The House of Representatives has upturned President Muhammadu Buhari’s directive on the extension of a Permanent Secretary whose year of service was extended by the President.
The lawmakers directed that Jamila Shu’ara, until now a Permanent Secretary of the Federal Ministry of Education cease to be a civil servant with immedite effect.
The Head of Service of the Federation (HoCSF), Winifred Oyo-Ita was directed to carry out the order and ensure that all emoluments enjoyed till date by Shu’ara since February 2016 when she was formally disengaged were returned.
The directive was handed down yesterday at the ongoing investigative hearing on the issue between the Zakari Mohammed-led Committee on Basic Education and Services and the HoCSF.
The lawmakers said the President has no power under section 171(2)(d) of the 1999 Constitution or any other existing law to extend or elongate the tenure of Permanent Secretary whose tenure has expired be refluxion of time or age, whichever comes first
Following its investigation, the Committee, without recourse to the defense of Shu’ara by the HoCSF resolved that “The Head of Service should invoke relevant rules to recover all the emoluments paid to Mrs Jamila Shuara for the period of the extension.
“That the Government should ensure that Civil service rules and procedures be strictly followed in future
“That the retirement date of Dr Mrs Jamila Shuara remains 20th Feb.2016
“That Dr Mrs jamila Shuara should vacate office immediately as her retirement date remains 20th Feb.2016 and
“That the Head of Service should ensure compliance to this subject matter,and report back to the House in four weeks’ time”.
The HoCSF in her written defense insisted that the President had the power to appoint or disengage any civil servant citing Section 171 (2) (d) of the 1999 Constitution (as amended).
Oyo-Ita said though she called for the record of service of Dr Shuara from the Civil service Commission but yet to get a reply, she however insisted that the President derived such powers for such an extension.
In her letter of defense to the Committee dated 29th March, 2017 the HoCSF stated that, “I write to acknowledge the receipt of your letter Ref: No NASS/HR/CT./.017/1013/230 dated 28th March, 2017 received today 29th March, 2019, and to respectively furnish the Chairman with the following:
“I did not write any letter dated 17th March, 2016 with Ref. No. HCSF/1013/1 on the tenure of Dr (Mrs) Jamila Shuara as Permanent Secretary, rather the last letter wrote on this matter dated March 17th, 2017 with Reference No. HCSF/1013/1 was to Chief of Staff to the President.
“I have sought Mr President’s permission to release a copy to the Committee and I am awaiting His Excellency’s response”.
On the extant laws and rules guiding appointment, extension or appointment, Section 171 (2) (d) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) vests the President with the power to appoint and remove Federal Permanent Secretaries, and by virtue of Section 11(1) (a)(c) of the implementation Act Cap 123 laws of the Federation 2004, whoever has the power to appoint can re-appoint or reinstate.
“It is instructive to note that personal files of all of all civil servants employed into the Federal Civil Service through the Federal Civil Service Commission are with the Commission, I have requested for the personal file of Dr (Mrs.) Jamila Shuara from the Commission and I’m expecting the response”.
Notwithstanding, the Committee went ahead with its resolution that Mr President lacked the powere to ask Shu’ara to stay on.