SECTION ONE: PERSONNEL MANAGEMENT
CHAPTER 1: OVERVIEW OF CIVIL SERVICE IN NIGERIA
1.1 WHAT IS THE CIVIL SERVICE AND WHY IS IT NECESSARY?
The Civil Service is a body or organ which enjoys continuity of existence. Civil Service Commands a pool of experience and know-how for implementing government policies. A Civil Servant is required to assist in formulating and implementing the Policies approved by Government irrespective of his or her personal or private opinions or attitude on the issue. The Civil Service is indispensable, irrespective of the type of regime, whether military or civilian.
1.2 RECRUITMENT IN THE CIVIL SERVICE
Recruitment of Federal Civil Servants is vested on the Federal Civil Service Commission whose establishment is provided for, in the constitution. The Federal Civil Service Commission has no power for the appointments that are the exclusive responsibility of the Head of Service or other Arms/Functionaries of Government. e.g. A Judge of the Supreme Court of Nigeria and any officer in the Nigeria police force, Principal Representative of the Republic of Nigeria Overseas such as Ambassadors and High Commissioners. From time to time, the Federal Civil Service Commissioner delegates the authority in respect of appointments, promotions and discipline of specified staff to Minister/Extra-Ministerial Department.
The Civil Service Commission can delegate some of its power to Ministerial-Extra Ministerial Departments. To be eligible for appointment into the Federal Civil Service, every applicant must: Not be less than 18 years and not more than 50 years of age. Possess such minimum qualification as may be specified from time to time including computer literacy. Be certified by an authorized Health Care provider as medically fit for Government service; and Possess a testimonial of good conduct from last employer or if not previously employed from the last school or college attended; and Possess requisite qualifications as provided for in the Scheme of Service. No Officer shall be appointed into Civil Service without authorization for appointment from the office of the Head of Civil Service of the Federation and Supervisory Board in the case of parastatals.
RULES FOR APPOINTMENT ON PROBATION
Officers on probation will be required to serve for two years before being confirmed in the service. This period may be reduced to not less than six months by deduction of any previous period of Civil Service rendered satisfactorily in post of cognate status involving similar duties. The period of probation shall not exceed two years unless an extension is approved by the Federal Civil Commission.
RULES FOR APPOINTMENT ON CONTRACT
A contract appointment is a temporary appointment (which does not provide for the payment of a pension) to a post or the level to which appointment is made by the Federal Civil Service Commission for a period.
TRANSFERS AND SECONDMENTS
Transfer: Is the permanent release of an Officer from one scheduled service to another or from one class to another.
Secondment: means the temporary release of an officer to the service of another Government, approved body or any recognized international organization or body for a specified period.
Senior post: Transfer from one senior post to another or from one class to another within the Federal Public Service require the prior approval of the Federal Civil Service Commission and an officer must have served for a minimum period of 6 months in his original Department before seeking transfer to another Department.
Junior Post: Transfer from one junior post to another within the Federal Public Service from one Department to another may be arranged, with the consent of officers being considered for transfer, at the mutual-discretion of their Permanent Secretaries/Head of Extra-Ministerial Office.
PROMOTIONS: The Minimum number of years that an officer must spend in a post before being considered eligible for promotion shall be as follows:
Grade Level of staff Number of years in post
01 – 06 Minimum of 2 years
07 – 14 Minimum of 3 years
15 – 17 Minimum of 4 years
Promotions shall be made strictly on the basis of competitive merit from amongst all eligible candidates.
GL. 06 and below by the Ministry/Extra Ministerial Office
GL. 07 – 14 by the Ministry/Extra Ministerial Office or the relevant staff pool subject to confirmation by Federal Civil Service Commission.
Ministerial Office or the relevant pool routed through the Head of the Civil Service.
1.3 CODE OF ETHICS IN CIVIL SERVICE
There is, therefore, a need for enhancing the image and the future of the service and in doing this the following points should be borne in mind:
Discipline: The Civil Service must be well disciplined. Rules and regulations should be adhered to and the interests of the Service must be paramount.
Senior Officers should prescribe codes of conduct which they themselves can and should comply with. Those who wish to lead other people should always remember that effective leadership involved exemplary character, hard work and transparent integrity. Junior Officers should be familiar with Government Regulations and rules regarding good conduct. They must learn to obey lawful orders and established authority.
Loyalty: Civil Servants should be loyal to the Government which has given the opportunity to service it.
Honesty: Civil Servants should be honest in doing their duties and in their dealings with the public. They should realize that they are paid salaries for the duties which they perform.
Courage: Courage is one of the greatest assets to the best civil Servants.
Courtesy: It costs nothing to be polite to your colleague and the general public served by you. Polite instructions are usually more easily obeyed. Members of public always cherish courtesy and consideration from Civil Servants.
Cooperation: All the staff in the section of a Ministry should cooperate as a team in order to realize the overall purpose of the section. The Officers and staff of a Ministry should work together to attain the goals of the Ministry.
Tact: Tact means skillfulness in handling a difficult situation without being offended to the people involved. That is very necessary in the service.
Industry: In this sense, industry means useful hard work. You have been engaged to serve your Ministry or Department in some way. In turn your Ministry or department serves the Government and Members of the Publics.
Tidiness: Civil Servants should keep their offices tidy not only because visiting members of the public served by them are thereby more favorably impressed but also because an orderly office gives an idea of the state of minds of its staff. Workers should also ensure that they are properly dressed to do their duty in the office or work place. It is a good idea to dress in a business – like manner, not as if one were going to a formal party or beauty queen parade.
Helpfulness: You may have heard many people alleged that it is now difficult for people to get help from those they do not know.
Kindness: Being kind does not imply that you should give to people what they are not entitled to. Kindness involved respecting the privileges and rights of officers, employees and members of the public; irrespective of the fact that those concerned are unknown to you.
Attitude to public funds:
• Do not waste funds. If you are frugal in spending your money, you should be equally frugal in spending public fund.
• Collectors of Government Revenue should be conscientious in doing their duty. They should not make any rebates as a favour to anyone. In this regard, it is not kindness to reduce the revenue due to Government on your own account or at your own level. Justify every expenditure and ensure that economy is insisted upon, e.g. `discourage wasting public funds on ill-advised purchases near the end of the financial year.
• As a good citizen and a good civil servant, discourage financial abuses by making suitable reports through the correct channel.
• Made-in-Nigeria goods should be preferred to imported counterparts.
National Consciousness/patriotism: The ideas held by people influence their actions. Therefore, Civil Servants should aim at inspiring, any good idea without being unrealistic. One Nigeria is by far and always superior to any town or clan or ethnic group in the Federation. Therefore the interest of any group should not be pursued at the expense of what is best for Nigeria.
A Good Image of the Service: The Government of the Federation is the largest employers of labour. The Civil Services, therefore, have a leading role to play in the social and economic affairs of the country.
Efficiency: The level of efficiency can be improved upon. Training-consciousness will help in this regards. In the national interest, training institution in the federal service should be open to Civil Servants in the State. As a matter of policy, staff may attend training courses in the states. It would be extremely rewarding if the training of some Federal and State personnel could be held jointly to promote a community of experience of such trainees. The amenities provided by Governments should be equitably distributed among the people without reference to political parties, ethnic and religious groups. As Civil Servants are paid from various taxes collected from the people, government servants should help to ensure that;
• Equal opportunity for employment is provided for all job seekers
• Under no circumstance should bribes and gift be taken from applicants for jobs. Interviews for employment should always be conducted by a duly constituted panel. It should never be left in the hands of a single person. Proper record should be kept of the interview for future reference.
• Nepotism or any other form of preferential treatment should be avoided.
• In the service, privileges should be granted only those who are qualified for them.
• Civil Servants should never dispense private or personal favour with public fund and property.
• Justice and fair play should be extended to all concerned
• Ensure that public business is always discharged in accordance with existing laws, rules and regulations of government and with expedition.
• Discourage discriminatory practices to individuals and groups
• All irregularities reported should be investigated and corrective action promptly taken.
1.4 REFORMS AND REVIEW IN THE CIVIL SERVICE
The Federal Civil Service has undergone some reforms and reviews. Despite all these well meaning efforts, by the late 1980s, the Nigeria Civil Service was far from being ideal. It was tradition-bound, somewhat ponderous and showing signs of deterioration and several undesirable characteristics of which the following were the most prominent: over centralization, incessant conflicts between cadres, little emphasis on result and concrete performance, counter-productive, separation of authority from responsibility at the topmost hierarchy, dangerously low staff morale and productivity, inappropriate staff development practices. Indeed at that point in time the civil Service was displaying a patent inability to cope effectively with the challenges of modem, complex and development-hungry society.
Little wonder then that the Government in 1988, through the Civil Service Re-organization Decree No. 43, Instituted Civil Service Reforms. The Reforms were designed to ensure the following; enhanced professionalism, alignment with the presidential system of government, decentralization and delegation, combination of authority with responsibility, enhanced accountability, enhanced checks and balances, general modernization, enhanced effectiveness, efficiency and speed of operation.
The Office of the Heads of Civil Service was abolished; the Minister, in addition to being the Chief Executive also becomes the Accountability Officer in place of the Permanent Secretary; the post of Permanent Secretary was also abolished. In its place, a new political post of Director General was created. The Director-General then held office at the pleasure of the President, and would vacate office with the Government which appointed him unless re-appointed by an incoming administration. The Civil Service was professionalized in order to stimulate specialization and expertise. In this regard, an officer was expected to make a career in a particular Ministry or Department. Each Ministry was restructured along departmental lines to reflect the basic functions and areas of concern of the Ministry, each department was sub-divided into Divisions, each Division was sub-divided into Branches, and Branches were sub-divided into sections. Each Ministry or Extra-Ministerial Department was allowed to have three common services departments, viz department of personnel Management, Department of Finance and Supplies and Department of Planning, Research and Statistics and not more than five operations department.
However, it later became clear that the Civil Service Reforms had some limitations. There was inadequate knowledge about the provisions of the Reforms on the part of some Civil Servants and top Government Functionaries. There was absence of strong commitment on the part of top Government functionaries to the implementation of the reforms partly as a result of misconception that full implementation will erode their powers. There was also the problem of human resistance to change and fear of the unknown on the part of many Civil Servants. It was, therefore, not surprising that Government decided to set up a Civil Service Review Panel, popularly known as the Arida Review Panel which recommended the abrogation of the Civil Service Re-organization Decree No. 43 of 1988. It also recommended a return to what the Civil service was before the introduction of the reforms, it should however, be noted that some parts of the reforms have survived.
1.5 EMPLOYMENT CONTRACT
INTRODUCTION
Employment is a contract between two parties, one being the employer and the other being the employee. An employee is “A person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed.” An employee contributes labour and expertise to an endeavor of an employer and is usually hired to perform specific duties which are packaged into a job. In most modern economies, the term “employee” refers to a specific defined relationship between an individual and a corporation, which differs from those of customer or client. Contract of employment” means any agreement, whether oral or written, express or implied, whereby one person agrees to employ another as a worker and that other person agrees to serve the employer as a worker; “Employer” means any person who has entered into a contract of employment to employ any other person as a worker either for himself or for the service of any other person, and includes the agent, manager or factor of that first – mentioned person and the personal representatives of a deceased employer.
EMPLOYER-WORKER RELATIONSHIP
An employer’s level of power over its workers is dependent upon numerous factors, the most influential being the nature of the contractual relationship between the two. This relationship is affected by three significant factors: interests, control, and motivation. It is generally considered the employers’ responsibility to manage and balance these factors in a way that enables a harmonious and productive working relationship. There are different types of employment. (a) Test employment (b) Time limited employment and (c) Normal employment, which has no time limit (except for retirement etc.) It can still be ended by personal reason, crime, lack of work tasks, etc.
CONTRACT OF EMPLOYMENT
It is a category of contract used in labour law to attribute right and responsibilities between parties to a bargain. The main object of labour law has been, and will always be a countervailing force to counteract the inequality of bargaining power which is inherent and must be inherent in the employment relationship. A contract of employment usually defined to mean the same as a “contract of service”. A contract of service has historically been distinguished from a “contract for services”, the expression altered to imply the dividing line between a person who is “employed” and someone who is “self employed”. The purpose of the dividing line is to attribute rights to some kind of people who work for others. This could be the right to a minimum wage, holiday pay, sick leave, fair dismissal, a written statement of the contract, the right to organize a union, and so on. The assumption is that self employed people should be able to look after their own affairs and therefore, the work they do for others should not carry with it an obligation to look after these rights. Employment contracts are written agreements that detail the workplace duties and responsibilities of the employee and the compensation that the employer provides in return. Employment contracts typically lay out the wages, bonuses, vacations, medical leaves (including maternity), stock options, and other benefits and compensation that the worker receives for fulfilling his/her obligations to the employer. These obligations are also specified in the contract, as is the duration of the worker-employee arrangement, the authority of the employee, ownership of intellectual property, and dispute resolution mechanisms. They also include termination provisions, and they may also include post-employment confidentiality, non-compete, and non-solicitation clauses. Section 7 (1) of Labour Act: No later than three months after the beginning of a worker’s period of employment with an employer, the employer shall give to the worker a written statement specifying the name of the employer or group of employers, and where appropriate, of the undertaking by which the worker is employed; the name and address of the worker and the place and date of his engagement, the nature of the employment; if the contract is for a fixed term, the date when the contract expires; the appropriate period of notice to be given by the party wising to terminate the contract, due regard being had to section 11 of this Act; the rates of wages and method of calculation thereof and the manner and periodicity of payment of wages; any terms and conditions relating to hours of work, or holidays and holiday pay, or incapacity for work due to sickness or injury, including any provisions for sick pay; and any special conditions of the contract.
If after the date to which the said statement relates there is a change in the terms to be included or referred to in the statement of the employer – shall, not more than one month after the change, inform the worker of the nature of the change by a written statement; and if he does not leave a copy of the statement with the worker, shall preserve the statement and ensure that the worker has reasonable opportunities of reading it in the course of his employment, or that it is made reasonably accessible to the worker in some other way. A statement under subsection (1) or (2) of this section may, for all or any of the particulars to be given by the statement, refer the worker to some other document which the worker has reasonable opportunities of reading in the course of his employment or which is made reasonably accessible to the worker some other way. If the employer, in referring in the said statement to any such document, indicates to the worker that future changes in the terms particularized in the document will be entered in the document (or recorded by some other means for the information of persons referred to in the document), the employer need not under subsection (2) of this section inform the worker of any such change which is duly entered or recorded not more than one month after the change is made.
DRAFTING EMPLOYMENT CONTRACT:
Business owners who are considering introducing employment contracts into their operation should consider the following: Employment contract that are imposed unilaterally, rather than by genuine mutual agreement between worker and employer, are at substantial risks in the courts. If the employee is found to have entered into the contracts under duress, the agreement will be struck down. Employment contracts are an effective means of mitigating the risk of business damage at the hands of ex-employees. Consider collaborating with the employee in order to create a comprehensive contract. Determine whether termination of the contract is “at will,” (i.e. either the employer or the employee can end it at any time), or “for cause,” (that the agreement between the parties can be terminated only if the employee is found to have committed a legal offence or other stipulated act of dishonesty, fraud, etc.). Consultants typically urge businesses to make certain that the language of the contract conveys at “at-will” message throughout, thus avoiding legal potential entanglements that can arise if the arrangement is seen as a permanent job. Examine the regulatory/legal environment; make sure that the employment contract adheres to pertinent laws before you introduce such agreements. Use employment contracts only for legitimate business relationships. Compensation for services rendered should be reasonable and should be distributed only when they are in fact completed. Employment contracts are not “one-size-fits-all.” Severance arrangements should be reviewed on a regular basis to determine their suitability for inclusion in employment contracts. Dispute resolution mechanisms are often incorporated into them.
WORK FOR HIRE
A “work made for hire” is—- a work prepared by an employee within the scope of his or her employment; or – a work specially ordered or commissioned for use as contribution to a collective work. The determination of whether an individual is an employee for the purposes of the work made for hire doctrine is determined under the common law in which a court looks to a multitude of factors to determine whether an employer-employee relationship exists. In determining whether a hired party is an employee, we consider the hiring party’s right to control the manner and means by which the product is accomplished. Other factors relevant to this inquiry are: the skill required; the source of the instrumentalities or tools; the location of the work; the duration of the relationship between the parties; whether the hiring party has the right to assign additional projects to the hired party; the extent of the hired party’s discretion over when and how long to work; the method of payment; the hired party’s role in hiring and paying assistants; whether the hiring party is in business; the provision of employee benefits; etc.
JOB DESCRIPTION
A job description is a list that a person might use for general tasks or functions, and responsibilities of a position. It may often include to whom the position reports, specifications such as the qualifications or skills needed by the person in the job, or a salary range. A job description is usually developed by conducting a job analysis, which includes examining the tasks and sequences of tasks necessary to perform the job. The analysis considers the areas of knowledge and skills needed for the job. The job description might be broadened to form a person specification or may be known as Terms of Reference. A job description may include relationship with other people in the organization: Supervisory level, managerial requirements, and relationship with other colleagues.
A job description needs not be limited to explaining the current situation, or work that is currently expected; it may also set out goals for what might be achieved in future. Prescriptive job descriptions may be seen as a hindrance in certain circumstances. Through technology, the workplace is changing, and identified basic skills that employees must have to be able to change with it: General skills (Learning to learn & Foundation Skills), Basic skills competence (reading, writing, or computational standards), Communication skills – Oral & Listening, Problem-solving & Creative thinking, Self-esteem, Motivation/goal setting, Employability/career development, Group effectiveness and Interpersonal, Negotiation and teamwork, influence, organizational and leadership. Person specification is an extension of the job description that profile the type of person needed to do a job. Elements include attainments, specialized skills, interests, personality, etc.
COLLECTIVE BARGAINING AND AGREEMENT: Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions. It consists negotiations between representatives of a union and employers (generally represented by management,) in respect of the terms and conditions of employment of employees, such as wages, hours of work, working conditions, training, health and safety, overtime, etc. The rights to procedures and responsibilities of trade unions. A collective agreement functions as a (group) labour contract between an employer and one or more unions. “Collective bargaining” is the process of arriving or attempting to arrive at a collective agreement.
EMPLOYEE HANDBOOK
Employees are expected to act in a professional manner at all times and to treat co-workers and members of the public with respect and dignity. These work rules are fundamental standards of conduct for all employees. They do not supersede any applicable collective bargaining obligations. A violation of these work rules may result in disciplinary action. Employee handbook contains these rules including references to and/or dress code, confidentiality policy statement, code of ethics, drug free workplace policy, etc. Employee Handbook is more than a rule book; it gives the opportunity to communicate the company’s mission and culture together with setting expectations. It contains a roadmap to assist in business decisions which impact employees.
1.6 EVIDENCE AND FACT PROVING
INTRODUCTION
Evidence is information that may be presented to persuade the court/enquiry panel of the probability of the truth of some fact asserted in the case, i.e. information by which facts tend to be proved or disproved. Examples of facts that may need to be proved are: the identity of the defendant; that the defendant is an employer; that an employee was ‘at work’ at the time of incident say when he/she was injured. The elements of an offence will appear as items on the evidence matrix that is submitted to the Approval Officer as part of the prosecution report. A trial is a fact-finding exercise and, with its verdict, the panel makes a decision as to whether all elements of the offence have been proved. There are rules that govern the conduct of these rules of evidence and of procedures.
EVIDENCE: Evidence is that which demonstrates, makes clear, or ascertains the truth of the very fact or point in issue. Evidence may be considered with reference to the nature of the evidence, the object of the evidence, the instruments of evidence and the effect of evidence, the object of evidence is next to be considered; It is to ascertain the truth between the parties. It has been discovered by experience that this is done most certainly by the adoption of the following rules, which are now binding as law: The evidence must be confined to the point in issue. The substance of the issue must be proved. The affirmative of the issue must be proved.
CIRCUMSTANTIAL EVIDENCE: The proof of facts which usually attend other facts sought to be, proved; that which is not direct evidence. The facts are directly attested, but they only prove circumstances. This is of two kinds, namely, certain and uncertain.
CONCLUSIVE EVIDENCE: That which, while un-contradicted, satisfies the judge and jury. It is also that which cannot be contradicted. The record of a court of common law jurisdiction is conclusive as to the facts therein stated.
DIRECT EVIDENCE: Applies immediately to the “fadum probandum”, without any intervening process.
EXTRINSIC EVIDENCE: External evidence, or that which is not contained in the body of an agreement, contract, and the like. It is a general rule that extrinsic evidence cannot be admitted to contradict, explain, vary or change the terms of a contract or of a will, except in a latent ambiguity, or to rebut a resulting trust.
NATURE OF EVIDENCE: As to its nature, evidence may be considered with reference to its being Primary evidence, Secondary evidence, Positive, Presumptive, Hearsay and Admissions. It is a rule that the best evidence, or that proof which most certainly exhibits the true state of facts to which it relates, shall be required, and the law rejects secondary or inferior evidence, when it is attempted to be substituted for evidence of a higher or superior nature. When primary evidence cannot be had, then secondary evidence will be admitted, because then it is the best.
FORMS OF EVIDENCE: Witnesses, Expert Witnesses, Hearsay, Authentication and Identification, Polygraph Tests, Voice Stress Tests, etc. The Best-Evidence Rule, Judicial Notice. Some matters that are relevant to a trial are so obvious that it will not require evidence to prove them – for example, that it is dark outside at midnight, or that April 30, 1995, fell on a Sunday. Past Bad Acts
WITNESSES: Credibility depends on whether the witness accurately perceived what he or she described; whether the witness retained an accurate memory of that perception; and whether the witness’s narration accurately conveys that perception. In order to be allowed to testify, the witness generally must take an oath, must be personally present at the trial, and must be subjected to cross-examination. These conditions promote the factors that lend themselves to the witness’s credibility. Witnesses must only give evidence of facts observed by them, and not evidence of their opinion (i.e. evidence of inferences drawn from those facts). However, witnesses may give evidence of opinion as a means of conveying relevant facts observed by that witness. For example, an assertion that a person was drunk may be a convenient way of describing what the witness saw, heard or smelt which led him or her to form that opinion. The proceeding will allow such statements as long as no special expertise is necessary.
EXPERT WITNESSES: “If scientific, technical, or other specialized knowledge will help the Trier of fact to understand the evidence or to determine a fact in issue, a witness who is qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise”
HEARSAY: Hearsay is a statement, made out of court, offered in court to prove the truth of the matter asserted. The statement may be oral or written, or it may be non-verbal conduct intended as an assertion, such as pointing to a crime suspect in a police line-up. The act of pointing in response to a request for identification is the same as stating, “He did it.” Not all non-verbal conduct is intended as an assertion, of course. Sometimes, statements made out of proceedings are not hearsay because they are not offered for the purpose of proving the truth of the matter asserted. The general rule is that any statement, other than one made by a witness while giving evidence in the proceedings, is inadmissible as evidence of the facts stated; there is otherwise an opportunity to test whether the person that made the original statement is telling the truth.
AUTHENTICATION AND IDENTIFICATION: Evidence is not relevant unless its authenticity can be demonstrated. A letter in which the defendant admits her guilt in a tax-fraud trial is inadmissible unless the prosecution at first show that the defendant actually wrote it. Objects that are not readily identifiable often must be authenticated through chain-of-command testimony.
THE BEST-EVIDENCE RULE: The Best-evidence rule is a misleading name for the preference for original writings, recordings, and photographs over copies, when the contents are sought to be proved. The purpose of this rule at common law was to avoid the potential for inaccura
