E x c l u s i v e : 45 FG directors in sit-tight drama…refuse to retire after tenure expired

The directors, according to documents seen by Daily Trust, were due for retirement on December 31, 2013 because they were promoted with effect from January 1, 2006.But they are sitting tight, in spite of directives from the Head of Civil Service of the Federation and the Foreign Affairs ministry’s permanent secretary asking them to go, […]

The directors, according to documents seen by Daily Trust, were due for retirement on December 31, 2013 because they were promoted with effect from January 1, 2006.
But they are sitting tight, in spite of directives from the Head of Civil Service of the Federation and the Foreign Affairs ministry’s permanent secretary asking them to go, in line with the policy on tenure for directors introduced in 2009.
That policy stipulates that adirector shall serve for a maximum of two terms of four years each.
Sources in the ministry said more than 30 of the affected directors are on foreign postings, serving as ambassadors, high commissioners, heads of mission or other positions at Nigeria’s missions abroad.
They have remained at their duty posts and failed to start any of the processes for their retirement, a source said.
“The bone of the contention is that these directors want the eight years tenure to be calculated from when a director actually assumes office and not from the notional date of promotion which is usually two to three years earlier,” an official said.
“The affected directors argued that their eight years tenure should count from the actual date of promotion in 2008 and not the notional date of promotion which is 2006 as they were not paid any entitlement from 2006.”
The head of service had issued a circular dated January 9, 2014, as well as an official gazette No. 2 Vol.1 of the same date, directing “all directors in the ministry of Foreign Affairs who are in this category should proceed on retirement.”
On January 16, Ambassador Martin I. Uhomoibhi, the ministry’s permanent secretary, also issued a memo asking the directors to retire in compliance with the civil service tenure system.
The memo said “directors whose date of last appointment is 1st January, 2006 and were expected to have retired on 31st December, 2013 but are still in service should immediately proceed on retirement.”
A source in the ministry told Daily Trust that the directors have dug their heels and refused to go for biometric data capturing meant for their pension payment.
They cite a judgment by the National Industrial Court on the December 16, 2013 in which Justice Benedict Kanyip ruled that the tenure policy should affect a director from the actual date that he assumes office.
The judge, in his ruling, said, “I hereby find and hold that eight-year tenure policy applies to directors who have actually spent eight years on the post, not notionally as provided for in the public service rules. This means that the tenure of the claimant as director with the 1st defendant ends on February 28, 2014.”
The judgment was delivered in favour of Ambassador Dozie Nwanna, who sued National Intelligence Agency (NIA) challenging his retirement.
Sources in the Foreign Affairs ministry told Daily Trust that there appears to be reluctance within the ministry to stop paying salaries to the 45 affected directors, even though the permanent secretary himself issued a memo asking them to retire.
Daily Trust learnt that despite directors’ refusal to comply with his own directive, the permanent secretary is still channeling memos through them.
There is also confusion in the ministry now as to whether to respect the head of service’s directives and stop passing circulars and other official communication through such officers.
The Foreign Affairs ministry declined comments when contacted on Friday.