Needless controversy over tenure policy in public service

The on-going controversy about the tenure policy in the Federal Bureaucracy is needless. It is deeply concerning, however, given that when a society, or an institution, decides to lie to itself instead of operating within the nexus of grace, honour, candour and truth, its integrity will be questioned.

I earnestly hope that the Federal Civil Service is not going in this wrong direction, on account of the alleged re-introduction of the tenure policy, based on an unproven claim that the policy was approved by the Executive Council of the Federation in July 2021 for implementation.

Let me state at the outset that I have nothing against the tenure policy. Indeed, I was actively involved in virtually all the critical steps, by the institutional champions and leaders of change, under the Olusegun Obasanjo Administration, to adopt the policy as one of the compelling measures for reinvigorating and transforming the Federal Civil Service.

It is instructive to note that the change champions of that era were Dr. Ngozi Okonjo Iweala, Mallam Nasir el-Rufai, Mallam Nuhu Ribadu, Madam Oby Ezekwesili, Bode Augusto, to mention a few, The then Head of the Civil Service of the Federation, Mallam Yayale Ahmed, CFR, complemented the economic team in guiding the process of change and transformation in the Federal Civil Service. He was ably assisted by a reasonable number of pro-change Permanent Secretaries and Directors in the Service.

Dr. Goke Adegoroye, pioneer Director General of the Bureau of Public Service Reforms (BPSR) was the architect of the introduction of the tenure policy, following his in-depth study regarding the succession crisis in the Federal Civil Service. The study from through 2004 through 2005, evidently, showed that the Service was fast losing its capacity to renew or regenerate itself, bearing in mind that Deputy Directors and Assistant Directors were far older than their Directors, and were retiring before them. The career progression of officers was gravely hampered by the perpetuation of younger officers as Directors and Permanent Secretaries, in the top hierarchy of the Service, without proven complementary evidence of better capabilities, integrity or commitment to the public service ethos. The Service witnessed an alarming situation in which some Directors and Permanent Secretaries were spending between 10-15 years at the pinnacle of the Service. It was glaring that it was both inappropriate and irregular within the normal charting paradigm for career progression in the Public Service of 60 years of age or 35 years of service, whichever comes first, for retirement of officers. Indeed, most of these officers were transferees from the States who were fast-tracked and promoted over their more experienced and better accomplished in-serving seniors and colleagues – a situation which bred resentment, demotivation, anger and depression in the Federal Civil Service.

Recognising the need to urgently redress this unfortunate situation, and restore the Service to the path of sanity and decorum, the tenure policy was later conceived, adopted, and recommended for service-wide implementation in 2005, as one of the key deliverables of the Presidential Committee on the Revision of the Public Service Rules and Regulations. The Committee was chaired by Mr. Stephen Oronsaye, in his then capacity as Principal Secretary to the President, with Dr. Goke Adegoroye as its Secretary. Dr Ngozi Okonjo Iweala, Mallam Nasir el- Rufai, Mallam Nuhu Ribadu and Madam Due Process – Oby Ezekwesili – indicated strong interest to serve on the committee in spite of the fact that it was against protocol, given that they were senior officials in government.

Following their insistence, and avowed commitment to ensure that the assignment was discharged honourably, and in the best interest of the nation, they were co-opted as members. It is on record that the members of the committee served honourably and patriotically, given that some of them (Permanent Secretaries and Directors) would have been affected by the immediate implementation of the policy then. This would have signalled an abrupt end to their careers in the Federal Civil Service. It is to their credit that they did not put any pressures on the Committee to rescind its decision, neither did they do anything untoward to hinder or obstruct the Committee from performing its duties. They are true patriots deserving of our respect and commendation.

The Tenure policy was eventually implemented in 2010 by Mr Stephen Oronsaye, in his capacity as Head of the Civil Service of the Federation after its gracious approval by the His Excellency, late President Musa Yar’Adua, GCFR, of blessed memory. There were concerns, then, however, that the implementation of the policy could have been better done by soft-landing the affected officers rather than giving them marching orders to quit immediately. It does appear as if the Federal Civil Service is re-enacting the same scenario, lately, through some notices given to senior Directors of eight years seniority to retire from Service on account of a tenure policy, included in the Revised Public Service Rules (PSR), purportedly approved by the Executive Council of the Federation in July 2021.

But, is it true that the Council approved the implementation of the policy in 2021? If the approval was indeed given in 2021, why was it not communicated by the Head of the Civil Service of the Federation, shortly after, through the issuance of relevant circulars, to announce the restoration of the tenure policy which was suspended by former President Buhari in June 2016? Given that the Memo presented to the Executive Council of the Federation on the subject would have been a Presidential Memo, would it have been possible for His Excellency, former President Buhari, GCFR, to take a Memo to Council and disregard the implementation of one of its key prayers? Was the approval of the tenure policy specifically listed as one of the prayers in the said Memo to Council, seeking its approval to lift the earlier suspension order given by the Buhari Administration on the implementation of the same policy in 2016? Was the Council adequately advised on the implications of restoring the policy in terms of anticipated number of officers to be affected, capacity gaps to be addressed, financial implications to government, in terms of terminal benefits and other soft-landing packages, to be availed the affected officers, to reduce the trauma of their forced exit from Service?

Are there any Council documents or papers to attest that the policy was validly approved? Regrettably, if, due to either an oversight, or an error of omission or commission, no prayer was canvassed for the lifting of the suspension of the tenure policy in the Memo to Council, would it be right, in administrative parlance, to infer that the President-in-Council, indeed approved the re-introduction of the tenure policy? Is the insertion of a clause on the tenure policy in the Revised Public Rules tantamount to its approval by the President-in-Council even though no specific prayer, or request, was raised on the matter to Council? Why did the failure to implement the policy escape the meticulous eyes of the erstwhile Secretary to the Government of the Federation, Mr. Boss Mustapha, who was known for his total devotion, steadfastness and commitment to ensuring that Council’s decisions were appropriately implemented by relevant authorities in government?

I have gone to this length to underscore that it would not only be an abuse of the system, but also a serious breach of administrative procedures, if the laid down processes and guidelines were not followed by the Head of the Civil Service of the Federation to secure the approval of Council for the implementation of the Tenure Policy. Without proper approval by Council, the policy can be said to be invalid, and its implementation will be contentious and improper. It is a settled case, in administrative parlance, that when a request is not couched in form of a specific prayer in a Memo to an authority, such request cannot be assumed to have been granted as a decision by the said authority, person or body. It can only serve as mere information bereft of the status of a proper approval.

Alternatively, if the policy was duly approved by Council, following a prayer to this effect in the Memo to the Council, then the Head of the Civil Service ought to have issued a circular on the restoration of the policy with appropriate guidelines for its uniform implementation across both the Federal Civil Service and the enlarged Public Service. The guidelines should also provide clarity on the dates to be used for the determination of the eight-year tenure for Directors and Permanent Secretaries – between Notional and Actual Dates – in order to ensure that only those within the approved dates are exited from the Service. It is also advised that the affected officers should be properly soft-landed to ease them of the trauma of exiting the Service unexpectedly. This responsibility cannot be delegated to Permanent Secretaries.

However, if the restoration of the policy was announced without proper approval by Council, it is expected that the Head of the Civil Service of the Federation will approach the President to secure his endorsement for the implementation of the policy without delay. The President is, however, at liberty to either endorse or reject the request based on the facts presented before him. Our beloved President, who has a special place in my heart, has committed himself to running an open, transparent and accountable government in the discharge of his stewardship role to the Nigerian people. It is my expectation that the President will ensure that the laid down processes of approvals, of relevant authorities, are followed in the implementation of the tenure policy in order to calm the raging storm in the federal bureaucracy, on account of the steps already taken by Permanent Secretaries to exit senior Directors from the Service, without clear guidelines on the uniform implementation of the tenure policy by the Head of the Civil Service of the Federation. .

Victor Mayomi is a public analyst, pioneer staff of the Bureau of Public Service Reforms (BPSR) and retired Director of the Federal Civil Service.