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Industrial Court validates FG Tenure Policy for Directors, Permanent Secretaries

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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.

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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.

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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.

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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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NSCDC, Tantita intensify joint efforts to combat oil theft in Niger Delta

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The Nigeria Security and Civil Defence Corps (NSCDC) and Tantita Security Services Limited (TSSL) have intensified their joint efforts to eliminate economic sabotage in the Niger Delta, in line with the Renewed Hope Agenda set forth by President Bola Ahmed Tinubu.

As part of his inspection of NSCDC operations in the area, Commandant-General Dr. Abubakar Audi led a group of senior officers to meet with Chief Kestin Pondi, Managing Director of TSSL, and High Chief Government Ekpemupolo, commonly referred to as Tompolo, in Warri and Oporoza, Delta State.

Audi and his team also toured the operational facilities of NSCDC operatives working with Tantita in far-flung creeks of the Niger Delta and other formations to assess their activities and encourage the frontline security agents.

The Commandant-General while paying a courtesy visit to Pondi said his operational tour of the Niger Delta was to enable him get first hand information of his men on ground and strengthen the relationship between the corps and Tantita.

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Audi said the NSCDC would celebrate the gallantry of his men on March 1st adding that the occasion would recognise fallen heroes of the corps and empower the families of deceased officers.

He said: “We place high premium on the welfare of our staff that is why every March 1st we recognise our personnel who died on active duty by assisting their families through payment of life insurance benefits and other empowerment schemes.”

In his remarks, the Managing Director, Tantita Security Services Ltd, Mr Kestin Pondi, heaped praises on President Ahmed Tinubu for providing the enabling environment to fight oil theft in the Niger Delta region.

He assured of closer collaboration with security forces including the NSCDC in the ongoing efforts to tackle pipeline vandalism and oil theft.

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Pondi said without the collaborative efforts of the NSCDC and other security agencies, the success record would have been impossible.

He said prior to Tantita’s involvement in combating oil theft, production levels hovered around 800,000 barrels per day, adding that the increased production was because of the collaboration with NSCDC.

He said:  “The success recorded in the recent past is not without the collaborative efforts of NSCDC. At the moment we have over 450 personnel in our organisation who have been providing collaborative services to our personnel.

“It is worthy of note that as at the time we came on board, the nation was producing between 600000 – 800000 barrels per day in 2022, but as at today we have gone over 2 million barrels per day and this is largely due to our collaboration with you.

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A former President, Ijaw Youths Council (IYC) Worldwide, Engr. Udengs Eradiri, hailed NSCDC and Tantita for their mutual relationship saying their operational style was in line with President Tinubu’s leadership approach of community and stakeholders’ engagements.

Describing President Tinubu as a community man, Eradiri said Tinubu’s approach was centered around the people adding that in similar way Tantita and NSCDC approach instilled confidence in people to protect oil facilities within their domain.

“This is in line with President Tinubu’s leadership style. President Tinubu is a community man. His approach has always been about the people. For some of us who have known him for years ago, we are not surprised that he is doing things differently.

“Recall that when he was campaigning he came to the Gbaramatu Kingdom. President Tinubu expanded the relationship with Tantita and consolidated on what he met and that is why the trajectory has been smooth. President Tinubu is the reason Tantita is succeeding and we want to commend him for believing in Tompolo and the people,” he said.

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Imo govt warns nightclub, lounge proprietors against selling hard drugs to customers

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The Imo Government has issued a stern warning to hotel owners and nightclub operators, urging them to refrain from permitting the use of hard drugs within their establishments.

This announcement was made in a statement signed by Chief Ezechukwu Obonna, the Special Adviser to Governor Hope Uzodinma on Narcotics and Illicit Drugs Monitoring, and was shared with journalists in Owerri on Saturday.

According to Obonna, the state government has observed that hard drugs, especially cannabis, popularly called ‘loud’, are now being freely sold and consumed in public places, especially in lounges and nightclubs in the state, as if the drug is no longer prohibited by law.

He warned operators of nightclubs and lounges to immediately put an end to the consumption and sale of hard drugs, particularly in their business areas.

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He said that any establishment found to be enabling or permitting the use of hard drugs would face severe consequences.

“The government is issuing this stern warning to lounge and nightclub owners across the state to note that the government will no longer tolerate the use of private businesses as havens for illicit drug use.

“We urge all lounge and nightclub owners to take responsibility for ensuring their patrons are not engaging in illicit activities.

“The Imo State Government is committed to protecting the health and well-being of its citizens, and we will not hesitate to take action against those who compromise this effort,” he said.

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He added that the International Narcotics Control Board had expressed concerns about the growing trend of drug use and its impact on public health.

According to him, the Imo Government is taking proactive steps to address this issue and ensure a safer, healthier environment for all citizens.

“We appeal to all lounge and nightclub owners to cooperate with the government in this effort and to report any suspicious activities to the authorities immediately.  Together, we can create a safer, more responsible tourism and entertainment industry in Imo,” he said.

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Watch Saturday episode of Your Family Lawyer on ‘How can I get a divorce under Islamic marriage

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Seasoned lawyer and progenitor of Your Family Lawyer, Chuma Chinye tackled how you can get a divorce under Islamic marriage.

Using vivid examples and solutions on how you can maintain a cool head when faced on how to get your rights under Islamic marriage.

Watch podcast below:

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