By Milcah Tanimu
Amidst the various arms and institutions of the government, the Public Service has remained remarkably untouched by change—steadfast like a northern star, consistently operational and influential regardless of the administration in power. From pre-independence times through post-independence periods up to the present day, the Civil/Public Service has been a constant presence, serving under diverse administrations, both positive and less favorable.
However, despite its loyalty and commitment to national progress, the Public Service has endured a history of being subjected to the commands of successive regimes. A series of circulars affecting employment practices, promotions, and succession have continuously disrupted its stability, causing instability, anxiety, and other negative repercussions.
The Nigerian Public Service has borne the brunt of turbulence unlike the military and paramilitary establishments, consistently navigating the volatile terrain of political and administrative leadership. One recent circular, issued by the Head of Civil Service of the Federation, Dr. Folasade Yemi-Esan, has once again disrupted the so-called “tenurization” of the Directorate cadre in the Public Service. This circular, known as Revised Public Service Rule No.020909, stipulates that Directors or equivalent positions in Ministries, Departments, and Agencies (MDAs) must retire after serving eight years in the post, while Permanent Secretaries will hold their positions for four years, renewable for another four years based on performance.
However, this rule has been met with skepticism, as it seems hastily conceived or inadequately implemented. It is unclear when the rule is meant to take effect, but it is assumed to have commenced on July 27, 2023, when the Head of Service issued the circular for strict adherence to the provisions of the New Public Service Rules.
Critically examining the rule, many believe it undermines the fundamental values upon which the Nigerian Civil/Public Service was established. The standard retirement age of 60 or working for 35 years, whichever comes first, offers Public Servants the security to carry out their duties impartially, independently, and without fear of arbitrary termination or political influence. This policy strikes a balance between job security and ensuring accountability and performance within the Public Service—a principle known as “Security of Tenure.”
Unfortunately, this principle is compromised by Rule No.020909, which will inevitably subject senior Public Service officials to constant fear, anxiety, and uncertainty. Such a situation could impact the effective delivery of government policies and programs, as the Public Service’s core function is translating these initiatives into tangible benefits for the nation.
It’s worth recalling that a similar rule was previously experimented under the tenure of Mr. Steve Osagiede Oronsaye as Head of Service in 2009. At that time, it was observed that certain Directors were targeted, leading to their removal and leaving a trail of disruptive manpower effects still evident today.
Furthermore, the latest revision of the Public Service Rules was approved by the Federal Executive Council in 2021, yet the Head of Service issued a Service Wide Circular for its implementation in 2023—two years later. One might question whether this delay was influenced by personal preservation or external pressures. When comparing the status and prestige of the Federal Civil Service with the military and paramilitary agencies, it’s hard to discern substantial differences among them.
In another viewpoint, rules and regulations typically come into effect on specific dates, as indicated within the rule itself. This is similar to amendments made to the Constitution by the National Assembly. While some rules are retrospective, others are assumed to take effect from the date of enactment, or when the legislation is signed into law. In the case of Rule No.020909, no specific date is mentioned.
This implies that Public Servants promoted to the position of Director before July 27, 2023, should not be affected. Only those promoted after this date would fall under the rule’s purview. Thus, Public Servants elevated to the position of Director in 2023 would retire in 2031—meaning they would have commenced their tenure with President Bola Ahmed Tinubu and conclude it after eight years. Such a scenario could be interpreted as politicizing the Public Service.
In light of the current imperative for stability in Nigeria, the nation should strive to avert self-induced challenges arising from policy inconsistency. The recent circular requires thorough comprehension and a resolution of its ambiguities before implementation. Hasty execution of an anti-service policy could prove detrimental. The crucial aspect now lies in achieving clarity, not in the speed of implementation. The time has come for a pause, for reflection.