PUBLIC SERVICE RULES AND EFFECTIVE SERVICE DELIVERY IN THE ADMINISTRATION OF HIGHER INSTITUTIONS

SEMINAR PRESENTATION FOR THE TRAINING OF REGISTRY STAFF IN NIGERIA’S HIGHER EDUCATION INSTITUTIONS (HEIs)

By

Dr. J.E.T. Babatola JP, Ph.D,

FNIM, FCIA, FIMC, FCAD, MAUA (UK), ACIPM, HRPL

Protocols

Permit me to appreciate the entire management and leadership of this institution and the organizers of today’s administrative seminar. I also thank all participants from various institutions present at the delivery of this paper titled: PUBLIC SERVICE RULES AND EFFECTIVE SERVICE DELIVERY IN THE ADMINISTRATION OF HIGHER INSTITUTIONS.

INTRODUCTION

Our coming together here is another opportunity to appreciate the effect of academic networking, mentoring and research collaborations. With the nature and scope of my official responsibility at work, I should have turned down or set aside this invitation, save for the honour of the Registrar and his budding and amiable lieutenants who searched for and kept their tabs on me. The greatest advantage in every challenge or situation is the opportunity to learn, relearn and unlearn until we get it right. ?The task given to me look very simple to an ordinary eye, but it is daunting for a professional administrator working in an academic environment where the work is mainly teaching, research and community service.

CONCEPTUAL FRAMEWORK OF STUDY

In developing a conceptual framework around this topic, several ideas come to mind. The most important aspects were drawn from the theme of the paper. No doubt, it is impossible to discuss issues of public sector management, efficiency in service delivery and administration of an organization or higher institution without looking at the combination of principles to be discussed in the theoretical framework of this study. A brief analysis of the principles and theories would help to understand their position and influence in determining the total quality approach to the culture of a conventional work environment and standards, a proper definition or highlight of the subject matter suffices. The later part of the presentation will be more appealing to those who find themselves in the work environment with demands placed on them once they are able to have a grip of the subsets in the foundation of their calling and profession. To achieve this, we have to ask three questions and answer them in sequence.

Public Service Rules (PSR) connotes standard operating procedures and policy statement that regulate work and the condition of service in the public sector. PSR is designed as work guide and manuals for bureaucratic culture among public service employees.[1] It is designed to provide the following information:

a.??????Operational framework?

b.?????Regulatory principles

c.??????Charter of rights, privileges and duties of workers (public servants)

d.?????Details of sanctions for erring workers and guidelines for workers conducts ?

The Public Service Rules (PSR) is a guidebook for employee- employer relationship and stipulates conditions of their engagement. From the colonial period to 1974, it was known as “General Orders” and from 1974 to January, 2000, it was called “Civil Service Rules” and became known as the “Public Service Rules till date.”[2] ?There are contextual, textual and structural changes with historical import on PSR apart from the problems associated with its palpable linkage to the quality of the rules and its application for an effective public service system as the country within globalization pressures, need to be responsive to change because the PSR like 1999 Nigeria’s Constitution is an imposed document binding on workers without their input. [3]

Effective Service Delivery in Public Sector Organization is a medium of making effective service available to the people towards promoting the wellbeing of society and human development in a public choice theory, where workers are required to display emotional intelligence and apply service expertise and discipline to services provided to the society. Service delivery has been severally conceived therefore as a contact through which public administration interact or interface with customers (citizens, residents or enterprises) in sourcing for or providing services in form of data collection, documentation, retrieval or issuance of information and instructions, managing public affairs or handling private matters of public concerns and or interest, fulfilling civic duties and performing statutory functions stipulated by law or statutes, which should be delivered with the following aim and conduct:

a.??????In an?effective (desirable and purposive) ways

b.?????In a predictable (foreseeable) manner and

c.??????With a reliable and customer-friendly (dependable and trusting) approach.[4]

Common approach to ensure effective service delivery[5] requires taking the following steps:

i.???????????Identify business tools and commodity services required for a functional office/unit to perform its work

ii.???????????Identify the Key Stakeholders and their priorities for every service provided (business service)

iii.???????????Develop an Enterprise List (a set of utility concerns and interest) within a service area

iv.???????????Engage in regular interactions within and outside the organization (Socialize across Enterprise)

v.???????????Develop and execute laid down Work Plan of the organization

vi.???????????Measure levels of achievement in work provision (Service delivered)

vii.???????????Continuous improvement of the work environment.

The implication is to achieve the following:

1.?????Make approach to the work environment and attitude responsive and civil to safeguard personal integrity and dignity of labour

2.?????Promote public trust for the sake of probity and accountability and

3.?????Achieve results within minimum period to instill public confidence in the State and system.

SERVICOM as a Government Strategy for Effective Service Delivery - Government’s concern for the poor quality of public service, the evils of inefficiency and corruption that constitute impediments to effective implementation of government policy, resulted to a review of institutional environment for service delivery with a reflection on people’s views and experience of services and the need to draw roadmap for service delivery programs. A Presidential Retreat deliberated on the report and Federal executive Council entered into SERVICE COMPACT WITH ALL NIGERIANS (SERVICOM) to rededicate members towards “providing the basic services to which each citizen is entitled in a timely, fair, honest, effective and transparent manner.”[6]

The creation of SERVICOM is to therefore seek to introduce “Customer orientation” through a “service compact with all Nigerians; as part of the initiative of Federal Government and representatives of civil societies in March, 2004 to-orientate the Nigerian public as service users who should demand quality services as a matter of right, while the service providers delivers on agreed standard under contractual obligations that are formalized in the SERVICOM charter. Furthermore, objectives of SERVICOM[7] were to curtail the challenges of nation-wide service failure drawn from the diagnostic survey as follows:

a. Government services were not serving the people; and

b. Services were inaccessible, poor in quality and indifferent to citizen needs.

Under the charter, each Ministry, Department, Agency, Parastatals and Institutions are to operate a Ministerial SERVICOM unit responsible for spear heading strategy for SERVICOM compliance with a review and monitoring mechanism. SERVICOM Index is put in place for customer Grievance Redress mechanism reinforced by the publishing of each Ministry or Departments performance. Service delivery orientation was also meant to produce a role of state redefinition revolved around functional review to deregulate public service monopolies through delivery innovations and introduction of other delivery modes as franchising, outsourcing, management contracting, commercialization and sometimes outright privatization.[8]

Under SERVICOM, the civil service is expected to provide the basic services to which each citizen is entitled in a timely, fair, honest, effective and transparent manner. SERVICOM implementation has involved training, workshops, seminars and retreats for senior officers in the public service in order to sensitize this supervisory category of staff to the new orientation for the civil service. Sanctions are to be imposed on public servants if they fail to discharge their functions in accordance with established practice.

SERVICOM provided opportunities for public servants in Nigeria to rededicate themselves for selfless service to their clients with courtesy and with grace. It further presents the opportunity to reposition public service for effective service delivery while sensitizing the general public about their rights to insist on qualitative service and to complain and redress, so that public servants can be increasingly conscious that public rating of their individual performance would form part of their performance evaluation.

ADMINISTRATION OF HIGHER EDUCATIONAL INSTITUTIONS (HEI)

A reliable and directional understanding of administration of HEI within the Nigerian context relies on the National Policy of Education with a good understanding of the aim of Tertiary Education in Nigeria which constitutes the mainframe of the HEI. The National Policy on Education was designed to pursue the goals of tertiary education[9] as follows:

a.??????To contribute to national development through high level manpower training

b.?????To provide accessible and affordable quality learning opportunities in formal and informal education in response to the needs and interests of all Nigerians

c.??????To provide high quality career counseling and lifelong learning programmes that prepare students with the knowledge and skills for self-reliance and the world of work

d.?????To reduce skill shortages through the production of skilled manpower relevant to the needs of the labour market

e.??????To promote and encourage scholarship, entrepreneurship and community service

f.??????To forge and cement national unity and to promote national and international understanding and interaction.

The National Policy on Education also anticipate:

i.???????????????????The training of all teachers in tertiary education institutions in teaching methods and technique.

ii.?????????????????The need for tertiary institutions to explore endowments, consulting services and commercial ventures to reduce dependency on public funds.

iii.???????????????The development of local autonomy for each institution with the aim of attaining a tradition of academic freedom through the selection of students as prescribed by law; appointment, promotion and discipline of staff; research specialization and management and curriculum development. [10]

A combination of the above concepts ball down to the simplification of the topic to be addressed here today. Simply put, we are here to learn about:

1.?????The operating procedures and policy statement that regulates work and influences the role of workers and the reactions and expectations Managers of various institutions

2.?????The measure of service delivery demanded in our contacts, interactions and interface with the public and stakeholders towards performing our duty and managing the work environment to boost public trust and confidence while ensuring that we possess and apply the right tools at all times.

3.?????The characteristics of institutional autonomy, diversity, traditions (quality standards) and specialization to exercise levels of control, responsibilities and direction for the delivery of its set objectives in curriculum development, program diversification, Human Resources management, students intake and management and measured productivity for educational advancement.

LITERATURE REVIEW OF PERSPECTIVES AND MODELS IN DEVELOPING PUBLIC SERVICE RULES

Earlier in the introduction of this topic, I mentioned the fact that we need to appreciate certain theories and principles that guides the environment and process of public service functions and service delivery as follows:

a.?????Principles of Bureaucracy

b.?????Theories of Organization Behaviour

c.??????Principles of Public Administration in Democratic Society

d.?????Principles of Management and

e.??????Theories of Human Resource Management

I may not present these perspectives in an arranged format or sequential order as earlier mentioned, but I wish to touch briefly on each of them to be able to have an idea of why it is impossible to discuss the subject without having understanding of these subjects and knowing how they have influenced the intellectual process in the work environment overtime and space.?

Principles of Bureaucracy

Max Weber suggest that major functions of public administration are bureaucratic in nature just as bureaucratic?organizations exist in private settings and government. He was convinced that bureaucracies?have major similarities for improving the efficacy of administration of government organizations (i.e. government departments, cabinet departments, statutory and independent executive agencies, regulatory agencies by constitutional fiats and public corporations) and private institutions all over the world and where they exist, it reduces complex functioning of the organization. Hence, the sociology of public management culture of modern organizations requires the recognition of the key bureaucratic characteristics that cannot be ignored namely: Hierarchical Authority, Job Specialization and Formalized Rules. Weber therefore developed six principles of bureaucracy based on conviction that modern institutions have strong structures, defined rules, uniform system, human resource (mostly people) and one unified vision in arching organizational goals as follows:

a.?????Rules (Hierarchy – chain of command, system)

b.?????Process (Job specialization)

c.??????Procedure (Division of labor among workers)

d.?????Regulations (Formal rules/improved permanence and recruitment on merit)

e.??????System (Working procedures) and

f.??????Uniform patterns of management (Equality and Fairness).

Weber’s bureaucratic theory established the need for formal organizational structure to possess definite administrative activities in a systematic process so as to help the daily functioning of the formal organizations to promote transparency, efficiency and order among employees while relying on bureaucratic theory that later gained universal recognition due to its unique characteristics. A summary of the characteristics of bureaucratic management theory is as follows:

1.?????Hierarchy – It is a type of system that shows arrangements or departments from above and below or at the same level, in giving or receiving instructions while allowing employees to understand and follow chain of command from top to bottom and in making a reference point to those who possess legitimate authority. Managers and Administrators need hierarchy to effectively carry out their duties while making them to hold employees accountable.

2.?????Job Specialization – It surrounds work expertise of employees based on knowledge and qualification gained through education, training and experience to enable them become professionals at on particular job so that an organization can provide skilled workers the opportunity to fulfil their daily activities.

3.?????Division of Labor - This?is a vital and essential part of work for economic progress of the organization because it fosters efficiency, effectiveness and reduces total cost of products in work specialization wherever each employee is given specific task, target and responsibilities to enhance productivity, promotes efficiency and divide the work goals.

4.?????Procedures?– It is important to any organization and its processes in form of policy direction for daily operations to provide for terms of service, regulate and set minimum standards for employee performance, stimulate good conduct in the organization, improve decision making and boost the quality of internal processes. This is achieved whereby the organizational and work place procedures outline key specific required action plans among employees on how to handle certain issues and compliance measures.

5.?????Recruitment on merit – The consistent use of this process in any organization encourages diversity, promotes fairness, demands for integrity among managers in their duties, stimulate professionalism and ensures that workers selection and employment decisions are based on qualification criteria so that the work system?is good, more efficient and eliminates biasness and mediocrity through effective process supported by fairness, and an open structure with dedicated employees.

6.?????Fairness – It is necessary to ensure that standard practice evolves through impartial and just treatment among employees so that human behavior and conduct are regulated without favouritism to eventually reduce possibilities of discrimination by treating all individual in a similar manner and applying same rules and sanctions to discipline despite their position or status.

Theories of Organizational Behavior

The improvement and success of every organization requires its leaders to continuously look for ways and strategies to drive performance in the workplace experience and job satisfaction beyond improving employee productivity. Organizational behavior (OB) is a study of the interrelationship between individual employees, teams, and management to identify what sets the most effective workers apart so as to help understand employees’ interactions with each other and management, and what motivates them. It is therefore a field of study that investigates the impact of individuals, groups and structure on behaviour within an organisation and the results of the investigations applied to make organisations work more effectively. [11] A summary of these models are defined below:

Autocratic Model: The basis of this model is the power of the boss.[12] The essential features of this model is an Organisation with an autocratic environment where authority is oriented by the right of command over the people to whom it applies. The management is regarded as the best judge to think for and determine what is better for the organisation.[13] The employee’s orientation surrounds obedience to the boss, whether they respect the boss or not.[14]. ?The use of the model had been successful in instances where employees were lazy with a tendency to shirk work and where the work to be done is time bound as threats to withhold reward or wages by Managers compel workers obedience.

Custodial Model: The custodial model is to eliminate workers aggression towards the boss and their families. To dispel workers feeling of insecurity and frustration, this model focuses on improving employer-employee relations with the employee dependence is on the organisation rather than their bosses because good welfare package and development programmes stimulate organisation loyalty.

Supportive Model:???This model originated from the ‘Principles of Supportive Relationships”[15] with its main features as seeing the work processes as dependent on organization leadership whereby Management creates favourable organisational climate for workers to grow their capacities and achieve within their capability and the organization goals.

Collegial Model: The model addresses a common purpose of people based on the partnership between employees and the management and it creates a favourable climate in the organisation for workers to feel like partners in the organisation since they don’t see the managers as their bosses but as joint contributors and they accept and respect each other.

Ecological Models: suggest that no enterprise can exist in a vacuum without continuous interact with the environment since the functions of the organisation are affected by the environment that supplies the inputs converted into outputs with feedbacks. The interaction between the organisation and environment is known as ecological interaction (ecological approach) that deals with the environmental factors and complexities.

Empirical Models: are concerned with what should be done, in defining the activities that employees perform because organisational behaviour is concerned with actual activities in the organisations and workers behavior.

Ideographic Models: are developed to deal with specific cases or unique situations like single nation, single organisation, single group, individual, biography, historical episode etc. at micro-level analysis.

Non-Ecological Models: is the opposite of ecological model because it assumes that stability exist in the environment and that everything remains the same without foreseeing the future unlike what exist in the modern day world.

Normative Models: seek to find out that what should be done to produce optimum results through determination of optimum actions because it hinges on preparing the plans and policies of the management for the managers and the employees.

Nomothetic Models: deals with general situations and concerned with theory building on the macro level basis such as generalizations, laws, hypothesis which indicates regularity of behaviour and correlation between variables in dealing with situations like cross country, cross organisation, cross group, cross individual analysis of organisational system.

All these above models show clearly that no single model is best suited for any organisation unless a combination of models is used depending upon the circumstances.

The Role of Public Administration in Democratic Settings

An academic and former US President - Woodrow Wilson, defined?public administration?as a process that involves execution of public?affairs, policies and law in a systematic process. Though he proposed a distinction between politics and administration through a principle commonly known as politics-dichotomy, he agreed that administration and management are important to functions of every organization. Hence, the quality of?public?services is enhanced in democratic rule wherever the principles of public administration guide public?sector works in promoting team spirit, sharing of process, systems and procedures for a valuable government to serve the constituents (the people).

The process of administering policies and government affairs in public sector and the duty of providing services to people without profit making is public administration unlike business administration that is profit oriented because public administrators working in government agencies, helps in policy formulation, working, monitoring and controlling different sections of the economy and the State in the democratic society. Public administrators, therefore, exist in democratic governance to:

a)?????Enhance government values

b)?????Ensures the protection of citizens including the essential well-being of society

c)?????Strengthens bureaucracy

d)????Advise government

e)?????Engage in policy formulation and implementation

f)??????Promote the rule of law,

g)?????Sustaining efficiency

h)?????Promotion of accountability and

i)???????Commitment to professionalism

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The importance of public administration in democratic societies

1.?????Enhancing Government Values - through creating strong key values and trust in public institutions in areas of policy formulations to increase values and response from the people, elevate importance key components and values of government such as transparency, the rule of law, respect for human rights, protection of citizens, free and fair elections etc.

2.?????Protecting the Citizens - requires prevention from harm and violence, protection against violation of human rights and the provision of good food, shelter and basic human needs in all branches of government so that citizens can get required necessities for human development.

3.?????Service Delivery – is a means of contributing to the wellbeing of society and development by efficiently making public service available to people. In case of a disaster or wars, people are to be assisted to relief shelters, relocated and provided new homes, medication, etc. By public choice theory, service providers and administrators are motivated to save and show empathy through services provided to society as public officers deliver on policies and organize aids coming to the people within and outside the state.

4.?????Strengthening of the State Bureaucracy - is a basis of determining political legitimacy of government entities since government machinery are separate from the administration and policy making branches, to effectively promote transparency and accountability. Public administrators helps the public service to operate the bureaucratic systems on unique principles that quickly respond to needs of people with professionalism, expertise and sense of public values to ensure that human resource engender merits in recruitments, division of labor at work, accountability and chain of command in exercise of responsibility, and uniform rules in government business as elements of bureaucratic organizational structure.

5.?????Advises Government - in advisory role on policies and adjustment. So that elected officials are accountable through effective implementation of policies by government officials who sees to the needs of people and implementation of healthy policies.

6.?????Policy Formulation and Implementation– is important role in society because political leaders make policies, but the implementation, with strategize for feedback from the people lies with government officials towards making necessary adjustments since policies formulated can be legal and requires specific supervision.

7.?????Promotion of the Rule of Law - refers to promoting an ideology of equality before the law where every citizen are treated same by law. Public administrators ensures that application of laws are universal without favouritism so as to improve people’s lives, foster equal opportunities, reduce discrimination and nepotism and ensure healthy economy.

8.?????Efficiency - refers to avoiding wastages of material and resources by employing policies that promote funds conservation, and adoption of decisions made within proposed budget capacity to reduce time, through decentralization and breaking down of task proposed by new public management (NPM). This increases the ability to do things well, successfully, and without waste.

9.?????Accountability - enhances the important role of public officials by promoting good ethics and good governance to ensure people are treated as expected while the Government remains answerable and liable to people’s need in policy making, economy life, employment, infrastructural needs and environmental management. The machineries of Government can be held accountable if they fail to promote good governance.

10.?Professionalism - requires that people working with government should have the capacity to uphold professional ethos, traits and conducts where a display of commitment to equality, fairness, fairness to all people can help to improve capacity of government machinery as the workers advances in their professional activity at work.

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The Role of Human Resource Management

Human Resource Management (HRM) is an important field for both Administration and management because the process of employing powerful talented staff and a strategic workforce lies with the HR team. No doubt, HRM core functions and role in an organization cannot be ignored because the role of HR Managers is to:

a)?????Help develop framework of staff policies

b)?????Make sound decisions on staff policies

c)?????Monitor compliance and defaults for correction and policy sanctions if need be

d)????Evaluate staff in line with terms of contract and services provided

e)?????Communicate and control staff on regular basis on organization development

f)??????Manage and administer the control of information to staff within an organization

g)?????Formulation of strategic plan for implementation and evaluation of staff development.

To help an organization to significantly add value to its business interest, HRM remains the process of stipulating and viewing workers potential by archiving their desired outcomes and resources for the organization, through the formulation of strategic plans, training of employees, conflict resolutions, payroll adequacy, compensation and benefits as discussed briefly hereunder.

1)?????Formulating strategic plans - requires the contribution of people that play roles of human resource management in an organization, mainly the project managers, strategists and stakeholders. HRM sees to strategy formulation because companies need strategic plans to manage regular activities to attain competitive advantage. HRM team uses SWOT analysis and change management to calculate, timely study and implement strategies that evaluate the environment of the organization while using management tools like Delphi technique to estimate demand, market forces and competition.

2)?????Training of employees - is one of the oldest roles played by HRM in the organization by developing training and staff development programs for senior employees and managers to teach line managers in management and to improve skills of staff or generate more business opportunities because people with skills are very important to any organization.

3)?????Compensation and Benefits – payable towards any staff injured or who retires from work comes in form of cover for work or illness or injury or death on duty. Benefits however is a package often lump sum after stopping work since they are paid to employees in addition to salary such as medical, disability, life insurance and retirement benefits package

4)?????Payroll Preparation – are calculated by HRM or through established scheme depending on the organization and its staff strength so as to determine the gross salary and what a staff receives after statutory and other deductions. It is an important task to calculate number of days of work and account for funds approval to pay for rendered services.

5)?????Conflict Resolution - within the organization and dispute management among workers are tools deployed by Managers to make department to function with structures, as staff are constantly monitored by line managers for top managers because work targets can only be met when work relations among staff is healthy and worthy.

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CONTEXTUAL ANALYSIS OF NIGERIA’S PSR (2009)

Public Service Rule (PSR, 2009) contains Sixteen Chapters with some annexes providing relevant information on parastatals and the Nigerian Foreign Service Regulations as tabulated hereunder:

S/No.

Chapters and Subheads

Contents Guiding Terms and Condition of Service

1

RULES IN ORDER 1 – INTRODUCTION

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2

RULES IN ORDER 2 – APPOINTMENTS AND LEAVING THE SERVICE

RULE 1 – GENERAL

RULE 2 – RECRUITMENT

RULE 3 – RULES FOR APPOINTMENT ON PROBATION

RULE 4 – RULES FOR APPOINTMENT ON CONTRACT

RULE 5 – TRANSFERS AND SECONDMENTS

RULE 6 – ACTING APPOINTMENT

RULE 7 – PROMOTION

RULE 8 – LEAVING THE SERVICE

RULE 9 – CERTIFICATE OF SERVICE

3

RULES IN ORDER 3 – DISCIPLINE

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RULE 1 – INTRODUCLLON

RULE 2 – GENERAL INEFFICIENCY

RULE 3 – MISCONDUCT

RULE 4 – SERIOUS MISCONDUCT

RULE 5 – CONDUCT PREJUDICIAL TO SECURITY OF THE STATE

RULE 6 – RETIREMENT IN PUBLIC INTEREST

4

RULES IN ORDER 4 – EMOLUMENTS AND INCREMENTS

RULE 1 – EMOLUMENTS

RULE 2 – INCREMENT RULES

5

RULES IN ORDER 5 – ANNUAL PERFORMANCE EVALUATION REPORTS (APER) AND CERTIFICATE OF SERVICE

RULE 1 – GENERAL

RULE 2 – PROGRESS REPORT ON OFFICERS

RULE 3 – ANNUAL PERFORMANCE REPORTS ON SENIOR OFFICERS

RULE 4 – ANNUAL PERFORMANCES EVALUATION REPORTS ON JUNIOR OFFICERS

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6

RULES IN ORDER 6 – EXAMINATIONS IN LAW AND OFFICIAL PUBLICATIONS

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RULE 1 – GENERAL

RULE 2 – COMBINED CONFIRMATION/PROMOTION EXAMINATIONS

RULE 3 – COMPULSORY EXAMINATIONS FOR EXECUTIVE OFFICERS

RULE 4 – COMPULSORY EXAMINATIONS FOR ADMINISTRATIVE OFFICERS AND PROFESSIONALS

RULE 5 – FEES FOR INVIGILATORS AND EXAMINERS

7

Rules in ORDER 7 – MEDICAL AND DENTAL PROCEDURES

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RULE 1 – GENERAL

RULE 2 – FACILITIES FOR MEDICAL TREATMENT

RULE 3 – ABSENCE FROM DUTY ON ACCOUNT OF ILLNESS

RULE 4 – DEATH BENEFITS

8

Rules in ORDER 8 – COMPENSATION, INSURANCE AND PERSONAL EFFECTS

RULE 1 – LOSS OF PROPERTY

RULE 2 – LOSS OF LIFE

9

Rules in ORDER 9 – PETITIONS AND APPEALS

RULE 1 – GENERAL

RULE 2 – PETITION RULES

10

Rules in ORDER 10 – LEAVE

RULE 1 – GENERAL

RULE 2 – TYPES OF LEAVE

11

Rules in ORDER 11 – FREE TRANSPORT FACILITIES WITHIN NIGERIA

RULE 1 – DEFINITIONS AND GENERAL

RULE 2 – FREE TRANSPORT FACILITIES AVAILABLE

RULE 3 – MISCELLANEOUS RULES REGARDING FREE TRANSPORT FACILITIES

12

Rules in ORDER 12 – COURSES OF INSTRUCTION WITHIN AND OUTSIDE NIGERIA

RULE 1 – GENERAL

RULE 2 – DUTY VISITS OUTSIDE NIGERIA

RULE 3 – COURSES OF INSTRUCTION OUTSIDE AND WITHIN NIGERIA

13

Rules in ORDER 13 – ALLOWANCES

RULE 0 – ALLOWANCES

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14

Rules in ORDER 14 – INVENTIONS AND AWARD COMMITTEE

RULE 0 – INVENTIONS

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15

Rules in ORDER 15 – REWARD FOR OUTSTANDING SERVICE

RULE 0 – REWARD FOR OUTSTANDING WORK

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16

Rules in ORDER 16 – APPLICATION OF PUBLIC SERVICE RULES TO FEDERAL GOVERNMENT PARASTATALS

RULE 1 – GENERAL

RULE 2 – BOARDS/COUNCIL MATTERS

RULE 3 – APPOINTMENTS AND PROMOTIONS

RULE 4 – LEAVING THE SERVICE

RULE 5 – DISCIPLINE

RULE 6 – PETITIONS AND APPEALS

A Table on the Rules Contained in Public Service Rule (2009)

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The public service of a nation is the nerve-centre (live-wire) of the state and most developing countries of the world like Nigeria see the government as the vital organ play a vital role to sustain its political stability through promotion of rapid economic and social development that compels government to seek cooperation of all and sundry and in particular it employees to mitigate against crisis and disharmony that are prevalent in atmosphere of poverty, ethnic diversities, harsh economy and highly deplorable conditions of living of citizens. The functions of public service and the code of conduct for public servants in Nigeria can be ascertained from relevant provisions of the laws through the term “public service’’[16] which indicates thus:

a)?????The Civil Service: the career personnel of the presidency, ministers, Extra – Ministerial Departments, the National Assembly and the Judiciary.

b)?????The Disciplined Force and Para – Military organizations i.e. The Armed Forces, the Police and other Security agencies

c)?????The Parastatals or Public Enterprises.

The public service manages the day-to-day affairs of the state by administering public services and back stopping government operations[17], though the civil service is the operational arm of government (executive arm of public administration) charged with the analysis, implementation and administration of public policy. The Civil service remains a bridge between the government and the governed, and where an inefficient public service exist in a nation, it will constitute a barrier between the government and the people.[18] Furthermore the public service is created to implement and enforce economic, political and social policies of the government, design and implement public service, raise revenue for the government, ensure managerial, political and financial accountability, serving the people, monitor and evaluate the performance of organizations (Public, private or non –governmental) rendering service on behalf of government and drive all development initiatives and delivering quality public service (such as education, electricity, water and transportation).[19] In essence, the public service is crucial to the efforts of nation building as shown in the summary of the various chapters in the PSR indicated below:

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Chapter One consist of the exemptions to the rules on appointment and highlights of different statutory bodies that derived their powers from the Constitution (Rule- 010101). At Rules - 010102-010105, the key concepts and terms were noted for ease of reference and their use. It is crucial that public officers acquaint themselves with the provisions of the PSR so as to function efficiently on their schedules. ?

?

Chapter Two discussed issues of appointment – and specifies the requirements for different appointments into the Civil Service while recognizing the authority of Federal Civil Service Commission (FCSC) as a constitutionally empowered institution responsible for processing appointments to public offices in the Federal Civil Service. Where the MDAs recruit personnel on Gl. 01-06, it is done with the direction and authorization of the FCSC (See PSR -020101) The rule guiding appointment of junior staff on GL.06 and below in the MDAs is PSR – 020103 (a)- (c). The relevant rules guiding appointment of officers on posts graded GL. 07- 12 are detailed in PSR-020102 (i)-(v). These rules highlights requisite qualifications of prospective appointees and the processes involved and the rules regulating personnel behavior and conduct. PSR 020104 and 020105 are rules on promotion to all posts and incremental date of an officer to a post by appointment or promotion. PSR 020106 states that seniority in any department is determined by the entry date/ the date and timing on the assumption of duty certificate or as reflected in appropriate register. The minimum number of years an officer must spend in a post before being eligible for promotion is GL 06 and below - Minimum of 2 years; GL 07- 14 - Minimum of 3 years; and GL 15- 17 - Minimum of 4 years. PSR 020107 prohibits the employment of unpaid staff. PSR 020108 (i) - (ii) highlights the role of the Permanent Secretary as the custodian of staff personal records and the inalterability of date of birth by an officer on appointment. Recruitment was also defined as filling of vacancies by the appointment of persons not in the Public Service of Nigeria. It excludes transfer of officers from other Public Service in the Federation to the Federal Public Service (See PSR 020201). PSR 020202- 020204 detailed the types of appointment for trainees, probation in pensionable post, non-pensionable contract to a non-pensionable post and pensionable post for a specified period, acting appointment and the conditions that warrant each types of appointment, the processes involved and entitlements of affected officers in PSR 020301- 020412. PSR 020205-020207 also contemplate criteria for appointment into the Federal Public Service and procedures with the Rules of engagement (appointment, recruitment and transfers into the service). Section 5 of Chapter 2 of the PSR noted the process for effecting transfer and secondment of officers while SR 020502 defined “Transfer” as the permanent release of an officer from one scheduled service to another or from one class to another in the same service.” Secondment” was defined as a temporary release of an officer to the service of a Government, approved body or any recognized International Organization or body for a specified period.

PSR-020701- 020708 highlight the conditions, requirements and procedure for promotion, pointing out the vital roles played by the Federal Civil Service Commission and the Office of the Head of Civil Service of the Federation in facilitating the successful conduct of the promotion exercise. This section of the PSR needs to be read along with the Guidelines on Appointment, Promotion and Discipline for deeper appreciation of the criteria for promotion which serving officers must satisfy to be eligible. Rules of disengagement- termination, resignation, retirement, dismissal, retrenchment Leave. Rules -020802 and 020803 address the possibility of an officer’s relinquishment of his appointment during the probation period or as a result of his inability to secure confirmation of his pensionable appointment at the end of the probationary period. Rule -020804 –detailed the liabilities of an officer who resigns his appointment and forfeiture all claims to vacation leave- any vacation leave or passage privileges granted will be ex-gratia; while Rules -020806 stated two grounds on which an officer may be retired. With a proviso of when the service of an officer is no longer required due to the abolition of his office consequent upon re-organization of the office or palpable redundancy.

PSR- 020801 detailed a whole gamut of processes for leaving the Service with or without compensation. Termination/ relinquishment of appointment. Retirement may occur due to failure in promotion examination on three consecutive attempts on the same grade with on-the –job performance assessed to be below average or compulsory retirement. Rule- 020810 states that the compulsory retirement age for all grades in the Service is 60 years or 35 years of pensionable service whichever is earlier. Tenure policy was also stipulated where a Director 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, and no more (Rule- 020810). Rules- 020807 - 020809 highlight requirements for processing retirement benefits. Rules- 020901- 020905 detailed the processes for applying and requirements for receiving the Certificate of Service on leaving the service and the death of an officer.

Chapter Three contains rules guiding exercise of disciplinary control over officers in the Federal Public Service. Every serving officer is expected to acquaint himself/herself with these disciplinary rules and other regulations in force. Officers are to read these rules along with the “Guidelines on Appointments, Promotion, and Discipline” published by the Federal Civil Service Commission (FCSC). Although the FCSC is vested with the power to exercise disciplinary control over officers in the Federal Public Service, this power may be delegated to any member of the Commission or any officer in the Federal Civil Service. PSR 030201- defined “General Inefficiency” as a series of omissions or incompetence, the cumulative effect of which shows that the officer is not capable of discharging efficiently the duties of the office he holds. PSR 030202- 030208 detailed the processes of removing an officer from office on grounds of general inefficiency and the different punishments for related errant conduct. PSR 030301-defined“Misconduct” as a specific act of wrong- doing or an improper behavior which is inimical to the image of the service and can be investigated and proved. It can lead to termination and retirement. Immoral behavior, unruly behavior, drunkenness, foul language, assault, battery, refusal to proceed on transfer or to accept posting, habitual lateness to work, deliberate delay in treating official document, failure to keep record, unauthorized removal of public records, dishonesty, negligence, In all cases, a generally satisfactory record of conduct shall also be considered. PSR 030401- defined “Serious Misconduct” as a specific act of very serious wrong-doing and improper behavior which is inimical to the image of the service and which can be investigated and if proven, may lead to dismissal. Serious acts of misconduct include: falsification of records, suppression of records, withholding of files, conviction on a criminal charge(other than a minor traffic or sanitary offence or the like); absence from duty without leave, false claims against Government officials, engaging in partisan political activities, bankruptcy/serious financial embarrassment, unauthorized disclosure of official information, bribery, corruption, embezzlement, misappropriation, violation of oath of secrecy, action prejudicial to security of state, advance fee fraud (Criminal code 419), holding more than one-full time paid job, nepotism or any other form of preferential treatment, divided loyalty, sabotage, wilful damage to public property, sexual harassment, and any other act unbecoming of a public officer. ii. GL 07- 14 - by the Ministry/Extra-Ministerial Office or the relevant staff pool subject to confirmation by Federal Civil Service Commission. The disciplinary procedure for serious misconduct is spelt out in PSR – 030302- 030306. PSP 030407- 030601 detailed all other related offences which could be given the same consideration as serious misconduct. Rules detailing privileges, rights and entitlements- (promotion, medical, leave, allowances) – Promotion c) The officer sought to avail himself of services of the local National Health Service(where applicable) and could not obtain the requisite attention there under within a reasonable time. PSR 030302- 030314 highlighted the processes of commencing disciplinary action against an officer on grounds of misconduct and other sundry related offences in the service. i. GL 06 and below- by the Ministry/ Extra-Ministerial Office and GL. 15- 17 - by the Federal Civil Service Commission on recommendation from Ministry/Extra-Ministerial Office or the relevant pool routed through the Head of the Civil Service. Rule-030208 and 030301 point out that an officer’s appointment can be terminated for inefficiency or misconduct. Rule-030301 highlighted that the commission of act of wrong- doing or misconduct could lead to retirement when investigated and proven. Oath of Secrecy- Rule 030415 stated that “it shall be the duty of every Permanent Secretary/Head of Extra-Ministerial Office to ensure that all officers, employees and temporary staff in his /her Ministry /Extra-Ministerial Office who have access to classified or restricted papers have signed the Oath of Secrecy in the appropriate form before they are granted such access and that declaration so signed are preserved.”

On dismissal, Rule -030401 states that the commission of serious misconduct could lead to dismissal when investigated and proven while Rule- 030407 states that an officer who is dismissed forfeits all claims to retiring benefits, leave or transport grant, etc subject to the provisions of the Pension Reform Act, 2004. This rule has outlived its relevance due to its non-application and labour unions resistance to its enforcement making the Government to stop the production of the oath of secrecy forms, since the civilian rule. Unauthorized disclosure of official information- Rule 030416 stipulated that: “Every officer is subject to the Official Secrets Act (Cap. 335) and is prohibited from disclosing to any person except in accordance with official routine or with the special permission of Government, any article, note, document or information entrusted to him/her in confidence by any person holding office under any Government in the Federal Republic of Nigeria, or which he/she has obtained in the course of his/her official duties. Similarly, every officer shall exercise due care and diligence to prevent the knowledge of any such article, note, document or information being communicated to any person against the interest of the Government.” Publication and public utterances- Rule-030421 stated that “Except in pursuance of his/her official duties, no officer shall, without the express permission of his/her Permanent Secretary/ Head of Extra- Ministerial Office, whether on duty or on leave of absence: at the end of that era in 1999 when democratic rule was restored, ought to have been expunged outright from the PSR, were still retained despite the fact that the PSR had been reviewed four

Chapter Four concentrates on emoluments and increment.

Chapter Five discusses APER for the evaluation of staff, though a recent review proposed by the Office of the Head of Service is to phase out APER and adopt another Performance evaluation method.

Chapter Six discusses examination for staff due for promotion.

Chapter Seven articulates the Medical and Dental rules which covers medical examination in the Service, confidential medical documents, procedure for carrying out medical test, facilities for medical treatment are highlighted in PSR-070101- 070201. Rule 070205 states that the Federal Ministry of Health may authorize a refund of medical expenses (including charges for maintenance) incurred by an officer while overseas on leave or on duty provided. The illness was attributable to conditions or the climate overseas and the officer informed the representative of the Federal Government of Nigeria at the earliest date possible that he was unable to obtain the requisite attention through the National Health Service; and the officer showed reasonable diligence, expedition and economy in seeking and obtaining medical attention. Rule-070206 detailed the processes and entitlements for medical treatment overseas and the different categories of public servants that are entitled to overseas medical check-up at Government expense as well as the approving authorities for the different categories of officers embarking on such check-ups.

It is important to note that officers on Salary Grade Level 16 and above shall undertake mandatory medical check-ups locally once a year while officers on Salary Grade Level 12 to Grade Level 15 are entitled to medical check-ups locally once in two years. The resultant hospital bills of these check-ups are settled by the relevant Ministries/Extra-Ministerial Offices. Rules-070301- 070313 are rules showing the responsibility of an officer to his employer in the event of illness, the responsibility of the Health Care Provider, Medical Board, etc. Rules – 070314- 070318 are Sick leave rules. The maximum aggregate sick leave.

Merit: Promotions shall be made strictly on the basis of competitive merit from amongst all eligible candidates which can be allowed an officer, who is not hospitalized, during any period of twelve months shall be forty-two (42) days. But, an officer who is hospitalized is entitled to a sick leave for a period up to three months in the first instance on the strength of a certificate of an approved Health Care Provider. Rules 070401- 070402 highlighted the death benefits of an officer who died abroad or at home while still in active service. Rules 070401-070402 indicate the possibility of an officer’s exit from the Service on account of death.

Chapter Eight – this Chapter related to Compensation and Insurance, especially the Rule on loss of life (Rule- 080201).

Chapter Nine “Petitions and Appeals” clearly chronicled the rules and processes of making representations to the Government;

Chapter Ten contains the different types of leave that an officer could apply for as the need arises. “Leave” was defined as authorized absence of an officer from duty for a specific period. Rule – 100201 listed the different types of leave to include Annual leave, casual leave, maternity leave, study leave with or without pay, leave of absence, etc. Rule 100203 indicated that Annual leave shall be granted to an officer in accordance with his grade level as follows:

a)?????forfeit all claims to vacation leave- any vacation leave or passage privileges granted will be ex-gratia; Rule- 100217 defined Maternity leave as the authorized absence from duty of a serving female officer granted by a superior officer on account of pregnancy for prenatal and postnatal periods. A female officer that is pregnant is entitled to 16 weeks maternity leave at a stretch beginning not less than 4 weeks from the expected date of delivery with full pay. An officer must present a medical certificate of the expected date of confinement two months before that date (see Rule- 100218).

b)?????refund to the Government in full any sum of money owed to Government under the PSR or agreements entered into with Government, for his/her not discharging the obligations set out in such agreement; provided that any or all of such refunds may be waived at the discretion of the Government. The provisions of Regulation 15 of the Pension Reform Act 2004 suffice. Any female officer who is nursing a child shall be granted two hours off-duty every day. This facility shall be granted up to a maximum period of six months from the date she resumes duty from maternity leave (Rule- 100219).

Chapter Eleven – articulated the policy of “Free Transport Facilities within Nigeria” for public servants.

Chapter Twelve – articulated the policy on “Courses of Instruction within and outside Nigeria” for public servants on training.

Chapter Thirteen contains all the allowances that officers in the Public Service are entitled. An allowance is defined as a monetary benefit other than salary granted to an officer for a specific purpose. Rule -130102 listed all allowances payable to officers in Federal Public Service including kilometre allowance, disengagement allowance, Hotel Accommodation allowance, duty tour allowance, estacode allowance, books allowance, projects allowance, overtime allowance, etc which are periodically reviewed according to economic realities in Nigeria and as communicated to staff of MDAs through circulars issued by relevant offices in Federal Public Service.

Chapter Fourteen discussed “Inventions”. This rule prohibits the disclosure of Government’s official secrets. The democratic rule and its relative representative governance requires official secrets to be subjects to open public discourse by policy makers and with May, 2011 signing of the Freedom of Information Bill by Nigeria, as the second West African country, the FOI Act empowers Nigerians to request for information on government’s actions and activities to unearth facts, battle corruption and hold officials and institutions of government accountable. FOI Act has empowered the Nigerian Civil Societies nizations, Human Rights Advocacy groups and other pressure and interest groups to make Government accountable to the citizenry.

Chapter Fifteen discussed “Reward for outstanding work”

Chapter Sixteen addressed “Application of the Public Service Rules to Federal Government Parastatals”

General Appendix C covered “Nigerian Foreign Service Regulations”.

IMPORT OF PUBLIC SERVICE CONDUCT ON PSR AS A STATUTORY LEGISLATION

The public sector, exist in three realms where the government operates for the benefits of the citizenry,[20] unlike the private sector. The public service is a typical bureaucratic organization made up of public servants who are recruited on the basis of their skills/qualification and expertise within an organized sector. The general principle that applies to the conduct of public officials prescribes that they should be apolitical in government service towards working for the stability of the Government and its various institution. Major characteristics of the civil service[21] includes:

a.??????A non-partisan approach to policy and service of the government of the day

b.?????A team of experienced men and women with the technical and professional knowledge to implement government policies.

c.??????An orderly system for orderly and continuous administration of the country.

d.?????An indispensable service playing traditional roles of keeping public functions running no matter what changes occurs in the administration of the country.

e.??????An operator under rules that guides its conduct.

f.??????An entity operating with hives of activities and divided between Ministers and Departments with it set of public service functions and goals.

The public service manages the national resources on behalf of the citizens who are the sovereign and residual owners of these state resources; though it granted the running of the system to the elected and appointed officials. Elective as well as appointed officials consist of the President, Vice President, Governors and their Deputies, Ministers and commissioners, members and staff of Legislative Houses at National and State levels, the Chairmen of Local Government, Chairman and Directors of public corporations and companies with government controlling shares and heads of academic institutions among others.[22] ?The public service of a country performs official functions and provides social services to the people and the country in areas of transportation, communications, supply of water, roads, education, health, housing, power, public enterprises and other public utilities in the interests, of socio-economic justice apart from formulating and implementing laws and policies of government that are essential instrument for translating laws into reality.

In Nigeria, the government bureaucracy is the public service that enunciates and implements government policies, programs and projects in a service – oriented. On the other part, the Civil service is an organ ensuring that policies and programs of the government are carried out promptly. In the HEI sector, the Registry and the Bursary forms the bulk of the Civil Service of the tertiary education sector with the authority to exercise delegated powers in ensuring that the laws of each institution are obeyed by all members of the institution, while keeping custody of all records and seeing to implementation of policy decisions as it relates to them.

The role of civil service enables Government (Management) to subsist and the organization (the State) to remain and survive even when leadership changes. This is why the popular idea is sustained that Government never dies. The perpetual and changing nature of constitutionally elected government, endows it with specific peculiarities that makes it continuous since the institutions have been built to sustain it. The public service provides continuity when governments change in a country and survives revolutions and coup d’états due to its capacity to exhibit great sense of modesty, decency, neutrality, loyalty and professionalism (expertise). This is why the efficient and effective performance of public service is determined greatly by the level of development and stability of a nation’s administration system.[23]

The traditional duties of public servants as the machinery of government, is to collaborate with the ruling party that is in government after winning the election, whether they agree or disagree with their manifestoes or policies so as to ensure effective formulation and implementation of public policies and legislation designed for the citizenry. Every government around the world therefore acknowledges that the achievement of its social and economic development objectives depends on effective public services.[24]

The importance of the public service can be seen in the fact it gives effect to the policies and decisions of the government of the day whose responsibility it is to administer the affairs of the State. This is why public servants are barred in Nigeria from serving as editor or managers or financial sponsors or contributors of newspaper, magazine or journal except Departmental or staff magazine, professional journal, and publication by voluntary organizations; which are regarded as political/administrative in nature; and speaking in public or broadcast; or allowing themselves to be interviewed or express opinion for publication on question of political or administrative nature affecting the administration, public policy, defence or military resources of the Federation or any other country.

The crucial role of the public service to deliver social services to the citizenry calls for a critical examination of its effective service delivery in Nigeria since the public service is the main machinery of government for the implementation of public policies and decisions. Indeed, service delivery is the foundation of the public service because the primary responsibility of government is to deliver, promptly and efficiently, quality services to its citizens at affordable price. The ability of government to legitimately tax and govern people on its capacity to deliver wide range of public service required by the people and its population suffice.

The State owes its corporate existence and legitimacy to the efficient services just as every market failure in business is unquantifiable.[25] Public goods are usually allocated through decisions made by political process and considerations. However in Nigeria, service delivery is synonymous with ‘‘chaotic” “epileptic” “unsatisfactory” “shoddy”, “deplorable”, “sensitive”, “inflexible”, “non-cost effective” and characterized by negative attitudes and traits that are insensitive to the public as customers and their complaints, lateness; absenteeism, needless delay and red-tapism; palpable negligence, inexcusable incompetence, unbridled corruption, favouratism, lackluster performance and a general lackadaisical attitude to work,[26] though public service delivery is crucial to a greater percentage of a country’s population.

To therefore find a way and means to make Public service more efficient service delivery that is accessible, of high quality and effective, the government must be ready to face and address the challenges of providing basic public services for all citizen in a timely, fair, honest, effective and transparent manner. This is the gap and differences in public service failure and ineffective service delivery between Nigeria and other developing countries and a source of concern today. It is imperative for governments to adopt strategies to increase citizen participation in decision making in how public services are provided so that the pressure for greater citizen involvement in government would shift from political instability, public demonstrations and riots to building ethics and increasing quality of government services within available resources. [27]

A working definition of code of conduct consist of principles, values, standards, or rules of behavior that guide the decisions, procedures and systems of an organization in a way that may contribute to the welfare of its key stakeholders, and respects the rights of all constituents affected by its operations. Hence, PSR as code of conduct or terms and condition of office is a set rules to outline the responsibilities of, or proper practices for in public service just as it is applicable in private organizations, party, society, organization and states where related concepts of rules includes laws and conventions, treaties, ethical, honor and moral codes and religious laws.

A great challenge to the application of merit in public service relates to the conflicts of interest and political aspirations in the Nigerian Constitution that promotes Quota System and the Principle of Federal Character in place of meritocracy and competence. This principle though meant to ensure some form of ethnic balancing in appointments in Federal Government establishments or institutions has overtime been wrongly observed. The principle when applied to promotion of personnel ought to be based on competitive merit rather than representational balancing because it blatantly erode the spirit and letters of the 1999 Constitution of the Federal Republic of Nigeria with reference.[28]

MANAGEMENT OF HIGHER EDUCATION INSTITUTIONS

Tertiary education institutions[29] is a diverse system with components unified and organized into a structure for the purpose of coordinating, processing, determining and directing the application of human, physical, material, fiscal and academic resources to attain institutional goals while exercising discretion and controls, supervision and managerial responsibility for effective policing and service delivery in the activities of those colleges, polytechnics, specialized institutions (research and training centres) and universities[30] particularly in the areas of:

a.?????Curriculum and research concentrations

b.?????Programmes and academic discipline and faculties

c.??????Human Resources (Workers and work condition)

d.?????Students/Intakes and participants population/admission processes

e.??????Educational progress (accreditation and certification, inclusive)

On the other hand, parastatals are the operational arm of government ministers; that are established to provide services to the populace that are sufficiently complex to warrant their establishment as separate bodies outside the normal operations of government departments.[31]

Part 1 of the fifth schedule of the 1999 constitution has generally made provision in respect of code of conduct and work attitude for a public servant. Section 1 provides that, ‘a public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities’. This makes it imperative for all public officer not to put their personal interest above official duties and responsibilities, an aspect of the common law duty to act in good faith and a law which imposes the duty on public officers to show good faith in the discharge of their duties and responsibilities. The rule of good faith is not only strict and justified for any public officer faced with conflict of interest in decision making between his personal interest and official duty, but also requires an officer not to allow himself to be exposed to temptation whenever he experiences a situation where his personal interest is in conflict with his duty. To breach the rule is a breach of code of conduct, whenever personal interest takes precedent.

Section 2 (a) provides that, ‘public officer shall not receive or be paid the emoluments of any public office at the same time as he receives or is paid the emoluments of any other public officer’ and this also presupposes that there is a restriction on all public officer from receiving or being paid the emoluments of another public officer when he receives emoluments of other public office to prevent receiving or be paid emoluments from two different public offices,[32] though the rule did not prevent a public officer from engaging in farming. On the other hand, Section 3 prohibits maintaining or operating a foreign bank account by the President, Vice – President, Governor, Deputy Governor, and Ministers of Government of the Federation and Commissioners of the Governments of the States, and such other public officers or persons as the National Assembly may by law prescribed.

Section 4 ban a public officer from accepting more than remunerative position as chairman, director or employee of a company owned or controlled by the Government; or any public authority after his retirement from public service and while receiving pension from public funds. However, section 14 (a) exempt members of legislative houses from the provision of this section. Sub – paragraph (2) of this section also bans a retired servant from receiving any other remuneration from public funds in addition to his pension and the emolument of such one remunerative position. This provision disallows a public officer from benefiting twice from public funds, while there others that are yet to benefit even once.

Section 5 prohibits retired and ex – serving, vice president, Vice – President, Chief Justice of Nigeria, Governor and Deputy Governor of a State from serving or accepting employment in foreign companies or enterprises. This is due to the sensitive nature of offices they held. Section 6 also prohibits a public officer from asking or accepting property or benefit of any kind for himself or any other person on account of anything done or omitted to be done by him in the discharge of his duties. Sub – paragraph 2 prohibits the receipt by a public officer of any gifts or benefits from commercial firms, business enterprises or persons who have contracts with the Government while Sub – Paragraph 3 allows a public officer to accept personal gifts or benefits from relatives or personal friends, and donations or gifts to public institutions are allowed. The overall implications of these import and their stipulations is that a public servant must be loyal to government, honest to join in the fight against graft and reject gratifications since they are paid by government for doing their jobs.

Section 7 provides that President and his Vice, Governor and his Deputy, Minister and Commissioner, Permanent Secretary, head of any public corporation, university, or other parastatals organization shall not accept –

a.??????A loan, except from government or its agencies, a bank, building society, mortgage institution or other financial institution recognized by law; and

b.?????Any benefit of whatever nature from any company, contractor, or businessman, or the nominee or agent of such person.

Nonetheless there was a proviso in the Constitution which stipulates that the head of a public corporation (including a public university or other parastatal organization) may, subject to the rules and regulations of the body, accept a loan from such body.

Section 8 is an important aspect of good faith as a public officer is under obligation to refuse taking bribed or any form of inducement in executing his duties or responsibilities in form of cash payment as secret commission, discount against other transaction or bonus for service rendered. A bribe represent a particular type of secret profit and the law takes a very serious view of secret benefits as it can compel a public officer to compromise his position. Therefore, where it is established, it constitutes a violation of the code of conduct.

Section 9 provides that a public officer shall not do or direct to be done in house of his office, any arbitrary act prejudicial to the rights of any other person knowing that such act is unlawful or contrary to any government policy.

Section 10 provides that, ‘a public officer shall not be a member of belong to, or take part in any society the membership of which is incompatible the functions or dignity of his office’. This provision is similar to Rule 020210 of the Public Service Rule which provides that no public officer shall become a member of any secret society. Any public officer who is a member of such society shall renounce his membership forth with by be making a statutory declaration to that effect, or resign his appointment, or retire from the service. This rule encourages ethics and morality in the public service by restraining officers from cultism and other unwanted social behaviors.

Section 11 is another important provision of the code of conduct enhancing probity, honesty and good public image for the public servants. The section provides that public officer shall within three (3) months of being appointed into office and at the end of every four (4) years or the end of his term, submit to the code of conduct Bureau a written declaration of all his properties, assets and liabilities and those of his unmarried children under the age of 18 years. Any statement in the declaration that is found to be false shall deemed to be in breach of the code and any property or assets required by a public officer after any declaration required under the constitution and which is not fairly attributable to the income, gift or loan approved by the code shall be deemed to have been required in its breach unless the contrary is proved in line with the legal concept of public accountability, honesty and sanction against the misuse or misapplication of public funds.

Section 12 provides that any allegation that a public officer has committed a breach of in the provisions of the code be made to the code of conduct Bureau[33] who has power to investigate the alleged violation and if a case is found, institute an action at the code of conduct Tribunal. The Tribunal has the power to handle cases of breach of work ethnics and code of conduct. Where any public officer is found guilty of contravening any section of the provision of the code of conduct, then the tribunal shall impose punishment which include any of the following: -

a.??????Vacation of office or seat in any legislative house, as the case may be

b.?????Disqualification from membership of a legislative house and from the holding of any public office for a period not exceeding two years; and

c.??????Seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

?

COMPLIANCE WITH RULES AND CAUTION AGAINST ABUSE OF DUE PROCESS - A CASE LAW AND JUDICIAL PRECEDENT ON FLAGRANT VIOLATION OF PSR

The PSR is a document written to guide the working environment, practice and conduct of public officials in government agencies. It has been decided as judicial precedent that a claimant’s appointment in the Federal Civil Service is subject to Public Service Rules (PSR), which is a subsidiary legislation that confers a status of employment protected by statute on the Civil Servant. A case law is reviewed hereunder to learn about due process in staff discipline.

A legal action was instituted by a complainant on 9th June 2017 in seeking reliefs against the Defendants who terminated his appointment from office and which seems to be wrongful, unlawful and void requiring a Court Order for his reinstatement and an Order directing the 3rd and 4th Defendants to pay him all salaries, allowances, emoluments and benefits which are due from 6th April 2016 among others. After pleadings were exchanged and intervening applications taken, the trial commenced on 14th November 2018 where the Claimant testified as CW1 while an Administrative Officer in the Office of the Accountant General of the Federation testified for 3rd and 4th Defendants as DW1. The 1st and 2nd Defendants did not call evidence, but rested their case on the defence of 3rd and 4th Defendants with hearing ended on 17 October 2019 and parties filed Final Written Addresses on 16th December 2019.

In view of the above, the Court noted that PSR as the condition of service is applicable to the Claimant’s employment. See FUT, YOLA vs. MAIWUYA (2013) All FWLR (Pt. 677) 753 at 762. In view of the above, the Claimant’s appointment enjoyed statutory flavour and his removal from the employment should comply with the Public Service Rules and where the termination of his employment was done in violation of the Public Service Rules, without tendering same in evidence, the Rules remains a legislation that is entitled to judicial notice of it. By this provision of the Public Service Rules, the Claimant was a junior staff as at the time of termination of his appointment. In Rule 030103 of the Public Service Rules, the Federal Civil Service Commission has delegated full disciplinary powers to permanent secretaries and heads of extra-ministerial offices in respect of officers on GL 13 and below, but the power of dismissal is delegated only in respect of officers on GL 06 and below. However, where a staff in the public service of the Federation is to be removed from service for any act constituting serious misconduct, the Public Service Rules has set out the procedure to be followed before the termination of the employment of the staff or his dismissal in PSR 030302 to 030307 as directed in Rule 030403 with a summary of the procedure prescribed in these provisions is as follows:

i.???????????????????The officer is issued a written query stating the grounds on which he is to be disciplined

ii.?????????????????Requested to make a written representation in defence of the allegations.

iii.???????????????In case of dismissal, the officer must be given access to documents used against him, if necessary, the officer may be interdicted.

iv.???????????????After considering the written representation of the staff and the superior officer is not satisfied that the staff has not exculpated himself and considers that the officer should be dismissed, such action shall be taken accordingly.

v.?????????????????Where necessary, a board of inquiry may be set up to investigate the officer; the officer shall be invited to appear to defend himself; the officer shall be allowed to put questions to witnesses, where any was called; the officer shall be given copies of documents used against him

vi.???????????????If after considering the report of the board of inquiry, it is decided to remove the officer, such action shall be taken.

The Public Service Rules is meant to give the officer facing the disciplinary action a fair hearing before the dismissal or termination of his employment. It is an established principle that a civil servant can only be validly removed from service if the procedure prescribed by the PSR is followed and he is given fair hearing. The termination of the appointment with retrospective effect from 15th March 2017 on allegation of unauthorised disclosure of official information, receiving bribe and divided loyalty showed he was never summoned or invited to the Junior Staff Committee to defend himself . Hence, he was not given fair hearing and the procedure for termination of employment in the Public Service Rules was not followed because the allegations shift the burden to 3rd and 4th Defendants to prove that the Claimant was given fair hearing before his employment can be terminated.

It is obvious that the 3rd and 4th Defendants have the authority under PSR to exercise disciplinary action against the Claimant but their claim that Rules 030402 [i], [j], [s] of the Public Service Rules provided the procedure which they followed to terminate the Claimant’s appointment is not valid since Rule 030402 merely mentioned offences which amounted to serious misconducts in the civil service. Items [i], [j], [s] mentioned serious misconduct of unauthorised disclosure of official information, bribery and divided loyalty respectively. The rule did not prescribe or set out any procedure for disciplinary action nor prescribe the procedure for termination of employment of a civil servant. Its provision is to the effect that disciplinary proceedings can be commenced against an officer whether or not a criminal case has been initiated against the officer. The rule specifically provided in sub rule [c] that where an officer acquitted in criminal proceedings initiated against the officer is to be disciplined, the usual procedure is to be followed. Thus, nothing in rule 030411 prevented the 3rd and 4th Defendants from following the procedure for disciplinary action stipulated in the Public Service Rules.

The content of the letter shows that the 3rd Defendant met on 26th January 2017 and considered the allegation of unauthorised disclosure of official information and act of divided loyalty against the Claimant and upon their recommendations, the 4th Defendant approved the termination of the Claimant’s appointment on the basis of his reply to query after a further proceeding on the case against him as referred to the Junior Staff Committee to consider and make a finding. The Claimant was never summoned or invited to appear before the Junior Staff Committee on any allegation before his employment was terminated on premise that he was considered guilty of the allegations. By the provisions of Rule 030307 [iii] of the PSR, the Claimant’s appointment could be terminated provided a disciplinary committee considers the allegations against the Claimant, and the Claimant is given fair hearing by the disciplinary committee since fair hearing is a constitutional right of the Claimant before any lawful removal from employment on disciplinary grounds.

Supreme Court has established these facts in following cases;

a)?????In JUDICIAL SERVICE COMMISSION OF CROSS RIVER STATE vs. YOUNG (2013) LPELR 20592 (SC), where the Supreme Court held that: “It is basic that where a body, whether judicial, quasi-judicial, Administrative or Executive in inception, acts judicially in the sense that it is to determine the civil rights and obligations of a person, or to find him guilty or liable of a fault, he must be given a hearing before the issue can be properly decided. This is as enjoined by the provision of Section 36(1) of the Constitution of the Federal Republic of Nigeria 1999 – the grundnorm. Even then, adjudicating bodies like tribunals, though not expected to act fully like of Court of law, are enjoined in their hearing of matters to act in good faith and fairly listen to both sides before deciding”.???????

b)?????In GARBA vs. UNIVERSITY OF MAIDUGURI (1986) 1 NWLR (Pt. l8) 553, the Supreme Court held that fair hearing implies that the person knows what the allegations against him are; what evidence has been given in support of such allegations; what statements have been made concerning these allegations; the person has a fair opportunity to correct and contradict such evidence and the body investigating the charge against such person must not receive evidence behind his back. See also SAIBU vs. KWARA STATE POLYTECHNIC, ILORIN (2008) LPELR-4524(CA); FOLURUNSHO vs. WAEC (2011) All FWLR (Pt. 556) 422 at 480-481

A breach of the Claimant’s right to fair hearing without inviting him to defend himself and to have the opportunity to know what the committee considered against him or the basis for their conclusion against him shows that their recommendations cannot stand as ?the procedure in the PSR was not followed to the latter before the Claimant’s employment was terminated to the effect?that the termination of the Claimant’s appointment is unlawful, null and void. See in OKEME vs. CIVIL SERVICE COMMISSION, EDO STATE (2001) FWLR (Pt. 36) 873 at 884, where it was held that where a civil servant is removed from office without recourse to or in the manner not in line with the applicable rules, the termination will be null and void and liable to be set aside.

The Court therefore held that since the Claimant sought an order for his re-instatement and payment of his accumulated salaries, it is the law that where there is an improper removal of an employee from an employment protected by statute, the consequence is that the employee has not been removed from office. In other words, once dismissal or termination of employment is declared null and void, there is nothing legally standing in the way of the employee from having his or her job back with its attendant rights, benefits and privileges. See KWARA POLYTECHNIC ILORIN vs. OYEBANJI (2008) All FWLR (Pt. 447) 141 at 199. In such a situation, the court has the power to order the reinstatement of the employee as the Claimant is entitled to a consequential relief of reinstatement and payment of his outstanding salaries and entitlements from the time his employment was unlawfully terminated. See OMIDIORA vs. FEDERAL CIVIL SERVICE COMMISSION (2008) All FWLR (Pt. 415) 1807; OKEME vs. CIVIL SERVICE COMMISSION, EDO STATE (supra) at 884. Hence, the Claimant’s claims succeed except relief 3 as Hon. Justice O. Y. Anuwe made the following orders:

1.?????An Order is hereby made re-instating the Claimant to his employment in the civil service forthwith without any loss in grade level.

2.?????The 3rd and 4th Defendants are to pay to the Claimant all his salaries, allowances and entitlements accruing to him from 4th April 2017 till the date of this judgment and

3.?????A Cost of N100,000.00 awarded to the Claimant against the 3rd and 4th Defendants.

The implication of this case study shows that the application of the PSR to guide the terms and conditions of service is devoid of sentiments and ill-feelings. Any aspect of the rules to be applied or used for or against an employee must be exercised primarily with the goal to ensure that the rules are the rules and that the rules are applied in the spirit of the rule of law and the Constitution. ?

CONCLUSION: A RIDER TO PROPER APPLICATION OF PSR AND FOCUS ON EFFECTIVE SERVICE DELIVERY - PUBLIC SECTOR AND ITS INEFFECTIVENESS

Public service is the vehicle for public service delivery and governance. The quality of the public service largely determines the pace of development of any nation. This is because of the crucial role public servants play in the formulation and implementation of programs of governments. The public officers who are meant to propel the engine of societal growth through the bureaucracy must as matter of principle set good examples to other members of the society by acting above board. The Constitution of the Federal Republic of Nigeria 1999 (as amended) has therefore provided the template for the kind of behavior expected of public service in terms of probity, accountability, integrity, public trust and standard practice.

The Public Service Rules (PSR) as a guiding legal instrument has been very helpful in regulating the operations and behavior of all the operatives in the Service. Without the rules, anarchy would have prevailed. However, a wrong application (misapplication) or failure to apply the rules would not lessen the importance of PSR in the effective serve delivery and management of Nigeria’s public service. Whatever stands as the shortcomings or inadequacies of the PSR are part of the problems of the Nigerian society negatively impacted on the public sector governance which should be addressed by way of reforms and institutionalization of the Nigerian Public Service. Many of the problems bedevilling the nation’s public service and quality of effective service delivery include the following:

a)?????Corruption:

b)?????Cultural deficiency, Tribalism and Ethnic politics:

c)?????Impartiality, Discrimination and Nepotism:

d)????Federal Character Principles and Mediocrity;

e)?????Resistance to Innovation and Change and Misapplication of Rules:

f)??????Building a Code of Conduct Culture -

g)?????Continuous training for the acquisition of managerial skills, leadership potentials and professional education -

CITATIONS

[1] https://www.researchgate.net/publication/347221576_Understanding_the_Nigerian_Public_Service_Rules

[2] The rules or regulations of any human enterprise or organization set out its guiding principles and policy, acceptable conduct, modalities for actualizing organizational objectives and the basic rights, duties and entitlements of its personnel. Any organization is as effective as the rules guiding its operations. The Nigerian Public Service can be likened to an organization of human activity which is governed and regulated by rules. Read: Research Article Volume 5 Issue 4 - June 2020 - DOI: 10.19080/ASM.2020.05.555666 - by Dr. John Olushola Magbadelo - Understanding the Nigerian Public Service Rules, June 05, 2020 - Director, Centre for African & Asian Studies, Nigeria

[3] Ibid.

[4] See https://www.sigmaweb.org/ourexpertise/service-delivery.htm

[5] See https://www.cio.com/article/250267/7-steps-to-excellent-service-delivery.html

[6] As the engine of Federal Government’s service delivery initiative, SERVICOM was to:

a.??????Make the Ministries, departments and Agencies more customer focused in their service delivery procedures and processes;

b.??????Heighten public awareness about damaging effects of service failure to the Nigerian society.

c.???????Promotion attitudes by which citizens would recognize the need to challenge service failure as their civic rights as well as their civic responsibility. (SERVICOM office 2009).

[7] SERVICOM is based on five fundamental principles:

1.??????Conviction that Nigeria can only realize its full potential if citizens receive prompt and efficient services from the state.

2.??????Renewal of commitment to the service of the Nigerian Nation

3.??????Consideration for the needs and rights of all Nigerians to enjoy social and economic advancement.

4.??????A vow to deliver quality services based upon the needs of citizens.

5.??????Dedication to providing the basic services to which each citizen is entitled in a timely, fair, honest, effective and transparent manner.

[8] ?Olaopa, 2008

[9] See Babatola J.E.T. & Babatola, M. Overview of Nigeria Tertiary Education (1947-2020): The Structural Analysis and Policy Framework, A chapter in the Book on University Administration in honour of Chief Dr. J.G.O. Adegbite. Ed. Dr. O.O. Awosusi, 2021

[10] See Babatola J.E.T. & Babatola, M. (2021)

[11] OB uses systemic studies to improve predictions of behaviour that would be made from management instructions. However since each organisation is different, it is better to find OB model that suit every particular organisation so that the challenges and opportunities for the managers to offer guidance and create an ethically healthy working environment can be entrenched. Several authors have concluded that OB is the behavioral dynamics that occur between groups and individuals in an organizational setting using five important models of organizational behaviour namely: Autocratic Model, Custodial Model, Supportive Model, Collegial Model and Other Models.

[12] Max Weber defined power as “the probability that one actor, within a social relationship, will be in a position to carry out his own will despite resistance” while Walternord defined it as, “the ability to influence flow of available energy and resources towards certain goals as opposed to other goals. Power is assumed to be exercised only when these goals are at-least partially in conflict with each other.”

[13] D. McGregor in his theory X is a conventional view that leads to tight control of employees at work to manage organisations properly.

[14] F.W. Taylor developed this theory of scientific management as a conventional view of management because employees sometimes reluctantly give minimum performance at work to satisfy the subsistence needs of themselves and their families while others give higher performance because of a drive to overcome challenges. David C. McClelland (of Harvard University) also stated that “some people like to work under strong authority because they feel that their boss is a natural born leader.”

[15] According to Rensis Likert, “The leadership and other processes of the organisation must be such as to ensure a maximum probability that in all interactions and all relationships with the organisation, each member will, in the light of his background, values and expectations, view the experience as supportive, and one which builds and maintains his sense of personal worth and importance.”

[16] Public service as contained in section 277 (91) of the Constitution of the Federal Republic of Nigeria of 1979 now section 169 of the 1999 Constitution as encompassing the civil service (Ministerial departments), statutory corporations or parastatals, judiciary, legislature, educational institutions, financially wholly or principally owned by government at the State, Local and Federal levels, Nigeria Police or Armed Forces and other organizations in which the Federal or state governments owned controlling share or interest.

[17] ?Kyarinpa, 1996

[18] Stephen Oronsaye, the former head of the Nigerian civil service in a newspaper - The Nation of September, 28, 2010 - described the civil service rightly

[19] O.F Ayodele, ‘Performance Measurement and Management, ‘ a publication of the National Open University, School of Business and Human Resources Management, Lagos <ww.nou.edu.ng? Accessed on 20/06/2014.; En.m.wikipedia.org/wiki/code-of-conduct. Accessed on 05/02/2022; In its 2007 International Good Practice Guidance, Defined and developed an effective code of conduct for organization, available at https://www.ifac.org- ISSN 2053-6321(Print), ISSN 2053-6593(Online)

[20] Section 318 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)

[21] The meaning of Public or Civil Service as established by Nigerian Constitution are provided in sections 171, 172, 206, 208 and 318 and in section 10 of Third Schedule of the 1999 Constitution, as amended; Global Journal of Politics and Law Research, Vol.3, No.1, pp.61-69, March 2015, Published by European Centre for Research Training and Development UK (www.eajournals.org),?ISSN 2053-6321(Print), ISSN 2053-6593(Online)

[22] The 1999 Constitution of the Federal Republic of Nigeria, which is the grund norm that creates the public service, provided for the Revised Public Service Rules, 2006 for the public servants to obey and follow.

[23] Naidu, 2005

[24] Nti, 1996

[25] Olowu, 2008; Appadorai; Harold Lasky; Claude Ake - The goods and services provided by government are known as public goods and services that requires the exclusion, jointness of use or consumption, and not easily divisible under individual or sectional monopolies since they consumed jointly and separately by a large number of people and difficult to exclude people who do not or cannot pay.

[26] Okon, 2008

[27] Olowu, 2008.

[28] Section 39(1) of the 1999 Constitution states thus: “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference”, and subsection(2) says: “Without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions” [3]

[29] See https://www.worldbank.org/en/topic/tertiaryeducation#1 Tertiary education are formal post-secondary education, universities, colleges, technical training institutes, and vocational schools instrumental in fostering growth, reducing poverty, and boosting shared prosperity, a prerequisite for innovation and growth: employable and productive, higher wages that benefits the individual and society. Tertiary education institutions prepare individuals by providing them with adequate and relevant job skills and preparing them to be active members of their communities and societies.?The economic returns for tertiary education graduates are the?highest in the entire educational system.?There are around 220 million tertiary education students in the world. Countries all over the world have undertaken major reforms and restructuring of their tertiary education systems to enhance their reach and effectiveness, by ensuring that national policies prioritize equitable access, improved learning and skills development, efficient retention, and considerations of the employment and education outcomes sought by graduates and the labor market while academic degrees are strategically tailored to fit the needs of local economy and the society so as to realize the gains of basic and secondary school education by access and progression to tertiary education to increase and sustain their nation’s economic success and social development.

[30] See https://www.igi-global.com/dictionary/higher-education-administration/33452

[31] The laws setting up parastatals do not only allow considerable flexibility as against the rigid demands of the Civil Service for high degree of accountability, though it guaranteed a measure of autonomy. This autonomy is subject to government general direction of their operations to ensure the achievements of the desired objective without sacrificing accountability.

[32] Emolument in Section 19 of the Fifth Schedule of the 1999 Constitution as amended means; Any salary, wage, over – time or leave pay, commission, fee, bonus, gratuity, benefit, advantage (whether or not that advantage is capable of being turned into money or money’s worth), allowances, pension or annuity paid, given or granted in respect of any employment or office. Sub – paragraph (b) of the section also restricts public officer from engaging or participating in the management of running of any private business, profession or trade except where his employment is on part – time basis.

[33]?The Code of Conduct Bureau has mandate to ensure corrupt free public service in Nigeria as provided under paragraph 3 of the Third Schedule, Part 1, Section A of the 1999 Constitution of the Federal Republic of Nigeria by receiving declarations by Public Officers made under paragraph 11 of Part 1, of the fifth schedule of the 1999 Constitution, examining the declarations in accordance with the requirements of the Code of Conduct or any law of Nigeria, retention of the custody of such declarations and make them available for inspection by any citizen of Nigeria on such terms and condition as the National Assembly may prescribe, compliance with and where appropriate enforce the provisions of the Code of Conduct or any other related law and receipt of complaints of non-compliance with the Code of Conduct, investigation of the compliant and where appropriate refer such matters to the Code of Conduct Tribunal.