days after the most recent assault, Governor Mutfwang apologised for the government’s inability to protect the people.
The governor said this on Tuesday at the palace of the Paramount Ruler in Miango.
“I will tell you the truth: I have been crying since yesterday because I had trusted God that all the arrangements were put in place, that this will not happen again. We have made investments in security,” he said.
But like all human arrangements, sometimes they fail. I want to admit that on Sunday night into Monday morning, we failed you. Please, forgive me.”
He urged the people not to relent in their efforts to secure their communities and ensure that they complement security agencies’ efforts by providing vital information for intelligence gathering and expose the antics of the criminals.
Governor Mutfwang, in the company of security chiefs and members of the state executive council, was in Zikke community to commiserate with the people on the death of over fifty persons killed in Monday’s attacks.
The Paramount Ruler of Irigwe land, Ronku Aka, who is the Brangwe of Irigwe, urged the government to come to the aid of the communities with the provision of social amenities in the area.
The governor and the entourage also went to see some of the families who lost their loved ones in the attack. The victims have been buried just as members of the community demanded action to stem the rising wave of insecurity in the state.
Plateau State has been a hotbed of attacks, but the renewed spate of attacks adds a fresh layer of twist to the decades-long crisis rocking the North-Central state.
After the most recent assaults, President Bola Tinubu ordered security agencies to fish out the masterminds, describing the attacks as condemnable.
While experts have linked the lingering Plateau crisis to farmers-herders tussle for resources, Governor Muftwang said it was sponsored and genocidal.
According to him, over 64 communities in the state have been taken over by gunmen.
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Court reserves verdict in Ganduje, seven others alleged financial infractions case

The Kano State High Court on Tuesday reserved ruling in the high-profile case involving the National Chairman of the All Progressives Congress (APC), Dr. Abdullahi Umar Ganduje, and seven others, who are facing an eight-count charge bordering on bribery, misappropriation, and diversion of public funds.
The case, instituted by the Kano State Government, lists Ganduje, his wife Hafsat Umar, Abubakar Bawuro, Umar Abdullahi Umar, Jibrilla Muhammad, Lamash Properties Limited, Safari Textiles Limited, and Lasage General Enterprises Limited as defendants.
When the case came up for hearing, the legal teams for all defendants presented various preliminary objections challenging the jurisdiction of the court and filed applications for extension of time.
Leading the defence for Ganduje, his wife, and Umar, Offiong Offiong (SAN) told the court: “We filed our preliminary objection dated November 18, 2024, supported by a 28-paragraph affidavit and a written address. We also filed a reply on point of law dated April 4, 2025. We urge the court to grant our application.”
On the other hand, the prosecution led by Adeola Adedipe, SAN, maintained that the defence applications lacked merit.
“The state’s reply to the preliminary objection is dated October 22, 2024. It is backed by a seven-paragraph counter affidavit and a written address with supporting documents,” Adedipe said.
“We urge the court to dismiss the applications in their entirety.”
Counsel to the 3rd and 7th defendants, Adekunle Taiye-Falola, filed a similar preliminary objection dated October 18, 2024.
In response to the complainant’s counter affidavit, we submitted a further and better affidavit dated December 12, 2024, along with a reply on point of law. We respectfully urge the court to grant the application,” he said.
Sunusi Musa, SAN, representing the 5th defendant, filed his own objection with similar supporting documents.
“We are seeking not just a grant of our application, but also substantial costs against the complainant,” Musa added.
Ashafa Yusuf, counsel to the 6th respondent, noted: “Our notice of preliminary objection was dated September 9, 2024. We filed a further and better affidavit on February 17, 2025, and a reply on point of law. We request the court to grant our reliefs.
For the 8th defendant, counsel Faruk Asekome also filed a preliminary objection and followed up with a further affidavit and legal reply dated February 13, 2025.
“We have complied fully with the procedural requirements, and we ask the court to grant the application,” he said.
Presiding over the case, Justice Amina Adamu-Aliyu granted the applications for an extension of time. She, however, reserved ruling on the preliminary objections.
“Ruling on the notices of preliminary objection is hereby reserved. A new date will be communicated to all parties in due course,” Justice Adamu-Aliyu stated.
The court’s eventual decision on jurisdiction is expected to determine whether the trial will proceed or be dismissed at this stage.
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Reps Minority Caucus decries incessant tanker fire explosions, call for decisive actions to avert future occurrences

Following the twin tanker fire explosions which occurred last weekend in Ibadan, Oyo state, and Akwanga, Nasarawa state, the Minority Caucus in the House of Representatives expressed shock and sadness over the unfortunate incidents.
The Reps Minority Caucus made this disclosure in a statement jointly signed by leaders of the caucus: Rep. O.K Chinda
(Minority Leader) Rt. Hon. Dr. Ali Isa J.C (Minority Whip) Rt. Hon. Aliyu Madaki (Deputy Minority Leader) Rt. Hon. George Ozodinobi
(Deputy Minority Whip) on Monday stating that:
“Thankfully, no lives were lost at the two avoidable incidents. But it is painful that an unspecified number of vehicles, shops, motorcycles, and other properties worth hundreds of million naira were lost; particularly at the Ibadan incident.
“It is more worrisome that this is coming at a time that the economic hardship is approaching it’s zenith in Nigeria.
The Caucus recalls that after the January tanker fire explosion in Niger state, where lives of Nigerians and humongous properties were lost, it called on the Federal Government for necessary actions.
“Happily, the government resolved to ban fuel tankers with capacities exceeding 60,000 litres of petroleum motor spirit (popularly called petrol) from operating on Nigerian roads with effect from March 1, 2025.
“However, it is disheartening that, from reports across the country, many fuel tankers are yet to comply with the directive. More ludicrous is that the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) responsible for enforcing the regulation is yet to comply with the presidential directive; about six weeks after the kick-off date.
Apparently disturbed about the frequency of tanker explosions across the country; almost becoming permanent fixtures on challenges bedeviling Nigeria, and the damaging effects on our people, the environment, and national development, the Caucus strongly calls for deliberate and decisive actions to stem the same by the bud.
” We call on the federal government for more pro-active measures that will not only avert future occurrences but stop tanker explosions in the country.
“From reports, the Ibadan incident happened as the driver encountered difficulties navigating deteriorated portions of the Toll Gate end of the Lagos-Ibadan expressway.
“Given the deplorable state of this road, and similar others, the Caucus urges the Federal Roads Maintenance Agency (FERMA) to carry out immediate rehabilitation works on these roads.
“The Caucus shall initiate, collaborate, and pursue every legislative action that will secure the safety of our people, and properties; which is the main purpose of government.
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