Abuja---His Lordship, Hon. Justice Oyebiola Oyewumi of the National Industrial Court, Abuja Judicial Division has declared that the retirement of Kogi State Permanent Secretary, Mrs Audu Memuna from State Civil Service was done NOT in contrary to her condition of appointment.
The Court held that the submission of Memuna's counsel that she has not attained age 60 or served for 35 years and thus cannot be retired is without due consideration to the Public Service Rules of Kogi State.
From facts, the Claimant- Mrs Memuma had submitted that no Constitutional provision on tenure for holders of the office of Permanent Secretary and no such was mentioned in her letter of appointment that the purported tenure introduced by the Federal Government for Federal Civil Service was suspended vide a Circular dated 20th June 2016 urged the Court to grant her claims.
Memuna's maintained further that where a Permanent Secretary has exhausted his or her tenure of office of two terms of 4 years but has not attained 60 years of age or served for 35 years he/she automatically returns to the civil service.
However, the defendant- Kogi State Civil Service Commission submitted that once a person has been appointed as Permanent Secretary and has served a four-year term whether or not reappointed for another term, such person automatically and compulsorily retires from the Civil Service, that retirement of claimant from office is tantamount to removal as the claimant cannot return to Civil Service that the office of the permanent secretary is the highest office one can attain in the Kogi State Civil Service.
Counsel to the defendant, A.M Adoyi Esq with him G.P Yaugana Esq further argued that by the relevant provision of Public Service Rules the Memuna falls under an exception to the 60 years of age or 35 years retirement requirement urged the Court to hold.
In opposition, Counsel to the claimant, Z. Akubo Esq contended that the power of the Governor is only to appoint and remove and not to retire as the State civil service argued.
Delivering judgment, the presiding Judge, Justice Oyewumi held that the Constitutional provision which provides for the appointment of the claimant does not say of the power of the Governor to retire the claimant, it only says of its removal.
"The drafters of the Constitution never intended for a Governor to retire a Permanent Secretary, rather it empowers the Governor to remove/sack a Permanent Secretary. Of note is the fact that either retirement or removal, the officer concerned will vacate his or her office after the expiration of the tenure provided for in the PSR in this instant.
"The submission of the learned claimant's counsel that the claimant has not attained age 60 or served the defendant for 35 years and thus cannot be retired is without due consideration to the Rule 020810 (iv) which is a proviso to the general Rule of age 60 and 35 years in service.
"I, therefore, discountenance the argument of the claimant that she is entitled to go back to the civil service of the State. This I believe has put paid to the misconception of the claimant that she is among the categories of staff entitled to return to the civil service stipulated in the Constitution." Justice Oyewumi
