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2014 National Conference Report of the Committee on Public Service Submitted to the Conference Secretariat on May 15, 2014

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2014 National Conference

Reportof the

Committee on Public Service

Submitted

to theConference Secretariaton

May 15, 2014

2014 National Conference: Report of the Committee on Public Service Page i

ContentsSubject PageTransmittal Letter …………………………………………………………………………………iiiGlossary of Abbreviations and Acronyms……………………………………………....viiIntroduction:i. Committee Membership ………………………………………………………………..ixii. Terms of Reference (TOR)……………………………………………………………...xiii. Timeframe ………………………………………………………………………………….....xAcknowledgement ………………………………………………………………………………….xiModus Operandi……………………………………………………………………………………..xiiiExecutive Summary ……………………………………………………………………………….xxiChapter One: Definition, Roles and Functions of the Public Serviceand the Civil Service……………………………………………………………1Chapter Two: Structure of the Public Service…………………………………………….4Chapter Three: Review of the Reports of Previous Panels,Committees and Conferences …………………………………………..9Chapter Four: State of the Public Service ………………………………………………..11Chapter Five: Management of the Public Service ……………………………………..16Chapter Six: Federal Character and Other Constitutional Matters6.1. Federal Character and Other Constitutional Bodies………………. 226.2. Retirement Benefits……………………………………………………………… 23Chapter Seven: New Challenges and Reforms:7.1. Previous Government Initiatives …………………………………………..257.2. Size and Cost of Governance…………………………………………………267.3. Budgeting and Public Expenditure Reform……………………………297.4. Presentation, Consideration, Approval and Presidential

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Assent to the Appropriation Bill ……………………………………………..307.5. Service Delivery …………………………………………………………………...317.6. Anti-Corruption, Accountability and Transparency………………..327.7. Performance Management in the Public Service…………………....347.8. Capacity Building and Continuous Skill Development……………367.9. Incentive Framework for Public Servants, ServiceWelfare and Productivity………………………………………………………377.10. Institutional Framework for Sustainable Development …………387.11. Personnel Pay Management………………………………………………….407.12. Labour Issues, (Including Minimum Wage) andRetirement Age …………………………………………………………………….417.13. Constitutional and Legal Framework for PublicService Management ……………………………………………………………427.14. Persons Living with Disabilities…………………………………………….437.15. Creation of a Separate Foreign Service Commission ………………44Chapter Eight: Summary of Recommendations:8.1. Constitutional and Legal Matters ………………………………………...458.2. Policy Matters ……………………………………………………………………48Chapter Nine: Conclusion……………………………………………………………………….59

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May 15, 2014Hon. Justice Idiris Legbo Kutigi, GCONChairman,2014 National Conference,The Presidency,Abuja.

Submission of the Report of the Committee on Public ServiceWe, the undersigned, members of the Committee on Public Service, have thepleasure to submit our Report to you.2. The Chairman will recall that the Committee on Public Service is one of thetwenty (20) Committees to undertake in-depth study of the various thematicissues identified by the 2014 National Conference. Delegates who participatedin the deliberations of the Committee are listed in the “Introduction” sectionof this Report.In the document on the “Structure of Committees”, the Committee on PublicService was assigned the following Terms of Reference (TOR):i. Federal Characterii. Civil Service Structureiii. Remuneration of Public Officers and Civil Servantsiv. State of the Civil Servicev. Salary Structurevi. Any Other Relevant Matter

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As Committees were given the approval to include other relevant matters, theCommittee included the following matters in its scope of work:i. Pension Mattersii. Labour Issues, Minimum Wage and Retirement Ageiii. Persons Living with Disabilities in Nigeriaiv. Size and Cost of Governancev. Ongoing Reforms in the Public ServiceAccording to the approved Work Plan of the Conference, Committees wereexpected to submit Reports on April 30, 2014. This was subsequentlyextended to May 15, 2014, after a realistic consideration of the time requiredto do justice to the assignment of the various Committees.Having worked assiduously to meet the new target date, we are glad topresent herewith our Report, which consists of:i. Executive Summary;ii. Detailed consideration of our TOR; andiii. Major Findings and Recommendations.As required by the Conference Secretariat, we have also highlighted ourRecommendations that will require Constitutional Amendments and thosethat are essentially Policy Issues.While expressing our sincere gratitude for the opportunity to serve on thispivotal Committee, we sincerely hope that the recommendations containedherein will not only enhance the outcome of the Conference but also promoteNational development.Please accept, Mr. Chairman, the assurances of our highest esteem.……………

Engr. Ebele O. Okeke, FNSE, FICE, CFRChairperson

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………….Amb. Adamu Aliyu, OFR, mniDeputy Chairman………….. …………..HRH Alh. (Dr.) Nuhu Mohammad Sanusi, CON Dr. Edet EkerenduMember Member

…………… ……………Chief Sampson O. Agbaru Rt. Hon. Abdussalam Taofiq OlawaleMember Member……………. …………….Prince Olusola Akanmode Rt. Hon Habu Isa Ajiya, OONMember Member………………. ………………Ammuna Lawan Ali, OON, mni, fnia Akin Arikawe, OONMember Member……………… ………………Alhaji Saidu Barda, CON Com. Olayinka Olabode Dada, JPMember Member……………… ……………..Alh. Yusuf Kawu Daibu Chief Paul EnebeliMember Member……………… ………………..Dame (Hon. Chief ) Eunice A. Igwe, JP Com. Bobboi Bala KaigamaMember Member

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………………. ………………….Mamman Kenan Kumo Com. Kiri Mohammed ShuaibuMember Member………………. ………………Prof. Joshua C. Ogbonnaya, OON, MNIM Chief Ajibola OgunsholaMember Member……………….. ……………….Com. Olakunle Olaitan Olanrewaju Prof. Yusufu TurakiMember Member………………Barr Halidu Ibrahim, OON, fwcMember

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Glossary of Abbreviations and AcronymsACTU Anti-Corruption and Transparency UnitAPER Annual Performance Evaluation ReportASCON Administrative Staff College of NigeriaBPE Bureau of Public EnterprisesBPP Bureau of Public ProcurementBPSR Bureau of Public Service ReformsCBN Central Bank of NigeriaCCB Code of Conduct BureauCCT Code of Conduct TribunalCDC Constitution Drafting CommitteeCFR Commander of the Federal RepublicCMD Centre for Management DevelopmentCON Commander of the Order of the NigerCONAFSS Consolidated Armed Forces Salary StructureCONHESS Consolidated Health Salary StructureCONMESS Consolidated Medical Salary StructureCONPASS Consolidated Para-Military Salary StructureCONPCASS Consolidated Polytechnic and Colleges of EducationAcademic Salary StructureCONPOSS Consolidated Police Salary StructureCONPSS Consolidated Public Service Salary StructureCONRAISS Consolidated Research and Allied Institutions SalaryStructureCONTEDISS Consolidated Tertiary Educational Institutions SalaryStructureCONTISS Consolidated Tertiary Institutions Salary StructureCONUASS Consolidated University Academic Salary StructureCPS Contributory Pension SchemeEFCC Economic and Financial Crimes CommissionFCSC Federal Civil Service CommissionFEC Federal Executive CouncilFGN Federal Government of NigeriaFOI Freedom of InformationGCFR Grand Commander of the Federal RepublicGCON Grand Commander of the Order of the NigerGDP Gross Domestic ProductGL Grade Level

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GSO General Services OfficeHOCSF Head of the Civil Service of the FederationHRM Human Resource ManagementICPC Independent Corrupt Practices and other Related OffencesCommissionICT Information and Communications TechnologyIPPIS Integrated Personnel and Payroll Information SystemMBO Management By ObjectivesMDAs Ministries, Departments and Agenciesmni Member of the National InstituteMON Member of the Order of the NigerNGO Non-Governmental OrganizationNIPSS National Institute for Policy and Strategic StudiesNSIWC National Salaries, Incomes and Wages CommissionOFR Officer of the Federal RepublicOHCSF Office of the Head of the Civil Service of the FederationOON Officer of the Order of the NigerOPS Organized Private SectorPENCOM National Pension CommissionPFAs Pension Funds AdministratorsPFCs Pension Fund CustodiansPPP Public Private PartnershipPSR Public Service RulesRMA&FC Revenue Mobilization, Allocation and Fiscal CommissionRSA Retirement Savings AccountSA Special AssistantSERVICOM Service Compact with all NigeriansSGF Secretary to the Government of the FederationSSG Secretary to the State GovernmentSSS State Security ServiceTNA Training Needs AssessmentTORs Terms of ReferencesUGSS Unified Grading Salary Structure

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IntroductionThis Report is the product of the work of the Committee on Public Service,being one of the twenty (20) Committees of the 2014 National Conference.The Committee’s Membership, Terms of Reference (TOR) and Time Frame arepresented below.Committee MembershipConference Delegates who participated in the Committee’s deliberations are:1. Engr. Ebele O. Okeke, FNSE, FICE, OON, CFR Chairperson2. Amb. Adamu Aliyu, OFR, mni Deputy Chairman3. HRH Alh. (Dr.) Nuhu Mohammad Sanusi, CON Member4. Chief Sampson O. Agbaru Member

5. Prince Olusola Akanmode Member6. Rt. Hon Habu Isa Ajiya, OON Member7. Rt. Hon. Abdussalam Taofiq Olawale Member8. Com. Kiri Mohammed Shuaibu Member9. Dr. Edet Ekerendu Member10. Ammuna Lawan Ali, OON, mni, fnia Member11. Akin Arikawe, OON Member12. Alhaji Saidu Barda, CON Member13. Com. Olayinka Olabode Dada, JP Member14. Alh. Yusuf Kawu Daibu Member15. Chief Paul Enebeli Member16. Dame (Hon. Chief ) Eunice A. Igwe, JP Member17. Com. Bobboi Bala Kaigama, Member18. Mamman Kenan Kumo Member19. Prof. Joshua C. Ogbonnaya, OON, MNIM Member20. Chief Ajibola Ogunshola Member21. Com. Olakunle Olaitan Olanrewaju Member22. Prof. Yusufu Turaki Member23. Barr Halidu Ibrahim, OON, fwc Member

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Terms of Reference (TOR)The Committee on Public Service is one of the twenty (20) Committeesassigned to undertake in-depth study of the various thematic issues identifiedby the 2014 National Conference. In the document on the “Structure ofCommittees”, the Committee was assigned the following Terms of Reference(TOR):i. Federal Characterii. Civil Service Structureiii. Remuneration of Public Officers and Civil Servantsiv. State of the Civil Servicev. Salary Structurevi. Any Other Relevant MatterAs Committees were given the approval to include other relevant matters, theCommittee included the following matters in its scope of work:i. Pension Mattersii. Labour Issues, Minimum Wage and Retirement Ageiii. Persons Living with Disabilities in Nigeriaiv. Size and Cost of Governancev. Ongoing Reforms in the Public ServiceTime FrameAccording to the approved Work Plan of the Conference, we were expected tosubmit our Report on April 30, 2014. This was subsequently extended to May15, 2014, after a realistic consideration of the time required to do justice tothe assignment of the various Committees.In order to meet the new target, we worked assiduously on every sitting day:i. Morning Sitting: 9am -2pm;ii. Lunch Break: 2pm- 3pmiii. Afternoon Sitting: 3pm-6pm.

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AcknowledgementWe wish to convey our profound acknowledgement and appreciation to allindividuals and organizations that made valuable contributions to thesuccessful discharge of this important assignment. Due to time and spaceconstraint, it was practically impossible to list all our enablers; nonetheless,we wish to mention a few.Accordingly, we would like to express our gratitude to His Excellency, Dr.Goodluck Ebele Johnattan, GCFR, for according us the opportunity to beamongst the Delegates to the 2014 National Conference.Secondly, we wish to appreciatively note the enabling environment andmaterials provided by the Conference Chairman, Hon. Justice Idris LegboKutigi, GCON; the Conference Deputy Chairman, Prof. Akinwande BolajiAkinyemi; the Conference Secretary, Dr. (Mrs) Valerie Azinge; otherConference Principal Officers and the entire Leadership for the Committee’swork.Our special gratitude goes to the Leadership of the Council of Retired FederalPermanent Secretaries (CORFEPS), notably, Izoma Philip C. Asiodu, CON,Chairman, Board of Trustees and National Chairman, CORFEPS; AsiwajuOlatunji Olutola, Member, Board of Trustees and General Secretary, CORFEPS;and Mahmud Yayale Ahmed, CFR, Chairman, Abuja Chapter, CORFEPS. Weextend the same gratitude to the following members of CORFEPS for theirimmense contribution to the articulation of the Council’s Position Paper onPublic Service to the Conference: Chief (Dr) Augustine O. Okafor,OON; GokeAdegoroye , OON,PHD; Mr. Japh C. T. Nwosu, OON; Dr. Lami Hamza; Dr. Rafiq LayiOgunbambi, OON; Amb. Lady Nkem U. O. Wadibia-Anyanwu, OON; and Dr. (Mrs.)Sefia I. Mohammed.Furthermore, we wish to register our deep appreciation to all thestakeholders for their informed inputs into the Committee’s work. Suchstakeholders include, amongst others, the Head of the Civil Service of theFederation, Council of Retired Federal Permanent Secretaries (CORFEPS),Committee of Retired Ambassadors, Nigeria Labour Congress (NLC), TradeUnion Congress (TUC), Association of Senior Civil Servants of Nigeria, NationalCivil Service Association of Persons Living with Disabilities, Committee of theNational Council on Establishment (Conclusions on the Provisions of 1999Constitution as contained in its 34th Meeting of November 2009), Chairman,

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Federal Civil Service Commission;; National President, National Civil ServiceAssociation of Persons with Disabilities (Nigeria); Association of RetiredPermanent Secretaries, Akwa-Ibom State; Dame (Hon, Chief.) Eunice A. Igwe ,Jp; Chief Robert Usman Audu,OON, Retired Federal Permanent Secretary;Prince Engr. Chidi Izuwah; Dr. Emeka Ejikonye; Tanko Kokwain; M. F. Ajayi;;Prof. Shuaibu Abdulraheem Oba, OFR; Hajiya Maryam Ladi Ibrahim; Divine HartIhegwu; Mr. S. A. Irenroa; National Infrastructure Concession RegulatoryCommission (ICRC); River State Government; etc.We are equally appreciative of the useful interactive sessions held with theHead of the Civil Service of the Federation (HOCSF); Chairman, Federal CivilService Commission (FCSC); Chairman, Nigerian Labour Congress (NLC);Chairman, Trade Union Congress (TUC); President, Persons Living withDisabilities; DG, Pension Transition Arrangement Department (PTAD);Chairman, Revenue Mobilization, Allocation and Fiscal Commission (RMAFC);Chairman, National Pension Commission (PENCOM); Chairman, NationalSalaries, Incomes and Wages Commission (NSIWC); Chairman, FederalCharacter Commission (FCC); and Chairman, National Assembly ServiceCommission.Also, we wish to convey our appreciation to the Resource Persons whoprovided independent technical advice in processing the production of theCommittee’s Report. They include, notably, Dr. Yahaya Abdullahi, RetiredFederal Permanent Secretary; Dr. Gabriel A. Gundu, Retired Federal Director;Dr. Tunji Bolade, Retired Federal Director; Mr. Abiodun Alao, Retired FederalDirector; and Mr. Victor Mayomi, Deputy Director, Federal Ministry of Lands,Housing and Urban Development.Finally, we wish to extend the same appreciation to the Support Staff whoprovided the required administrative and secretariat enabling services, whoinclude: Ogilegwu Ajah Sunday, ICT Expert from CORFEPS Secretariat; Engr.Lucy Ikeakanam (CORFEPS); and Amuche G. Ezema Esq. (Secretary), SophiaObi, Ph.D, (Rapporteur), Barr. (Mrs.) Opkaravero Prudence Adula,(Rapporteur), Mrs. K. Titilayo Akingbemisilu, (Editor/Verbatim Reporter) andMrs. Esther O. Manjiche, (Verbatim Reporter) from the Conference Secretariat.

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Modus OperandiWe executed our assignment in three major phases of activities.Phase 1: Examination of the TOR and Inclusion of Other RelevantMattersWe extensively deliberated on their TOR with a view to broadening anddeepening understanding of our scope of work.Phase 2: Information GatheringMajor activities comprised:

Literature ReviewWe carefully reviewed the following documents:i. Reports and Recommendations of various previous PanelsSN Conference/Panel Report Title Date1 Political Bureau Conference Report of the Political Bureau Conference 19872 Constitutional Conference Report of the Constitutional Conference, Vol.1 (Containing the Draft Constitution) 19953 Constitutional Conference Report of the Constitutional Conference, Vol.2 (Containing the Resolutions andRecommendations) 19954 National Political ReformConference Report of the National Political ReformConference 20055 National Political ReformConference Implementation Guide: National PoliticalReform Conference 20056 Presidential Committee on Reviewof Outstanding Issues from RecentConstitutional Conferences Report of the Presidential Committee onReview of Outstanding Issues from RecentConstitutional Conferences(Main Report) July 20127 Presidential Committee on theReview of Outstanding Issues fromRecent Constitutional Conferences Report of the Presidential Committee on theReview of Outstanding Issues from RecentConstitutional Conference (ExecutiveSummary)

July 20128 Presidential Committee on theReview of the Reform Processes inthe Nigerian Public Service Report of the Presidential Committee on theReview of the Reform Processes in theNigerian Public Service (Fika Report) September2012

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9 Presidential Committee onRestructuring and Rationalizationof Federal Government Parastatals,Agencies and CommissionsReport of the Presidential Committee onRestructuring and Rationalization of FederalGovernment Parastatals, Agencies andCommissions (Oronsaye Report)

2013

ii. Stakeholders Memoranda as tabulated here-below:SN Author Title1 Council of Retired Federal Permanent(CORFEPS) The Civil Service and Nation Building: Resetting theRole of the Civil Service in Democratic Governance2 Office of the Head of the Civil Service of theFederation (OHCSF) State of the Civil Service of the Federation3 Committee of the National Council onEstablishment (Conclusions on theProvisions of 1999 Constitution as containedin its 34th meeting of November 2009),

Report of the Committee on the Review of theProvisions of the 1999 Constitution of the FederalRepublic of Nigeria as they affect the Public Service4 Association of Retired PermanentSecretaries, Akwa-Ibom State True Federalism: A Recipe for Harmonious Co-Existence in Nigeria.5 Dame (Hon, Chief ) Eunice A. Igwe, Jp Application of Federal Character in Public Service: AnAffirmative Action Towards National Integration inNigeria6 Association of Senior Civil Servants ofNigeria Need for Upward Wage Review in the Civil Service7 Association of Senior Civil Servants ofNigeria Need for Upward Review of Retirement Age in theCore Civil Service to 65 Years or 40 Years of Service,whichever Comes First8 Association of Senior Civil Servants ofNigeria Need to Retain the National Minimum Wage in theExclusive Legislative List in the Constitution of theFederal Republic of Nigeria9 M. F. Ajayi Challenges Facing Retired Public Officers10 Hassan Rilwan, Delegate Representing OtherYouth Organizations Youth Position Based on My Think Tank and OpinionPolls on the Social Media11 Trade Union Congress (TUC) of Nigeria State of the Public/Civil Service

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12 Nigeria Labour Congress (NLC) State of the Public/Civil Service13 Uchegbulam, U. Ikem Esq. NationalPresident, National Civil Service Associationof Persons with Disabilities (Nigeria) Inc. Persons with Disabilities in Nigeria and the PublicService14 Prof. Shuaibu Oba Abdulraheem, OFR, TalbaIlorin, Executive Chairman, FederalCharacter Commission. Overview of the Operations of the Federal CharacterCommission15 Hajiya Maryam Ladi Ibrahim, Kogi StateDelegate Industrialization of the Nigerian Economy-The WayForward: A Case Study of the Ajaokuta SteelCompany Limited (ASCL)16 Divine Hart Ihegwu Charting a New Course to a Glorious Nigeria17 Infrastructure Concession RegulatoryCommission (ICRC) i. The ICRC Actii. The National Infrastructure transformation: theRole of Public Private Partnership18 The Nigeria Society of Engineers Position Paper on Constitution and Other RelatedMatters of National Importance19 National Pension Commission (PENCOM) Update on the Pension Reforms and Modus Operandiof PENCOM20 Rivers State Government Position of the Government and People of RiversState on Fundamental Issues Before the NationalConference.21 Tanko Kokwain Memo Against Early Retirement as a Result ofFederal Government Tenure Policy as it AffectsDirectors in Public Service.22 Dr. Emeka Ejikonye A Budgeting Reform Initiative23 Prince Engr. Chidi Izuwah Why Countries are Rich or Poor24 Dr. Robert Audu Usman OON National Conference 2014, Contributions to ThematicDiscussions at the Committee Level25 Association of Retired PermanentSecretaries Akwa-Ibom True Federalism: A Recipe for Harmonious Co-Existence in Nigeria26 Henry Lucas Agbadaola Meomrandum on Removal of Dichotomy Between theUniversity and Polytechnic Graduates in the PublicService27 Mr. S. A. Irenroa Nigeria Civil Service Reformation28 Chairman, Federal Civil Service Commission i. Brief on the Proposal on Strengthening theOperations of the FCSC

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(FCSC) ii. 60th Anniversary Celebration andPresidential Public Service Lecture29 Chairman, National Assembly ServiceCommission (NASS Service Commission) Brief on the Operations of the NASS ServiceCommission30 Prof. I. L. Bashir Enhancing Efficiency and Productivity in WaterSector Projects31 Committee of Retired Ambassadors Proposal on the Establishment of Foreign ServiceCommissioniii. National Strategy for Public Service Reform: Towards a World-ClassPublic Service (2009);iv. Provisions of the 1999 Constitution (as amended) as they affect thePublic Service.

Consultative/Interactive Sessions with Strategic StakeholdersIn order to elicit broad-based insight into the challenges of the Public ServiceSystem towards proffering effective solutions to same, Committee Membersresolved to hold Consultative/Interactive Sessions with some StrategicStakeholders. They include:i. Secretary to the Government of the Federationii. Head of the Civil Service of the Federationiii. Chief Philip Asiodu, CONiv. Adamu Waziri Fika, GCON, CFRv. Mahmud Yayale Ahmed, CFRvi. Chairman, Federal Civil Service Commissionvii. Chairman, Federal Character Commissionviii. Chairman, National Assembly Service Commissionix. President, Nigeria Labour Congressx. President-General, Trade Union Congressxi. Chairman, Salaries, Wages and Revenue Mobilization Commissionxii. Chairman, National Judicial Commissionxiii. Chairman, National Union of Pensionersxiv. Representative of Public Universities-Vice Chancellor, ABU, UNN andOAUxv. Clerk to the National Assemblyxvi. Registrar, Supreme Courtxvii. National Union of Local Government Employees

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xviii. Chairman, State Civil Service Commission (Representative from SelectedStates);xix. Director-General, Infrastructure Concession Regulatory Commission(ICRC)xx. Committee of Retired AmbassadorsHowever, due to the practical reality of time constraints, arising from theshort time-frame within which all Committees were to conclude work andturn in their Reports, Committee Members had to scale down the number ofStrategic Stakeholders to be invited to the Consultative/Interactive Session.These are tabulated here-below:SN Strategic Stakeholders Discussion Topics1 Secretary to the Government of theFederation (SGF) State of the Public Service: Parastatals and OtherArms of Government2 Head of the Civil Service of the Federation(HOCSF) i. State of the Civil Serviceii. Civil Service Structure3 Chairman, Federal Civil ServiceCommission (FCSC) State of the Civil Service4 President, Nigeria Labour Congress (NLC) State of the Public/Civil Services5 President-General, Trade UnionConference (TUC) State of the Public/Civil Services6 President, Persons Living with Disabilities State of the Public/Civil Services7 Chairman, National Pension Commission( PENCOM) Pension Matters8 DG, Pension Transition ArrangementDepartment (PTAD) Pension Matters9 Chairman, Revenue Mobilization,Allocation and Fiscal Commission(RMAFC) Salary Structure and Remuneration of PublicOfficers and Civil Servants10 Chairman, National Salaries, Incomes andWages Commission (NSIWC) Brief on the Operation of National Salaries,Income and Wages Commission11 Chairman, Federal Character Commission Federal Character

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(FCC)12 Chairman, National Assembly ServiceCommission (NASSC) State of the Civil Service13 Director-General, InfrastructureConcession Regulatory Commission (ICRC) Public-Private Partnership14 Association of Retired Ambassadors Creation of Foreign Service Commission

Constitution of Sub-CommitteesIn order to deepen and broaden reflections on our TOR, and provide insightfulfindings and recommendations, we had to constitute three Sub-Committees.The Nomenclature, Membership and TOR of the Sub-Committees aretabulated here-below:Nomenclature Membership TOR

Sub-CommitteeOne i. Dr. Edet Ekerendu - Chairmanii. Alh. Saidu Barda, CONiii. Com. Olakunle OlaitanOlanrewajuiv. Dame (Hon.Chief) Eunice A.Igwe, Jpv. Barr. Halidu Ibrahim, OON, fwcvi. Com. Olayinka Olabode Dada, Jp

i. Synopsis of Reports ofPrevious Conferences/Panelsas they affect the PublicServiceii. Definitions, Roles andFunctions of the PublicService and Civil Serviceiii. Structure and Organization ofthe Public Serviceiv. Management of the PublicService:- Laws- Rules- Regulations- Ethics of the Public ServiceSub-CommitteeTwo i. Ammuna Lawan Ali, OON, Mni,fnia -Chairpersonii. Com. Kiri Mohammed Shuaibuiii. Rt. Hon. Abdussalam TaofiqOlawaleiv. Prof. Joshua C. Ogbonnaya, OON,

MNIMv. Alh. Yusuf Kawu Daibuvi. Chief Ajibola Ogunsholavii. Chief Sampson O. Agbaru

i. Federal Character and otherConstitutional Mattersii. State of the Public Service:- As documented in thePrevious Reports- Situation Analysis of thePublic Service- Impact of the PresidentialSystem

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iii. Retirement Benefits:- Pension Matters- Severance/GratuitySub-CommitteeThree i. Prince Olusola Akanmode, –Chairmanii. HRH Alh. (Dr.) Nuhu M. Sanusi,CONiii. Prof. Yusuf Turakiiv. Mamman Kenan Kumov. Akin Arikawe, OONvi. Chief Paul Enebeli

i. New Challenges and Reforms- Performance Management- Service Delivery- Transparency andAccountability- Service Welfare andProductivity (Persons Livingwith Disabilities, Housing andNational Health InsuranceScheme)- Pension Reforms- Size and Cost of Government- Anti- Corruption- Public Procurement Act- Fiscal Responsibility Act- EFCC/ICPC/CCB/CCT- Training and CapacityBuilding- Public Private Partnership- Enhancing Capacity forImplementing Vision 20:2020ii. Implications for TrueFederalism and Forms ofGovernment(Parliamentary/Presidential)Phase 3: Report Production and PresentationReport production activities encompassed:i. Adopting an “Outline of the Report of the Committee on Public Service”;ii. Adopting an “Outline of the Reports of the Sub-Committees”;iii. Engaging some Resource Persons who provided technical expert advicein processing the production of the Committee’s Report;iv. Drafting the Sub-Committees’ Reports;v. Drafting the preliminaries of the Committee’s Main Report;vi. Harmonizing the draft Subcommittees’ Reports and the Preliminariesinto the Committee’s Main Report; andvii. Validating and adopting the harmonized Main Report.Activities for formal presentation of the Committee’s Report comprised:i. Signing of the Main Report by all Members of the Committee;

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ii. Formal submission of the Main Report by the Committee’s Chairpersonto the Conference Secretariat on May 15th, 2014; andiii. Formal presentation of the Committee’s Report at the ConferencePlenary.

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Executive SummaryThis Report consists of nine Chapters. Chapter One provides an insight intothe definition, roles and functions of the Public Service vis-a-vis the CivilService. Though the Public Service and the Civil Service are two distinct terms,they are commonly and erroneously used interchangeably.The Public Service in Nigeria consists of the Civil Service at the Federal andState levels (Ministries and extra Ministerial Agencies), ConstitutionalBodies (at Federal and State levels), National Assembly, and the StateAssembly Services, the Judicial Service, the Armed Forces, SecurityServices, the Police, Para-Military Services, Parastatals and PublicEnterprises (at Federal and state levels). The Public Service is responsible forthe creation of an appropriate environment in which all sectors of theeconomy can operate maximally.On the other hand, the Civil Service, as a sub-set of the Public Service, refersto institutions with personnel employed in civil capacity for the formulationand implementation of Government policies, programmes and projects. Itsdefining characteristics include neutrality from partisan politics by servingany government of the day; secure service tenure till retirement with pension;conducting government business in line with a system of extant rules andregulations; hierarchical Structure; etc.Chapter Two gives a synopsis of the Public Service Structure which consistsof the three Arms of Government (Executive, Legislature and theJudiciary) and the three tiers of Government i.e Federal, State and LocalGovernment. The Executive arm, headed by the President, consists of theenlarged Public Service and the core Civil Service as defined above.The Legislature consists of the Senate and the House of Representativeswith the powers to make laws for the peace, order and good government ofthe Federation or any part thereof.The Judiciary has responsibility for interpreting the laws through courts ofcompetent jurisdiction. The structure of the Public Service at the State level isalmost completely modeled after that of the Federal level.

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In a Presidential system, the doctrine of separation of powers is sacrosanct.This notwithstanding, all the three arms are expected to promote the securityand welfare of the people which, according to the Constitution, “shall be theprimary purpose of Government”.Chapters Three to Seven focus on findings and recommendations in thefollowing thematic areas: Review of the Reports of the Previous Panels,Committees and Conferences; State of the Public Service; Management of thePublic Service; Civil Service and Parastatals; and New Challenges and Reforms.Chapter Eight is a Summary of Recommendations in two broad categories:those requiring constitutional and legal attention, and those requiring policyactions. Chapter Nine provides a few concluding paragraphs. The KeyRecommendations in the Report are as follows.Reports of Previous Panels, Committees and ConferencesThe issue of the capacity of the Public Service to perform its role andfunctions effectively and efficiently has featured prominently in severalConferences set up by the Federal Government in the past. These includes thePolitical Bureau Conference of 1987, the Constitutional Conference of 1995and the National Political Conference of 2005. In addition, specific PresidentialPanels and Committees have been set up to put a search light on the PublicService in general and the Civil Service in particular. The Panels include, thePublic Service Review Commission of 1974 (Udoji Review Commission);Dotun Philips Public Service Review of 1986; the Review Panel on CivilService Reform of 1994 (Ayida Report); the Review of the Reform Processes inthe Nigerian Public Service of 2012 (Fika Report) and the Committee onRestructuring and Rationalization of Federal Government Parastatals andAgencies of 2012 (Oronsaye Report). All the Conferences, Panels andCommittees made far reaching recommendations which are still current andrelevant. Regrettably, most of them have not been implemented. A review ofthe recommendations are contained in Chapter III of this Report. A few ofthem are:i. The need for friction-free relationship between the political leadershipof Ministries, Departments and Agencies (MDAs) and their top CivilServants;ii. The appointment of the Secretary to the Government of the Federationshould be based on managerial capacity and rich Civil Serviceexperience. It is therefore recommended that the Secretary to the

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Government of the Federation should be appointed from the pool ofexperience and knowledgeable retired top civil Servants;iii. The need to minimize disparities in public sector pay, particularlybetween political appointees, public officers, civil servants and the staffof parastatals;iv. Adequate and regular orientation programmes for political appointeesand top Civil Servants to enlighten them on their roles andresponsibilities as well as the limit of their powers; andv. Issues relating to ethics, core values, accountability and transparency inthe conduct of government business.Federal Character and Other Constitutional MattersThe principle of Federal Character was formally brought into the Constitutionin 1979, but the Federal Character Commission (FCC) was formallyestablished by the FCC Act of 1996. By the Act, the Commission is chargedwith the responsibility to promote, monitor and enforce compliance in theproportional sharing of bureaucratic posts, appointments and equitablesharing of infrastructural facilities and socio-cultural amenities.The Federal Character Principle has had practical application inappointments to key posts of Ministers, Permanent Secretaries andappointments to Boards of Parastatals and Commissions. It has also beenapplied in the location of Federal Educational and Health Institutions like theUnity Secondary Schools, Polytechnics, Universities and Federal MedicalCentres. The Committee observed that the Federal Character Principle doesnot necessarily compromise merit because one of the guiding principles in itsapplication is that “the best and most competent persons shall be recruitedfrom each State of the Federation to fill positions reserved for indigenes ofthat state or the Federal Capital Territory”. However, the Committee is ofthe view that the Commission’s second mandate to work out “an equitableformula, subject to the approval of the President, for the distribution ofsocio-economic services, amenities and infrastructure facilities” iscumbersome and difficult to implement. Not surprisingly, the Commissionadmitted, during the Committee’s interaction with FCC members, that it doesnot yet have the capacity and wherewithal to carry out this mandate.Finally, it has been observed that there are restrictions to the application ofthe Federal Character Principles at the State and Local Government levels.

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Recommendationsi. Continued application and enforcement of the Federal CharacterPrinciple in the Public Service, most especially in the Parastatals andCommissions.ii. There is a need to Review Section 4 (1) (d) of the Federal Character

Commission (FCC) Act which states “to work out an equitableformula, subject to the approval of the President, for distribution ofsocio-economic services, amenities and infrastructural facilities” asit is evident that the resources and capabilities required are overwhelming;iii. The establishment of State Character Commission by every state of theFederation to protect the interest of minority groups.

Size and Cost of GovernanceOne main feature of the Public Service Reforms in both developed anddeveloping countries is the redefinition of the role of the State. It is nowgenerally agreed that the role of the State is to concentrate on core functionsof Government and to nurture an environment that is conducive to privatesector development. The role of Government as a catalyst or facilitator isemphasized in Vision 2010, National Economic Empowerment andDevelopment Strategy (NEEDS) and Vision 20:2020. Consequently,government has divested itself from activities that are better performed bythe private sector. The most obvious manifestation of this shift is thecommercialization and privatization of state owned enterprises. In spite ofthis, Government is still saddled with as many as 541 parastatals with obvioushigh cost implications. Another cause of the high cost of governance is theproliferation of political appointees (Special Advisers, Senior Assistants,Special Assistants and Personal Assistants). Of concern is also theconstitutional provision that the President should appoint at least a Ministerfrom every State of the Federation as well as the practice to go beyond theconstitutional provision to appoint six additional Ministers from the varioussix geopolitical zones. Finally, there is the issue of salaries and allowances ofmembers of the National and State Assemblies which are far above whatobtains in the other arms of Government.

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Recommendationsi. Constitutional amendment to the provision in Section 147 (3) whichrequires that in conforming with the Federal Character Provision in Section14 (3) “the president shall appoint at least one Minister from each State”and replace with a provision that” the President shall appoint not morethan one (1) Minister from each State”;ii. Legislators at the National and State levels should function on part-timebasis while their allowances should be comparable with what obtains inother arms of the Public Service. Payment of Pension, Life insurance andseverance for Legislators (where they exist) should be cancelled in linewith global best practices;iii. Full implementation of Integrated Personnel and Payroll InformationSystem (IPPIS) to ensure payroll integrity and eliminate ghost workers inthe Civil Service, Parastatals, the Legislature, the Judiciary, the Military andthe Para-Military;iv. While it is appreciated that the nature of Presidential system ofGovernment necessitates the appointment of ‘Special Advisers’ and ‘SpecialAssistants’ to the President, the Vice President, the Governor and theDeputy Governor, its extension to Ministers, Commissioners and LocalGovernment Chairmen should be discontinued as a cost-saving measure.These categories of political office holders should utilize the staff of theirMinistries where it becomes necessary as contained in Circular Ref. No.B63833/73 of January 3, 2000.

Budgeting and Public Expenditure ReformThe Budget is the major tool for attaining Government’s socio-economicdevelopment objectives through sectoral allocation of financial resources. Inrecent times, however, concerns about the efficacy of Budgets have led to therethinking of budgeting and financial management systems and hasconstituted one of the major pillars of public service reforms. The essence ofBudget Reform and Expenditure Control is to make budget systems moretransparent and ensure a more strategic approach to resource allocation andmanagement.

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RecommendationsIn order to strengthen the Budget performance and expenditure managementprocess, the Committee recommends as follows:i. Establish a national framework for monitoring and evaluating budgetperformance;ii. Set budget performance targets for MDAs;iii. Encourage CSOs to independently track implementation of programmesand projects;iv. Every Appropriation Bill to include key performance indicators andeffective sanctions for non performance.Presentation, Consideration, Approval and Presidential Assent to theAppropriation BillThe Committee notes the seemingly intractable problems associated with therepresentation, consideration, approval and Presidential assent to theAppropriation Bill. One of the Major causes of the problem is the issue ofconstituency projects.Recommendationsi. Section 81 (1) of the 1999 Constitution should be amended to specifytime lines for the submission and approval of the Budget by theExecutive and the Legislature respectively such that BudgetImplementation can commence on 2nd of January every year. Thefollowing timelines are proposed:

September deadline for presentation of Appropriation Bill by theExecutive to the National Assembly; Passage of the Bill by the National Assembly not later than 30thNovember; Mr. President’s assent in 30 days.ii. There is a need for harmonious relationship between the Executive andLegislative Arms of Government in the overall best interest of thenation. The President and the Leadership of the National Assemblyshould continue to nurture a harmonious relationship based on mutualrespect.

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Service DeliveryThe essence of Public Service Reform is to improve the effective and efficientperformance of the Civil Service in a sustained manner and, in particular, raisethe quality of service delivered to the citizenry. It entails rendering service tothe public in the most satisfactory way in terms of quality, timeliness, cost andcourtesy.RecommendationsThe following recommendations are proffered for the attainment of improvedand sustained service delivery:i. Every sector and agency of government should be primed for enhancedservice delivery;ii. Government should design standards of service delivery for all agenciesand provide brochures which will explain their services, procedures andstandards to the general public;iii. Agencies should strive to ensure value for money in the delivery ofservices;iv. There should be provision for redress for citizens who are denied ofeffective, efficient and courteous service by agencies and/or officials;v. All agencies of government should strive to be customer-driven and thereshould be periodic customer surveys to measure citizens’ satisfaction.Anti-Corruption, Accountability and TransparencyCorruption has attained frightening dimensions in our national life. Effortsthat have been made since 1999 include the setting up of Anti-CorruptionAgencies and the enactment of certain laws such as the Public ProcurementAct which are designed to enhance transparency and accountability. In spiteof these efforts, corruption has remained pervasive.Recommendationsi. Anti-corruption fight must address the root causes of corruption such aspoor remuneration in the Public Service, lack of social security, degeneratevalue system that encourages wealth accumulation and lack of socialsecurity;

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ii. Ensure financial autonomy and adequate funding for anti-corruptionagencies;iii. Diligent prosecution of all cases of corruption and the creation of SpecialCourts for the speedy determination of corruption cases.iv. Monitoring of the life style of public officers and the enforcement of theprovisions of the Code of Conduct Bureau.v. Code of Conduct, Ethics and core values for Public Officers to be providedand enforced;vi. The Curriculum for Training and Capacity Building programmes in thePublic Service should include the core values of integrity, transparency,accountability, honesty, probity, hard work, humility, courtesy andhumaneness. These are desired human qualities for enhancing productivityand effective, efficient and timely service delivery.

Performance Management in the Public ServicePerformance Management is an essential ingredient of a result oriented PublicService. Performance Management System involves setting of targets andmeasuring achievements by agencies and individuals. It also includes certainperformance indicators, expected outputs, and impacts as well asperformance evaluation. The Committee recognizes that some progress hasbeen made with the signing of Performance Contracts by some MDAs.Recommendationsi. Every Budget should clearly indicate the Performance Targets andPerformance Indicators for all MDAs;ii. A legal framework should be provided for performance management. Thiswill be similar to the United States of America’s Government Performanceand Results Act (GPRA) of 1993;iii. Performance management at the individual level should be accorded thedesired emphasis and used as a tool for reward or sanctions in the publicservice. More specifically, promotion and career progression should be tiedto continued good performance.iv. Our Governments and those who run them should begin to develop newways of thinking about the conduct of Government business in line with theglobal trend of “Reinventing Governments” to become catalytic,

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competitive, mission-driven, enterprising, proactive, decentralized andmarket oriented.Capacity Building and Continuous Skill DevelopmentCapacity building is central to the development of any organization, and thePublic Service is not an exception. Institutions which avail themselves of suchbest practices are those that are leading in output and service delivery.Regrettably, capacity building has not been accorded the needed emphasis inrecent times.Recommendationsi. Training programme based on identified training needs, especially ininformation and modern technological trends to make Public Servantsconversant with new developments and more effective in the delivery ofservices should be drawn-up. Adequate funding for training should alsobe provided with at least 10% of personnel cost to be set aside for thepurpose;ii. Existing Public Service training institutions should, as a matter ofurgency be refurbished and their capacities upgraded. These include the

Administrative Staff College of Nigeria (ASCON), Centre forManagement Development (CMD) and Public Service Institute (PSI)which should be provided with enhanced funding for improved facultyand maintenance.Incentive Framework for Public Servants, Service Welfare and

ProductivityThe Civil Service is simply bereft of any meaningful benefit, especially sincethe implementation of monetization policy. Besides, retirees under the oldPension Scheme have been exposed to a lot of hardships due to irregularpayment of pension and gratuity. This has been compounded by the factthat the constitutional provision for the periodic review of pension has notbeen complied with. There is also overwhelming evidence that the NationalHealth Insurance Scheme (NHIS) provides no adequate cover for the healthchallenges of both serving and retired Public Officers.

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Recommendationsi. The provision of section 173 (3) of the 1999 Constitution (as amended) tothe effect that “Pensions shall be reviewed every five years or togetherwith any Federal Civil Service salary review, whichever is earlier” has notbeen complied with after fourteen years of the effectiveness of theConstitution. This should be done immediately;ii. Relevant sections of the Pension Reform Act, 2004 which require that

part of the available funds from the Contributory Pension Scheme beinvested in the Real Estate Sector to boost availability of mortgageshould be adhered to. As at the end of April 2014, the scheme’sinvestment in the Real Estate Sector was zero;iii. The operations of the National Health Insurance Scheme (NHIS)should, as a matter of priority, be overhauled. Contributors to theScheme are currently left without coverage as their health requirementsand those of members of their families are just not being met under theScheme. Civil Servants would appear to be the most “short-changed” underthe Scheme with serious negative effect on their health status and morale;iv. A new sub-section should be introduced in Section 173 of the 1999Constitution (as amended) to compel Government to review Public Sectorpay every five years to take cognizance of trends in the cost of living index;v. Everyone indicted for corruption in relation to pension administrationshould be promptly brought to justice.

Institutional Framework for Sustainable ReformsEfforts at reforming the Public Service dates back to the 1970s but the variousreforms have not attained the desired results due to poor implementation.Both the NEEDS documents and Vision 20:2020 advocated the sustainedimplementation of the reforms as sine qua non for the attainment of theirobjectives. It is note worthy that the Bureau of Public Service Reform hasbeen established, while the National Strategy for Civil Service Reform hasbeen articulated as an implementation framework.

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Recommendationsi. Recognizing that Reforms are a continuous exercise and the need for themto be sustained and deepened by successive administrations;ii. Wholehearted commitment by the political and bureaucratic leadership;iii. The need to ensure that reform is focused not only on management butalso on leadership and thereby encourage the emergence of a critical masschampion to sustain reforms;iv. The commitment of Public Sector employees in the three tiers and arms ofGovernment to reform efforts in order to create a sense of ownership.v. Enlisting the support of the general public, Civil Society Organizations(CSOs) and the Media in tracking the implementation of reforms;vi. Development of a national system of monitoring and evaluation of theimplementation of reforms.Labour Issues Including Minimum Wage and Retirement AgeThe Committee debated extensively the proposal from the memorandum ofLabour Unions that “minimum wage” should be retained on the ExclusiveLegislative List and that the retirement age in the Civil Service should bereviewed upward to sixty-five (65) years of age or forty (40) years of servicefrom the present practice of 60 years of age or 35 years of service. Also, theleadership of Unions gave extensive explanation when they appeared beforethe Committee on the need to retain minimum wage on the ExclusiveLegislative List and uphold upward review of retirement age in the CivilService.The Committee noted the fact that “minimum wage” is a minimum belowwhich employers should not go in the remuneration of their workers. Suchminimum wage is usually fixed at a level that is just above the poverty line. Itis the responsibility of the Federal Government to ensure that the pay of everyNigerian is above the poverty line and as such decides to recommend theretention of minimum wage in the Exclusive Legislative List. Also theCommittee noted the international best practice whereby a good number ofcountries now put retirement age at sixty-five (65) years of age.

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Recommendationsi. “Item 34 of Part 1 of the second schedule of the 1999 Constitution (asamended) should be retained on the Exclusive Legislative List;ii. Upward review of retirement age to sixty-five (65) years of age or forty(40) years of service from the present practice of sixty (60) years of ageor thirty-five (35) years of service, whichever is earlier.Personnel Pay Management

Pay in the Public Service particularly in the Civil Service has become grosslyinadequate. The lower level Public Servants are increasingly becomingimpoverished. In fact the Committee is of the view that adequate pay is notonly an incentive for greater productivity but also one of the major means oftackling corruption. It is also necessary to tackle payroll fraud which hasassumed alarming proportion.Recommendationsi. A new subsection should be introduced in Section 173 of the 1999Constitution to compel Government to review Public Sector pay everyfive years to take cognizance of trends in the cost-of-living index;ii. The Principle of Comparability should be restored to Public Sectorpay. A new study of the job content and pay structure of both the publicand the private sectors should be swiftly undertaken to ensure thatcomparable work in the Public Sector vis-a-vis the Private Sectorattracts comparable pay;iii. There should also be job evaluation in the entire Public Service as apremise for harmonizing pay in the parastatals and agencies with whatobtains in the Civil Service. This would not only restore relativitybetween the pay in the parastatals and agencies viz-a-viz that of theCivil Service, it is also capable of reducing the size of the recurrentbudget.

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Constitutional and Legal Framework for Public Service Management

In spite of the pivotal importance of the Public Service to governance and thesocio-economic development of the nation, the reference to the Public Servicein the 1999 Constitution is perfunctory. In sharp contrast, Chapter 10 of the1996 Constitution of South Africa makes provision for the basic values andprinciples governing public administration.While it is true that all those values and principles can be found in variouslaws, rules, regulations and procedures guiding the Public Service in Nigeria,enshrining them in the Constitution will underscore their importance. The1999 Constitution should be further amended to contain similar provisionswhich can come appropriately under the Fundamental Objectives andDirective Principles of State Policy as “Public Service Objectives”. Suchobjective should include:i. a high standard of professional ethics;ii. efficient, economic and effective use of resources;iii. being development-oriented;iv. providing services impartially, fairly, and equitably;v. adequate response to people’s needs and building of public trust byensuring their participation in policy-making; andvi. being accountable and transparent by providing the public with timelyand accurate information.Persons Living with DisabilitiesThe Committee received a number of Memoranda and presentations fromgroups of Persons Living with Disabilities (PLWD). The Committee observedthat sufficient attention is not being paid by Government at all levels to theplight of these persons. Government Offices have no special provision foraccess to PLWD and special toilet facilities are hardly provided. Our roads arealso not disability friendly in terms of road crossings and the provision ofspecial routes for those on wheel chairs. PLWD in the Service also complain ofbeing disenfranchised during promotion examinations as question papers are

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not translated into braile and no consideration is given to theirunderstandably slow reaction to examination questions.Recommendationi. Efforts should be made by governments at all levels to make all PublicOffices disability friendly by providing special access facilities for PLWDincluding RAMPS for wheel chairs, lifts, or special steps to higher floors,etc;ii. In Public Offices special toilets should be provided for PLWD;iii. Ministries, Departments and Agencies should have a desk for PLWDswhich should be occupied by one of them to enable him/her cateradequately for PLWD;iv. Governments at all levels should design Scheme of Service for SignLanguage Interpreters so that employments and work of the deafpersons will be facilitated;v. It should be a deliberate policy for all governments to have affirmativeaction in the employment of PLWD in the Public Service; andvi. Governments at all levels should add an allowance to the pay of eachPLWD to enable him/her employ an aide on Salary Grade Level 06.Creation of a Separate Foreign Service and a Separate Foreign ServiceCommissionThe Committee met with representatives of the Association of RetiredAmbassadors of Nigeria who submitted a memorandum on the need to createa separate Foreign Service and a separate Foreign Service Commission tofacilitate the employment, promotion and discipline of Foreign AffairsOfficers. The Committee is persuaded that their request deservesconsiderationRecommendationsi. Creation of a Separate Foreign Service;ii. Creation of a Separate Foreign Service Commission with a Chairmanand six (6) Commissioners, one of whom should be from each of the six(6) geo-political zones;

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iii. Amendment of the Constitution to include the Foreign ServiceCommission amongst the Federal Executive Bodies listed in Section153(1) of the Constitution.

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CHAPTER ONE

Definition, Roles and Functions of the Public ServiceIt is important to make a distinction between the Public Service and the CivilService; two distinct terms that are commonly but erroneously usedinterchangeably. The Public Service refers to all organizations that exist aspart of Government machinery for formulating and implementing policies,programmes and projects; as well as those for the making and enforcement oflaw and order, adjudication of disputes and punishment of offenders. On theother hand, the Civil Service, as a sub-set of the Public Service, refers toinstitutions whose personnel are employed in a civil capacity for theformulation and implementation of Government projects and programmesand directly concerned with all aspects of service delivery to meet the needsof the citizenry.Defining Characteristics of the Civil ServiceThe Civil Service, whether at the Federal or State level, has major definingcharacteristics. They include:i. Political Neutrality:The Civil Service is expected to be apolitical andinsulated from partisan politics. Although civil servants can vote, they areprohibited from playing partisan politics and expected to render loyalservice and provide professional advice to any government in power;ii. Service Tenure: Civil Servants are employees of the state. They areexpected to serve any Government in power. They have secure career andremuneration till retirement or death, provided they act lawfully and carryout lawful directives;iii.Rules: The Civil Service operates under a system of strict rules, regulationsand procedures that guide the conduct of government business. A CivilServant is expected to operate under a strict code of conduct and ethicalprinciples, the violation of which is punishable, depending on the severityof the offence. Discipline is therefore the hallmark of the service;iv. Hierarchy: The Civil Service is a hierarchical institution with super-ordinates and subordinates carrying out lawful directives in accordancewith legitimately assigned roles and duties. Hence discipline and respectfor authority are required and strictly enforced;

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v. Pension on Retirement: One of the expectations of a dutiful Civil Servantis a modest life after retirement through the payment of regular pension. Infact, as at the end of 2013, there were still five Britons who had served inNigeria before Nigeria‘s Independence and were still on the roll of Nigeria’spension payment. Regular pension payment to civil service retirees wouldreduce the penchant for corruption, as it is a veritable assurance againstdestitution.Constitutional Provisions

Specifically, the Public Service or the Public Bureaucracy is the enlargedservice, made up of other services including the core Civil Service. Inrecognition of this fact, the 1999 Constitution (as amended) Part IVunder the Interpretation, Citation and commencement defines theNigerian Public Service to consist of the Civil Service at the Federal andState levels, (Ministries and extra Ministerial Agencies ), ConstitutionalBodies (at Federal and State levels), National Assembly, and the StateAssembly Services, the Judicial Service, the Armed Forces, SecurityServices, the Police, Para Military Services, Parastatals and PublicEnterprises (at Federal and state levels).

RolesThe Public Service exists to fulfill the mandate of Government, which is toserve the citizens. Accordingly, it is responsible for the creation of anappropriate environment in which all sectors of the economy can operatemaximally. Specifically the Public Service performs the roles of:i. Providing advice on the formulation and implementation governmentpolicies and rendering related services to the public;ii. Ensuring continuity in governance, and serving as a repository ofknowledge and experience of the practices and procedures ofgovernance;iii. Ensuring managerial, political and financial accountability;iv. Serving public interest;

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v. Driving all development initiatives; andvi. Monitoring and evaluating performance of organizations that arerendering service on behalf of Government.Functions

The Civil Service on the other hand, performs the following functions:i. Civil Service management: They are responsible for the effectivemanagement, coordination and service delivery to the public.ii. The Civil Service promotes institutional linkages in a manner thatenhances service delivery.iii. The Civil Service is responsible for keeping (management) records ofgovernment activities.iv. The Civil Service maintains the institutional memory of government forthe enhancement of national capability and also ensures seamlesscontinuity of the machinery of government from one administration toanother.v. The Civil Service is responsible for improvements of managementtechniques, conditions of service and welfare of staff.vi. Capacity building: the capacity of the Civil Service is reflected in theability of its workforce to have the requisite skills and competencies forthe accomplishment of national strategic goals and objectives throughthe depth of its knowledge, experience, values, ingenuity and creativity.vii. Planning and Budgeting: the civil service is largely involved inplanning and preparation of the annual budget at all tiers ofgovernment.

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CHAPTER TWO

Structure of the Public Service

The Public Service is made up of the three arms of Government – TheExecutive, the Legislature and the Judiciary.The Executive Arm

This consists of the core Civil Service, Statutory Corporations andGovernment-owned Companies, the Police, the Military, the Para-military and Security Agencies.The 1999 Constitution of the Federal Republic of Nigeria (as amended) veststhe Executive authority of the Federal Republic of Nigeria in the Presidentwho is Head of Government, Head of State and Commander in Chief. Section148 (1) and (2) (a) (b) (c) of the 1999 Constitution provides that:“The President may, in his discretion, assign to the Vice-

President or any Minister of the Government of theFederation responsibility for any business of the Governmentof the Federation, including the administration of anydepartment of Government”Under Subsection 2 (a) (b) and (c) of the same Section 148 the President isrequired to hold regular meetings with the Vice-President and Ministers forthe purpose of determining the general direction of domestic and foreignpolicies, co-ordinating the activities of the President, Vice President andMinisters and advising the President generally on the discharge of hisexecutive functions.To assist the President in performing his executive functions, Section 171 ofthe Constitution also empowers the President to make the followingappointments:i. Secretary to the Government of the Federation (SGF)ii. Head of the Civil Service of the Federation (HOCSF)iii. Ambassadors and other Principal Representatives of Nigeria abroad.iv. Permanent Secretaries and Heads of Extra-Ministerial Departments.v. Any office on the Personal Staff of the President.

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The Secretary to the Government of the Federation (SGF) is the Secretaryof the Federal Executive Council. He is also charged with the co-ordination ofsome activities of Government in the Public Service (ie Ministries, Parastatalsand Commissions). The Head of the Civil Service is in charge of Civil Servicematters. He is expected to provide leadership and direction in the observanceof code of ethics, rules and regulations in the Civil Service.The Civil ServiceThe Civil Service of the Federation is established by Section 169 of theConstitution while the Federal Civil Service Commission is established bySection 170. The powers of the Federal Civil Service Commission (FCSC) arethe appointment, promotion and discipline of Civil Servants. The Commissioncan, however, delegate any of its powers to any of its members or to any officein the Civil Service of the Federation.The Principal Organs of the Executive Branch are:The National Council of States (NCS), the Federal Executive Council (FEC),the National Defense Council and other Federal Executive Bodiescontained in Section 153 of the Constitution as listed below:i. Code of Conduct Bureauii. Council of Stateiii. Federal Character Commissioniv. Federal Civil Service Commissionv. Federal Judicial Service Commissionvi. Independent National Electoral Commissionvii. National Defence Councilviii. National Economic Councilix. National Judicial Councilx. National Population Commissionxi. National Security Councilxii. Nigeria Police Councilxiii. Police Service Commissionxiv. Revenue Mobilization, Allocation and Fiscal CommissionThe composition and powers of the Federal Executive Bodies are contained inPart I of the Third Schedule to the Constitution.The Civil Service is Governments’ major tool for formulating andimplementing the policies and programs of government. In performing their

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duties, Civil Servants are expected to exhibit the highest standards ofprofessionalism, neutrality, integrity, probity, efficiency and accountability.In order to facilitate assignment of responsibilities for a group of specificactivities, the Civil Service is divided into Ministries and Extra-MinisterialDepartments. Each Ministry is headed by a Minister of Cabinet rank who is theChief Executive. His Chief Adviser is the Permanent Secretary who is also theMinistry’s Accounting Officer. In some large Ministries, there are one or moreMinisters of State who assist the Chief Executives. Extra-MinisterialDepartments, on the other hand, usually have their Chief Executivesdesignated as Chairmen or Directors-General. Every Chief Executives has thegeneral responsibility for the achievement of the corporate objectives of theestablishment.Parastatals and State-owned Companies are established to providespecialised services outside the normal operations of Government ministries.The services they render, however, amount to the implementation of policiesformulated by their supervising Ministries. Each parastatal is governed by anenabling law and provided general direction by a Board. The power to appointthe Chairman and Board Members is vested in the President.The LegislatureThe Constitution of the Federal Republic of Nigeria vests the NationalAssembly which consists of the Senate and the House of Representatives withthe power to make laws for the peace, order and good government of theFederation or any part thereof. The National Assembly can make laws onmatters in the Exclusive Legislative List and the Concurrent Legislative Listcontained in the Second Schedule of the Constitution. The House of Assemblyof a State can make laws on matters in the Concurrent Legislative List but ifany law enacted by the House of Assembly of a State is inconsistent with anylaw validly made by the National Assembly, that of the National Assemblyshall prevail and the one of the House of Assembly shall, to the extent of itsinconsistency, be null and void.The presiding officers for the National Assembly are the Senate President andthe Deputy Senate President for the Senate as well as the Speaker and theDeputy Speaker for the House of Representatives. The Administrative headsare the Clerk of the National Assembly, the Clerk of the Senate and the Clerk ofthe House of Representatives. The National Assembly Service Commission,like the Federal Civil Commission is charged with the employment, promotionand discipline of the Staff of the National Assembly.

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Section 57 of the Constitution provides that: “Where a Bill is passed by thetwo houses and passed to the President for assent, the President will indicatewithin 30 days whether he wishes to assent or withhold assent. Where hewithholds assent and the Bill is passed again by two thirds majority in each ofthe two houses the bill shall become law”.Perhaps the most important power of the National Assembly is the power tocontrol Public Funds through the Appropriation Act and the Public AccountsCommittee. The Legislature also monitors the utilization of Public Fundsthrough its oversight functions. The exercise of these powers is usually thecause of friction between the Executive and Legislative arms of Government.The JudiciaryThe Judiciary which is the third arm of Government has responsibility tointerpret laws. At the Federal level the following Courts constitute theJudicature:- Supreme Court of Nigeria- Court of Appeal- Federal High Court- High Court of FCT- Sharia Court of Appeal of FCT- Customary Court of Appeal of FCT- The Chief Justice of Nigeria – heads the judiciary and presides over theSupreme Court of Nigeria- Appointment – the President appoints the Chief Justice of Nigeria basedon recommendation of the National Judicial Council and subject toSenate confirmation.In a Presidential system, the doctrine of the separation of powers issacrosanct. This notwithstanding, all the three arms are expected to promotethe security and welfare of the people which, according to the constitution,“shall be the primary purpose of Government”. Section 13 of the Constitutionalso provides that:“It shall be the duty and responsibility of all organs of

government, and of all authorities and persons, exercisinglegislative, executive or judicial powers, to conform to, observeand apply the provisions of this Chapter of the Constitution”.

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The chapter referred to above is Chapter 2 of the Constitution which containsthe “Fundamental Objectives and Directive Principles of State Policy”.In spite of this provision, the relationship between the Executive and otherarms of Government, especially the Legislature, is not always harmonious.The major cause of this as earlier pointed out is the Appropriation andOversight functions of the Legislature which sometimes bring it into collisionwith the Executive. On the other hand, the separation of powers between theExecutive and the Judiciary has been easier to manage. Over the years, theissue of complete autonomy by the Judiciary had been advocated andembraced by all. This has also been greatly facilitated by the provision ofSection 81 (3) of the Constitution for the direct funding of the Judiciary fromthe Consolidated Revenue Fund of the Federation.Structure of the Public Service at the State and Local Government LevelsThe structure of the Public Service at the State level is almost completelymodeled after that at the Federal level. The only notable difference is that atthe State level the Legislature is unicameral. At the Local Government levelthere is a Chairman who exercises executive powers like the President and theGovernor. The Chairman also has a “Cabinet” consisting of the SupervisoryCouncilors who are in charge of Departments like Agriculture, Education,Health and Works. Finally, there is a Legislature consisting of Councilors whoare headed by the Leader of the Council at the Local Government level.

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Chapter ThreeReview of the Reports of Previous Panels,

Committees and ConferencesIn its letter to all Committees, the Leadership of the Conference directed allCommittees of the Conference, “to Review the Reports and Other WorkingDocuments from Previous Conferences and Memoranda from Delegatesand the Public that are pertinent to the future of Nigeria” as they relate tothe Committee’s Terms of References. In this regard, the Committee reviewedthe reports of previous Panels and Conferences supplied by the Leadership ofthe National Conference, the Constitution of the Federal Republic of Nigeria(as amended) and other documents listed on page 5 of this Report. Some thedocuments include:i. Report of the 1994/95 Constitutional Conference, Chapter XV which isthe Report of the Committee on the Civil Service and Parasttals (pages175-182);ii. Report of the Political Bureau of 1987, (pages 108-116) on the CivilService and Development;iii. Report of the National Political Conference of 2005;iv. Presidential Committee on the Review of the Reform Process in theNigerian Public Service 2012 (Adamu Fika Report); andv. Presidential Committee on the Restructuring and Rationalization ofGovernment Parastatals, Commissions and Agencies (Oronsaye)2012/2013.A number of issues relating to the management, core values, ethics andreforms in the Public Service were raised in the Reports. A few of themare:i. The loss of security of tenure in the Civil Service and the need to restoreit;ii. The neglect of merit in recruitment and promotion in many parts of thePublic Service and the need to urgently revert to the merit principle;iii. The need to emphasize compliance with the provisions of the PublicService Rules and their application to the day to day management ofparastatals and other agencies;iv. The need to bridge the gap in remuneration between the core CivilService and parastatals as well as the observance of the principle of

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comparability between the pay of Public Servants and theircounterparts in the Private Sector; andv. The need to make constitutional provision for the appointment ofPermanent Secretary from the pool of Directors who must have spentnot less than ten (10) years in the directorate level of the civil for whichthe appointment is to be made, etc.The Committee further observed the urgent need for government to takeparticular notice of the issues raised below with a view to ensuring thatmeasures are taken to facilitate their implementation. A few of them are:i. The need for friction-free relationship between the political leadershipof Ministries , Departments and Agencies (MDAs) and their top CivilServants;ii. The need to minimize disparities in public sector pay, particularlybetween political appointees, public officers, civil servants and the staffof parastatals;iii. Reduction in the cost of governance through rationalization ofparastatals and elimination of ghost workers;iv. Issues relating to ethics, core values, accountability and transparency inthe conduct of government business.

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Chapter FourState of the Public ServiceA review of the previous Reports reveals mixed results of some successes andchallenges

Some Notable SuccessesAlthough previous reports categorized many short comings andconstraints in the Public Service, several notable successes have beenrecorded as a result of reform efforts in recent years.These include:i. service-wide application of information and communications technology(ICT) to improve the systems, procedures and operations of the PublicService, enhance its efficiency, and effectiveness, as well as itsaccountability;ii. enhanced organizational capacity of the institutional drivers of the CivilService namely: the Office of the Head of the Civil Service of theFederation (OHCSF) and the Federal Civil Service Commission (FCSC)to deliver their mandates more proactively and responsively throughinstitutional reviews, restructuring/organizational realignment andprocess improvements, among others;iii. review of the Public Service Rules (PSR), Financial Regulations and theCivil Service Handbook;iv. launch of key initiatives to promote an integrity and value-based PublicService, including an innovative Public Service Integrity Project by theBureau of Public Service Reforms (BPSR), Statement of theCommitment and Purpose of the Public Service, under the acronym-STEP (Stewardship, Trust, Engagement, Professionalism) by the Officeof the Head of the Civil Service of the Federation, and adoption, at theContinental level, of the African Charter on Values and Principles ofPublic Service and Administration which was spearheaded under theinstitutional platform of the African Conference of Ministers of PublicService (CAMPS);v. harnessing the experience and expertise of the Council of RetiredPermanent Secretaries and other talented retired officers, especially at thedirectorate level, to address issues of core concerns both in the PublicService and in governance;

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vi. promoting good industrial relations in the Service by working incollaboration and synergy with all the industrial unions in the sector toimprove the welfare of public servants and jointly implement productivitymeasures which are aimed at optimizing the contributions of the PublicService to national development`ChallengesIn spite of the successes mentioned above, the Civil Service still has tocontend with many challenges, which include:i. Highly centralized, hierarchical and rule-driven system with rigidmethods and procedures, which put a limit to the extent of how far staffcan exercise proactiveness and innovations;ii. Inadequate funding in terms of level and timely releases;iii. Poor remuneration;iv. Poor intra-service and inter-service coordination;v. Inadequate working tools;vi. Low morale and insecurity of tenure;vii. Politicization of the Service;viii. Stagnation at higher levels of the Civil Service;ix. Erosion of Civil Service values and ethics as well as loss ofprofessionalism and esprit de corps;x. Weak capacity, with noticeable gaps in the training of officers due toinadequate funding for capacity building, lack of training needassessment, absence of mandatory capacity building programmes, inspite of the establishment of training and capacity building institutions{eg the Administrative Staff College of Nigeria (ASCON), Centre forManagement Development (CMD), Public Service Institute of Nigeria(PSIN), etc};xi. Low ICT penetration in terms of bandwidth and infrastructurebackbone;xii. Poor outcomes of Civil Service reforms;xiii. Inappropriate staff deployment and assignment of responsibilities; andxiv. Abuse of pension rights and maladministration of Pension Schemes.xv. There had been some occasions when political consideration has

been accorded greater weight in the appointment to the post of

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Permanent Secretary, resulting in relegating professionalism andmerit to the background with adverse consequences on the quality ofperformance and service delivery. This is further compounded by thefact, that, while Sections 171(3) and 208 (3) of the 1999Constitution (as amended), require that the Head of the Federaland Head of the Civil Service of a State must be appointed from thebody of the Federal and State Permanent Secretaries respectively,there is no such requirement as to where a Federal or StatePermanent Secretary should be appointed from. This looseprovision has been abused in some States where non-civil servants havebeen appointed as Permanent Secretaries;xvi. The annual budgeting process continues to be mired by contentiousbickering, controversies and disagreement between the Legislative andExecutive arms of government. Budgeting has become so tortuous thatit often takes about six months into a financial year before theAppropriation Act for the year is ready for implementation;xvii. Current practice in most Ministries where Consultants are engaged athigh costs to prepare Ministerial budget, while sidelining the relevantDepartments and Officers, should be stopped;xviii. The relationship between Civil Servants and Political Office Holders ismore often than not acrimonious. This needs to be properly managedbearing in mind that both are enjoined to work harmoniously and inpartnership to advance societal goals.

Recommendationsi. For the FCSC, Section 158(i) of the 1999 Constitution (as amended) shouldbe reinforced, while the appointments of the Chairman and theCommissioners is made by the President, only seasoned and retired CivilServants with cognate experience and integrity in Public Sectormanagement should be appointed;ii. To amplify the provision of Section 169 of the 1999 Constitution (asamended), a Civil Service Act should be enacted to provide a legalframework for the effective management, sustainable funding andcoordination of the Civil Service. Such an Act, among others, should

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prohibit transfers into the Directorate level of the Service and prescribemandatory training as basis for consideration for promotion to the middlemanagement level of the service (Grade Levels 12 to 14) and directoratelevel (Grade Levels 15 to 17);iii. Sections 171(3) and 208 (3) of the 1999 Constitution, dealing with theappointment of the Head of Service to either the Federal or State CivilService be amended to read: "An appointment to the office of the Head ofthe Civil Service of the Federation shall not be made except from amongserving Federal Permanent Secretaries”. The same principle should beapplied in the appointment of Head of Civil Service in the State;iv. The Head of the Civil Service of the Federation (or of the State) should beempowered to ensure that the Civil Service at each level and arm ofGovernment complies with the Public Service Rules;

v. There is the need for the Civil Service across the nation to operate commonrules and practices so that the citizenry is not confronted with differentprocedures when dealing with each arm and tier of government;vi. There is the need to strengthen the institutional management systemin the Civil Service in order to enhance its capacity to deliver ongovernment business. The Federal Civil Service Commission (FCSC) andthe Office of the Head of Civil service of the Federation (OHCSF) which areresponsible for managing and coordinating the Civil Service should beinsulated from political pressure particularly in the areas of personnelrecruitment, promotion, discipline and posting, in the true spirit of a merit–based system, which is the hallmark of an efficient and effective CivilService all over the world. This is without prejudice to the application ofthe principles of Federal Character;vii. A Civil Service Coordinating Forum, to be constituted and chaired by theHead of the Civil Service of the Federation, for promoting institutionallinkages, experience sharing, knowledge exchange, peer review andeffective coordination of the Services;viii. For the appointment of the Permanent Secretary, unless an officer hasserved and progressed from Grade Levels 15 to 17 in the Directoratelevel of the Civil Service within a period of not less than ten (10)years, he/she should not be considered for the post;

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ix. It is important that at all levels, the Constitution specifies that a PermanentSecretary should be appointed from the directorate level of therelevant Civil Service, and must be a person of proven integrity whohas had not less than ten (10) years experience in the directoratelevel, having progressed from Grade level 15 to 17;x. There is the need to put in place a robust mechanism for ensuring rancor –free planning and budgeting processes in order to obviate the regularacrimony and misunderstanding that arises between the Executive and theLegislative Arms of Government;xi. The annual presentation to the National Assembly as required by the FiscalResponsibility Act should be the joint responsibility of the Federal Ministry ofFinance (FMF) and the National Planning Commission (NPC);xii. Annual Capital Budget should originate from NPC and be sent to FMF forfunding, and forwarding of the Draft Budget for consideration of theNational Assembly;

xiii. Furthermore, in order not to overburden the MDAs, oversight functionsshould be fully funded and captured in the budget of the NationalAssembly;xiv. Political Office holders and Civil Servants must recognize the need for

mutual respect, synergy and complementarity in their stewardship toadvance the cause of democratic governance and the promotion of thecommon good;

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Chapter FiveManagement of the Public Service

IntroductionPublic Service management has moved away from the maintenance of law andorder towards economic and political management to create wealth for thecountry. In this regard, modern management practices such as thoserecommended by the Udoji Commission e.g Project Management, Programmeand Performance Budgeting and Management by Objectives which are stillvery relevant in modern day Public Service should be implemented in order tobe effective, efficient and result oriented.Management of the Public ServiceThe management of the Public Service would encompass the application ofmany management tools including some identified key issues such ascoordination of its various organs; records and information management tosustain institutional memory; improvement of service welfare, capacitybuilding through training and retraining and planning and budgetary systems.It has been observed that each arm and tier of Government is autonomouswithin the sphere of its constitutionally allocated power/authority. The CivilService level of each arm of a tier of Government is also autonomous and haslittle administrative relationship with the corresponding Head of Service.TheHead of the Civil Service of the Federation or Head of the Civil Service of aState should be in a position to ensure that the Civil Service level of each armof Government is coordinated to enable them apply a uniform policy toimplement identified programmes. The offices of the Secretaries to theGovernment across the country do not appear to keep adequate records ofGovernment activities. If they are kept at all, it is not in a form easilyretrievable, consequently, access to information urgently required fordecision making becomes problematic. It is evident that in the performance ofhis/her responsibilities, the Secretary to the Government of the Federationwill perform more effectively if he or she has had adequate experience of theinner workings of the Public Service in general and the Civil Service inparticular. Besides, it is a position which does not permit of a long learningperiod and margin of error should be limited. It is therefore suggested that theSecretary to the Government of the Federation should be a person who hasserved at the top echelon of the Civil Service.

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Under the guidance of various ministries, the Public Service organs and bodiesunder them including corporations and parastatals should be closelysupervised to make sure they conform to the general policy drive of theirvarious political heads. It is clear from the foregoing that the CivilService/Public Service at all tiers and arms of government can only functionoptimally when properly coordinated.Recommendationsi. To amplify the provision in section 169 of the 1999 Constitution ( asamended ), a Civil Service Act should be enacted to provide a legalframework for the effective management, sustainable funding andcoordination of the Civil Service. This is necessary in view of the factthat other institutions in the Public Service such as the armed forces,police, parastatals, etc have enabling laws that guide their operations.Such an Act, among others, should prohibit transfers into thedirectorate cadre of the Service and prescribe mandatory training(coupled with successes in corresponding examinations ) as basis forconsideration for promotion to the middle management cadre of theService ( Grade Levels 12 to 14 ) and the directorate cadre ( GradeLevels 15 to 17 ).ii. A Civil Service Coordinating Forum, to be constituted and chaired by theHead of the Civil Service of the Federation, for promoting institutionallinkages, experience sharing, knowledge exchange, peer learning andeffective coordination of the Services;iii. The National Council on Establishment should meet at least twice ayear.iv. The state of the art Information Storage and Retrieval System mannedby well-trained professional Civil Servants should be installed in theoffices of the Secretary to the Government, Head of the Civil Service andall Ministries, Departments and Agencies (MDAs ), as well as similaroffices at the State level;v. All records in the Service should be properly archived in order to haveadequate and reliable records of government activities.

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Institutional Memory for the Enhancement of National Capability

i. The Civil Service is the institutional memory of Government forensuring seamless continuity of the machinery of Government from oneadministration to another;ii. Apart from weak record keeping and retrieval system, the Services oftenfail to tap from the knowledge and experience of their retired personnelwho most often than not seem to be totally forgotten in the scheme ofthings without any opportunity to mentor future leaders of the Services.

Appointment of Permanent Secretaries

i. In some occasions, political consideration has been accorded greaterweight in the appointment to the post of Permanent Secretary, resultingin relegating professionalism and merit to the background with adverseconsequences on the quality of performance and service delivery. This iscompounded by the fact that, while Sections 171(3) and 208(3) of the1999 Constitution (as amended), require that the Head of the CivilService of the Federation and the Head of the Civil Service of a Statemust be appointed from the body of serving Federal and StatePermanent Secretaries, there is no such requirement as to where aFederal Permanent Secretary should be appointed from. Some unhelpfulpractices in some States have shown the extent to which such aconstitutional gap could be abused.Recommendations

i. Unless an officer has served and progressed from Grade Levels 15 to 17in the Directorate Cadre of the Civil Service within a period of not lessthan ten (10) years, he/she should not be considered for the post ofPermanent Secretary;ii. It is important that at all levels, the Constitution specifies that aPermanent Secretary should be appointed from the Directorate level ofthe relevant Civil Service, and must be a person who has had not less tenyears experience having progressed from Grade level 15 to 17;

iii. Sections 171(3) and 208(3) of the 1999 Constitution, dealing with theappointment of the Head of the Civil Service of the Federation and Headof the Civil Service of a State, should be amended to expunge “....of aState” in Section 171(3) and ....”of the Federation” in Section 208 (3) inorder that the Head of the Civil Service of the Federation can only be

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appointed from the pool of Federal Permanent Secretaries, and theHead of the Civil Service of a State from the pool of PermanentSecretaries serving in the State bureaucracy.Service Improvement and Welfarei. The overall condition of service in the Civil Service in particular isappalling in terms of pay, working conditions, systems and processes.There are also wide disparities in the emoluments of officers in somegovernment agencies such as the Nigerian National PetroleumCorporation (NNPC), Central Bank of Nigeria (CBN), NationalCommunications Commission (NCC) and other entities of Government.A situation where a driver in those agencies earn more than thePermanent Secretary in the Civil Service, is deplorable.

Recommendations:

i. A general improvement in the conditions of service such as housing,healthcare (National Health Insurance Scheme), transportation and theenvironment of work should be embarked upon to enhanceproductivity of Public Servants;ii. The wide disparity in the emoluments of officers in the Public

Service should be bridged to take cognizance of equal pay for equalwork;

iii. The provision of Section 173(3) of the 1999 Constitution to theeffect that “pension should be reviewed every five years ortogether with any Public Service Salary reviews, whichever isearlier” has never been implemented. It is necessary to do so tostem corruption from serving officers and as part of social securityfor the elderly;

iv. All cadres in the Civil Service should be professionalised;v. There is need to undertake a comprehensive study of all MDAs in orderto determine and identify those factors inpinging on their servicedelivery models. This is with a view to determining the issues involvedand the factors that inhibit effective service delivery, in the areas ofpersonnel capability, corruption, management weaknesses, lack offocus, inappropriate service delivery platform and the wider politicaland policy-related weaknesses, etc;

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vi. The establishment profiles of all MDAs should be reviewed andsanitized to ensure that they have appropriate complement ofmanpower to carry out effectively the mandate of the MDAs.Capacity Building

i. The capacity of the Civil Service is reflected in the ability of itsworkforce to have the requisite skills and competencies for theaccomplishment of National strategic goals and objectives through thedepth of its knowledge, experience, values, ingenuity and creativity.ii. However, the capacity of the Nigerian Civil Service to deliver on itsmandate was weakened by the massive purge of the 1970s and 1980s.From then on, parastatals proliferated and the level of controldiminished, while the span of management was expanded withoutcorresponding adequacy of appropriate manpower for implementingGovernment development initiatives. Ministerial development andservice functions were farmed out to parastatals which had very weakmanagement capacities. This served only to enhance corruption in thesystem.Recommendations:

i. The Civil Service must not compromise on training and capacitybuilding. Training is indeed the life wire of the Civil Service. A well-funded system of regular and structured training arrangement both atthe levels of Office of the Head of the Civil Service of the Federation(OHCSF) and of Ministries, Departments and Agencies (MDAs) should beput in place;ii. Structured training should be tied to career progression in the Service;iii. The annual appropriation to training and development should besignificantly increased to 10% of emoluments.Ethics of the Public Service

i. Political Neutrality: The Civil Service is expected to be apolitical and isbarred from partisan politics, though they have a right to vote.ii. Professionalism and Political Loyalty: Public servants are expected torender loyal service and provide professional advice to any governmentin power.

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iii. Public Servants are Employees of the State: They have a securetenure and career till retirement and are equitably renumerated,provided they act lawfully and obey relevant rules.iv. Rule: The Public Service operates under a system of strict rules,regulations and procedures that guide the conduct of governmentbusiness. A Public Servant is expected to operate under a strict code ofconduct and ethical principles, the violation of which attractsdisciplinary action, depending on the severity of the offence. Disciplineis therefore the hallmark of the service.v. Hierarchy: The Public Service is a hierarchical institution with super-ordinates and subordinates carrying out lawful directives concerningprescribed roles and duties in accordance with existing rules andregulations. Hence, discipline and respect for authority are required andstrictly enforced.vi. The Committee noted that the overall condition of service in the civilservice is appalling in terms of pay, working conditions, systems andprocesses. There are also wide disparities in the emoluments of publicofficers in some government Agencies such as NNPC, CBN, NCC andother entities of government. A situation in which drivers in someAgencies within the public service earns more than the PermanentSecretary is not only frustrating but also undermines career progressionas a basis for attaining the pinnacle of their career in the Public/CivilService.vii. Agencies of government such as the National Orientation Agency shouldconcentrate on programmes aimed at encouraging the restoration ofcore values of honesty, discipline, hard-work, patriotism and selflessservice to the nation.

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Chapter Six

Federal Character and Other Constitutional MattersFindingsi. The federal character principle has had practical applications in

appointments to the key posts of Ministers, Permanent Secretaries,and members of Boards of Parastatals and State Owned Companies.ii. Apart from appointment and employment matters, it has also beenapplied in the location of Federal Educational and Health Institutionslike the Unity Secondary Schools, Polytechnics, Colleges of Education,Universities, and Federal Medical Centersiii. Compliance with the enforcement of the federal character principle inGovernment organizations (especially the Parastatals) are relatively weak;but reasonably enforced at least at the entry level at major employmentinstitutions like FCSC, Armed Forces, Police and Para – military Agencies;iv. It is also submitted that the bodies listed under Section 158(1) of theConstitution do not effectively observe the Federal Character Principle;v. The federal character principle hardly finds equivalent applications inmany of the 36 States and 774 LGAs of the Federation.

Recommendations

i. There is a need to Review Section 4 (1) (d) of the Federal CharacterCommission (FCC) Act which empowers it “to work out an equitableformula, subject to the approval of the President, for distribution ofsocio-economic services, amenities and infrastructural facilities” asit is evident that the resources and capabilities required areoverwhelming;

ii. A Constitutional provision should be made to make it mandatory tohave, at the State level, a State Character Commission to safeguardthe interests of Minority Communities.

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iii. In the composition of the FCC Membership, the Member from a Stateshould be nominated by the State Government for appointment bythe President, and subject to confirmation of the Senate as in theAct;

Retirement BenefitsPay in the Public Service particularly in the Civil service has become grosslyinadequate, the Committee is of the view that adequate pay together withtargeted incentives are not only an incentive for greater productivity but alsoone of the major means of tackling corruption.Findingsi. Faulty actuarial calculations of pension entitlement of officers under the2004 Contributory Pension Act which resulted in the lowering of pensionentitlements of officers in earlier years of service by calculating theamounts due on the face value i.e without adjustment for inflation;ii. The provisions of the Constitution that Pension should be reviewed afterevery five (5) years or along with every salary review whichever is earlierhas not been observed. For example, since 2004, no review has been doneon pension either for the (Pay – As – You – Go) Scheme or the ContributoryScheme under the 2004 Pension Act;iii. Payment of Pension in the Defined Benefit Scheme (Pay-As-You-Go) hasbeen mired in monumental mismanagement and corruption. It has furtherengendered untold hardship on poor beneficiaries who are forced toundergo series of unproductive verification exercises only for many ofthem to end up without seeing their names in the verified list and someunfortunate ones even losing their lives in the process. The pension datahas been found to be full of ghost pensioners who were illegally capturedby corrupt officials and their benefactors;iv. Many retirees are unable to access and pay for cost of medical services.Recommendationsi. Section 173(3) of the 1999 should be amended to make retirees entitledto free medical service at Government expense at designatedGovernment Hospitals;

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ii. Part of the funds accumulated under the New Pension Scheme shouldbe channeled to Real Estate Investment as provided for under Section73 (1) (h) of the Pension Reform Act 2004 to boost availability ofmortgage for additional housing for all contributors to the schemeincluding public servants;iii. There should be strict compliance with the provisions of Section 173(3)of the 1999 Constitution (as amended) which mandates the review ofpension after a salary review exercise or after a five – year period,whichever is earlier. This is applicable to the old Pension Act;iv. Free Medical Service should be available to all Nigerians above the ageof sixty (60 );v. There should be an effort to sanitize and develop an integrated registerand accurate databank of pensioners in the Federal and States CivilServices with a view to ensuring prompt payment of all pensionentitlements under the Defined Benefit Scheme (Pay – As – You – Goscheme);vi. Employers and employees of labour should substantially increase theirshare of the contribution in the Contributory Pension Scheme to makebeneficiaries enjoy a level of pension that is as close as possible to thatof retirees in the old system. This is in view of the fact that the Pay-as-You-Go scheme has a proviso for review after every 5 years or at everyupward review of salaries/wages while the new system is static;vii. PENCOM should be encouraged to embark on Nationwide SensitizationProgramme on the New Contributory Pension Scheme to enable moreemployers and employees buy into it;viii. The Bureau of Statistics should in conjunction with the Nigeria ActuarialSociety conduct comprehensive investigations and provide requisitemortality tables which can then be used in the Pension Schemecomputations;ix. More intensive efforts should be made to identify ghost pensioners, andstiffer penalties should be prescribed for perpetrators of pension fraud.

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Chapter SevenNew Challenges and Reforms

7.1. Previous Government InitiativesIn the preceding chapters of this report, we have chronicled the attempts byprevious Administrations to identify and proffer solutions to the problemsmilitating against the efficacy of the Public Service as the main instrument forthe formulation and implementation of Government Policies and Programmes.Findingsi. Earlier efforts to invigorate the service focused on the Organization,Structure, Grading and Evaluation as well as Salaries and Wages in thePublic Service, while efforts since the 1970s have focused more on thecritical need to enhance the capacity of the Public Service to respondadequately to new challenges posed by democratization and theincreasing pressure on Government for good governance.ii. Another major driver of recent Reforms is the way the conduct ofGovernment business is being transformed globally in response toserious economic challenges. Nigeria’s desire to contend with its ownsocio-economic pressures led to the adoption of economic strategiesand initiatives like Vision 2010, National Economic Empowerment andDevelopment Strategy (NEEDS), Vision 20: 2020, including theTransformation Agenda. These developments meant that the traditionalpreoccupation of the Public Service with just “Keeping the machinery ofGovernment going” is no longer tenable.iii. The emerging new roles of the Public Service and the inevitableadjustments they entail have been the driving force for Public Servicereforms in developed and developing countries, including Nigeria. Thisalso explains the emergence of some core elements and best practices inPublic Service reforms with which Nigeria is seeking to align with.These core elements include:

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a. Reorganization of Government to concentrate on its core functionswhile striving to address the growing concerns about the size and costof Government.b. Budgetary and Public Expenditure Review.c. Effective and Efficient Delivery of Services.d. Promotion of Accountability and Transparencye. Fighting Corruptionf. Performance Management Systemsg. Capacity Building and Continuous Skills Developmenth. Incentive Framework for Public Servants, Service/Welfare andProductivity.i. Institutional Framework for Sustainable Reforms.j. Personnel and Pay Management.k. Constitutional and Legal Framework for Public Service Management.7.2. Size and Cost of Governance

FindingsOne main feature of Public Service Reforms in both developed and developingcountries is the redefinition of the role of the State in Public ServiceManagement and the delivery of Services. It is now generally agreed that therole of the State is to concentrate on the core functions of Government and tonurture an environment that is conducive to private sector development. Therole of Government as a catalyst or facilitator is emphasized in Vision 2010,NEEDS and Vision 20: 2020. The most obvious manifestation of this shift is thecommercialization and privatization of State owned enterprises.In several countries like Newzealand, Singapore and South Africa where suchreforms have been carried out with a great measure of success, it led to thedownsizing of the Core Civil Service. Furthermore, it led to the transfer ofpolicy implementation to parastatals while Core Ministries concentrate onpolicy formulation and monitoring of performance. It also led to the adoptionof private-sector, entrepreneurial approach in the running of State-ownedorganizations with some of them competing with the private sector forGovernment contracts. In Nigeria, and since the return to democraticgovernance in 1999, various reforms have been implemented to reposition

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the Public Service especially the Civil Service and for promoting theindependence and effectiveness of the Legislature and Judiciary.Although the reform programme in Nigeria has followed this trend and hasled to the commercialization and privatization of many State-ownedenterprises, the Size and Cost of Governance is still unbearably high. This isbecause unlike some other countries that have followed this trend, it has notled to the scrapping of many parastatals even where their continued existenceis no longer justifiable. For example, the Oronsaye Committee has revealedthat there are a total number of 541 Parastatals, Commissions and Agencies inthe Nigeria Public Service and has recommended their reduction to 427.Although Government reaction to the report has been understandablycautious due to the prevailing unemployment situation, it is obvious that thebudgetary implications of retaining all the parastatals are not sustainable.Various Committees and Conferences have also identified the proliferation ofpolitical appointments (Special Advisers, Senior Special Assistants, SpecialAssistants and Personal Assistants) as a major contributor to the high cost ofGovernance both in the Executive and Legislative arms of Government. Thistrend which is being associated with the Presidential system of government isbeing carried to a ridiculous extent, especially at the State and LocalGovernment levels. A drastic approach is therefore required to stem the tide.Furthermore, the constitutional provision that the President shall appoint atleast a Minister from every State of the Federation has been largely criticisedas unnecessary and unhelpful to the cause of putting a rein on the expandingcost of Governance. To compound the problem, it has also become the practiceto go beyond the constitutional provision to appoint six additional Ministersfrom the various geopolitical zones thus bringing the number of Ministers to42.Over the years, there have been strident calls to remove the cloak of secrecysurrounding the salaries and allowances of members of the National and StateAssemblies. Even the little that is open to the public shows that their salariesand allowances are far above what obtains in other arms of Government andother parts of the world. Another issue that has generated a lot of public

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interest and discourse is whether or not the work of legislators should be fulltime or part time. It is the considered view of the Committee that Legislatorsshould function on part time basis while their allowances should becomparable to what obtains in other arms of Government.RecommendationsIn the light of the foregoing, the following measures are recommended:i. Constitutional amendment to the provision in Section 147 (3) whichrequires that in conforming with the Federal Character Provision in Section14 (3) “the President shall appoint at least one Minister from each

State” and replace it with a provision “that the President shall appointnot more than one (1) Minister from each State”.ii. Legislators at the National and State levels should function on part-timebasis while their allowances should be comparable with what obtains inother arms of the Public Service. Payment of Pension, Life insurance andseverance for Legislators (where they exist) should be cancelled in linewith global best practices.iii. Reduction in the number of Board Members where they are found to beunwieldy.iv. Reversion of some Agencies to Departments in relevant Ministries.v. Discontinuation of Government funding of professional bodies/councils.vi. Full implementation of the Integrated Personnel and PayrollInformation System (IPPIS) to ensure payroll integrity and eliminateghost workers in the Civil Service, Parastatals, the Legislature, theJudiciary, the Military and the Para-Military;vii.Setting revenue targets for the parastatals that are capable of generatingsubstantial revenue and ensuring its remittance.viii. Streamlining and improving the funding of Research through theestablishment of a National Research Development Fund.ix. While it is appreciated that the nature of Presidential system ofGovernment necessitates the appointment of ‘Special Advisers’ and ‘SpecialAssistants’ to the President, the Vice President, the Governor and theDeputy Governor, its extension to Ministers, Commissioners and Local

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Government Chairmen should be discontinued as a cost-saving measure.These categories of political office holders should utilize the staff of theirMinistries where it becomes necessary as contained in Circular Ref. No.B63833/73 of January 3, 2000;7.3. Budgeting and Public Expenditure ReformThe budget is the major tool for attaining Government’s socio-economicdevelopment objectives through sectoral allocation of financial resources. Inrecent times, however, concerns about the efficacy of Budgets have led to therethinking of budgeting and financial management systems and hasconstituted one of the major pillars of public service reforms.FindingsIn this regard, some of the observed weaknesses of the old budgeting systemare as follows:i. Lack of strategic allocation of financial resources as the focus of theannual budget.ii. Budgetary allocations were not tied to well-defined results as requiredby Performance Budgeting.iii. Little emphasis on tracking and reporting system, on the performance ofbudgets.iv. The continued sanctity of line items in budgeting which spreadsavailable funds too thinly at the expense of successful implementationof a few critical projects.v. Lack of sunset provisions which keep projects in the budget indefinitely.The essence of Budget Reform and Expenditure Control is to make budgetsystems more transparent. It attempts to link budgets with development planswith the introduction of Medium Term Expenditure Framework (MTEF) andthus allows a more strategic approach to resource allocation andmanagement.The Fiscal Responsibility Act (2007) makes adequate provision for the MTEFfrom which the Annual Budget must derive. In order to strengthen the Budget

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Performance and expenditure management process, the Committee is in fullsupport of the following recommendations most of which will bothcomplement and facilitate the oversight functions of the Legislature.Recommendationsi. Establish a national framework for monitoring and evaluating budgetperformanceii. Set budget performance targets for MDAsiii. Encourage CSOs to independently track implementation of programmesand projects.iv. Every Appropriation Bill to include key performance indicators andeffective sanctions for non performance.v. Evolve a new budgeting system to deemphasize the line item.7.4. Presentation, Consideration, Passage and Presidential Assent to

the Appropriation Bill

FindingsIt is appropriate at this juncture to bring into focus the serious problems thathave been associated with the presentation, consideration, approval andPresidential assent to the Appropriation Bills since 1999. Rather than abate,the problems seem to be worsening every year and the prognosis is thatthings may further degenerate in the event of a narrowing of the numericalsuperiority of a ruling party in the National Assembly. The issue ofConstituency Projects which has often been a major cause of disagreementduring budget consideration should be resolved constitutionallyRecommendationsThe Committee therefore wishes to make the following recommendations:i. Section 81 (1) of the 1999 Constitution should be amended to specifytime lines for the submission and approval of the Budget by theExecutive and the Legislature respectively such that BudgetImplementation can commence on 2nd of January every year. Thefollowing timelines are proposed:

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September deadline for presentation of the Appropriation Bill by theExecutive to the National Assembly. Consideration and passage of the Bill by the National Assembly notlater than 30th November. Mr. President’s Assent within 30 days.ii. There is a need for harmonious relationship between the Executive andLegislative Arms of Government in the overall best interest of thenation. The President and the Leadership of the National Assemblyshould continue to nurture and work toward the realization of this goal.iii. The issue of Constituency Projects which has often been a major causeof disagreement during budget consideration should be resolvedconstitutionally.In the long term, Government should consider adopting the American modelof Budget Preparation and Management by the Office of Management andBudget (OMB) which over the years has developed a lot of expertise not onlyin Budget Preparation and Management, but also in procurement and closemonitoring of the performance of all Departments and Agencies ofGovernment.

7.5. Service DeliveryThe essence of Public Service Reform is to improve the effectiveness andperformance of the Civil Service in a sustained manner and, in particular, raisethe quality of service delivered to citizens.FindingsImproved service delivery has been a major plank of Public Service Reform inNigeria since 1999. The earliest manifestation is the Introduction ofSERVICOM in all MDAs and its percolation to other tiers of Government. Itentailed generally a shift from bureaucratic bottleneck towards a new way ofworking which is faster and more responsive. It also entails rendering serviceto the public in the most satisfactory way in terms of quality, timeliness, costand courtesy.The Committee recognizes that performance budget, performancemanagement and service delivery are intricately interwoven. Thus, any effort

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to institute performance budget and performance management will enhanceservice delivery.RecommendationsThe following recommendations are proffered for the attainment of sustained,improved service delivery:i. Every sector and agency of government should be primed for enhancedservice delivery.ii. Government should design standards of service delivery for all agenciesand provide brochures which will explain their services, procedures andstandards to the general public.iii. Agencies should strive to ensure value for money in the delivery ofservices.iv. There should be provision for redress for citizens who are denied ofeffective, efficient and courteous service by agencies and/or officials.v. All agencies of government should strive to be customer-driven and thereshould be periodic customer surveys to measure citizens’ satisfaction.7.6. Anti-Corruption, Accountability and TransparencyThere are overwhelming arguments in favour of making Anti-corruption,Accountability and Transparency core elements of Public Service Reforms.Although we have made several references to the international dimensions ofPublic Service Reforms, these elements are by far the most internationalized.Just as nations can no longer exclusively decide how they treat their citizens,they can no longer decide exclusively how they run their governments. Today,there are norms and acceptable way of conducting Public ServiceManagement which any nation can ignore at its own peril. For example, failureto abide by the “rules of the game” can jeopardize foreign trade, internationalco-operation and Foreign Direct Investment.Corruption has attained frightening dimensions at the advent of democraticgovernance in 1999. Sadly too, accountability and transparency in ournational life had reached its nadir. This, no doubt, explains why they weretackled headlong right from the early days of the return to democratic rule.

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FindingsSince then the following measures have been taken not only to fightcorruption but to promote integrity, accountability and transparency in themanagement of public affairs.a) Enactment of Anticorruption laws like EFCC and ICPC.b) Strengthening of Accountability and Transparency through Due Processand the Public Procurement Act.c) Renewed emphasis on Rules, Regulations and Procedures in the PublicService.d) Enactment of the Freedom of Information Act.In spite of the foregoing, corruption has remained pervasive in the public andprivate sectors resulting in large numbers of abandoned projects,overvaluation of contracts, bloated budgets, substandard works and poorservice delivery.RecommendationsIn view of the fact that corruption remains the most formidable hindrance tosocio-economic development the following measures are recommended:i. Anti-corruption fight must address the root causes of corruption such aspoor remuneration in the Public Service, lack of social security, degeneratevalue system that encourages wealth accumulation and lack of socialsecurity;ii. Effective steps to involve the three tiers and the three arms of governmentin the fight against corruption;iii. Ensure financial autonomy and adequate funding for anti-corruptionagencies;iv. Full implementation of the Public Procurement Act in view of the criticismthat has trailed the failure to constitute the National Council on PublicProcurement;v. Diligent prosecution of all cases of corruption and the creation of SpecialCourts for the speedy determination of corruption cases.vi. Monitoring of the life style of public officers and the enforcement of theprovisions of the Code of Conduct Bureau;vii.Active involvement of CSOs and the Media;

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viii. Code of Conduct, Ethics and core values for Public Officers to beprovided and enforced;ix. The Curriculum for Training and Capacity Building programmes in thePublic Service should include the core values of integrity, transparency,accountability, honesty, probity, hard work, humility, courtesy andhumanness. These are desired human qualities for enhancing productivityand effective, efficient and timely service delivery.7.7. Performance Management in the Public ServiceOne of the core elements of Public Service Reforms globally is PerformanceManagement which is an essential ingredient of a result-oriented PublicService. The bane of the Public Service is that it is not traditionally mission-driven or result-oriented. Consequently, setting targets and measuringachievements have not been important elements of Public ServiceManagement. In recent times, however, there have been increasing demandsto Reinvent Government and employ the entrepreneurial spirit to transformthe public sector in order to respond to economic challenges and theincreasing demands for improved service delivery. The entrepreneurialapproach makes it imperative for Governments to be driven by their goals orMISSIONS rather than rules and regulations, and also to measure theperformance of their agencies, focusing on OUTCOMES rather than INPUTS.They are increasingly customer-driven and define their clients asCUSTOMERS.In a typical performance management framework, there are clearly setprocesses for measuring or assessing employees’ or managers’ performancein order to determine whether or not they are performing their functionseffectively. These processes will include:a. Clear statement of the Vision and Mission of the Ministry, Department ofAgency.b. Policy thrust and programme (for the relevant period).c. Targetsd. Performance Indicatorse. Expected outputs and impact

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f. Performance Evaluation.The Importance attached to Performance Management globally isunderscored by the Provision of Legal framework by some countries like theUSA which enacted the Government Performance and Results Act (GPRA) in1993. The main elements of GPRA are as follows:a. Agencies are required to develop five-year strategic plans that mustcontain a mission statement for the agency as well as long-term resultoriented goals for each of its major functions.b. Agencies are to prepare annual performance plans for the relevant fiscalyear, describe briefly how the performance goals can be verified.c. Agencies must prepare annual performance reports that review theirsuccess or failure in meeting their targeted performance goals.FindingsPerformance Management especially its application at agency level has notonly featured prominently in Nigeria Public Service Reforms but has recordedmodest progress. This is attested to by the establishment of service chartersor contracts.RecommendationsIn order to ensure more progress the following recommendations are beingmade:i. Every budget should clearly indicate the performance targets andperformance indicators for all MDAs;ii. The targets and performance indicators should be publicised in the budgetdocument and adequately publicised so that the public can keep track ofthe performance of MDAs;iii. A legal framework should be provided for performance management. Thiswill be similar to the United States of America’s Government Performanceand Results Act (GPRA) of 1993;

iv. Performance management at the individual level should be accordedthe desired emphasis and used as a tool for reward or sanctions in thepublic service. More specifically, promotion and career progressionshould be tied to continued good performance.

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v. The phased implementation of Performance Management recommendedby the Adamu Waziri Fika Presidential Committee of 2012 should beadopted; andvi. Our Governments and those who run them should begin to develop newways of thinking about the conduct of Government business in line with theglobal trend of “Reinventing Governments” to become catalytic,competitive, mission-driven, enterprising, proactive, decentralized andmarket oriented.7.8. Capacity Building and Continuous Skill Development

Findingsi. Any workforce is as effective and efficient as the quality and frequencyof the training its members are exposed to. Every day, newadministrative practices are being made available in the world labourmarket and cutting edge skills are being developed. Institutions whichavail themselves of such best practices are those that are leading inoutputs and service delivery. As emphasized in the 2005 PoliticalReform Conference Report, “Government at all levels should placeemphasis on regular training and retraining of Public Servants, an areathat have been long neglected and which has led to the lowering ofstandards and efficiency in the service”ii. Given the various reform measures that have been taken by theGovernment to reposition the Civil Service, appropriate policy measureshould be introduced to address the declining productivity of Officers.Towards this end, the criteria for promotion in the Civil Service shouldbe reviewed with a view to ensuring that only deserving Officers getpromoted.Recommendationsi. Training programme based on identified training needs, especially ininformation and modern technological trends to make Public Servantsconversant with new developments and more effective in the delivery ofservices should be drawn-up. Adequate funding for training should also

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be provided with at least 10% of personnel cost to be set aside for thepurpose;ii. Existing Public Service training institutions should, as a matter ofurgency, be refurbished and their capacities upgraded. These includethe Administrative Staff College of Nigeria (ASCON), Centre forManagement Development (CMD) and Public Service Institute (PSI)which should be provided with enhanced funding for improved facultyand maintenance;iii. New entrants to the Public Service should be exposed to trainingprogrammes relevant to their Scheme of Service and careerprogression;iv. In line with the provision of Public Service Rule 020806, “Officers whofail promotion examination on three (3) consecutive attempts on the samegrade and whose on the job performance has been accessed to be belowaverage shall be required to leave the Service”.

7.9. Incentive Framework for Public Servants, Service Welfare andProductivity

FindingsSecurity of tenure in the Civil Service has vanished due to misguided andfrequent purges which have had deleterious effect on experience, knowledge,continuity, ethics and service delivery. As a result, despair and corruptionwould appear to be soaring. Worse still, the Civil Service is currently bereft ofany meaningful welfare benefit such as affordable housing or easy access tohealthcare facilities.Recommendationsi. The provision of section 173 (3) of the 1999 Constitution (as amended) tothe effect that “Pensions shall be reviewed every five years or togetherwith any Federal Civil Service salary review, whichever is earlier” has notbeen complied with after fourteen years of the effectiveness of theConstitution. This should be done immediately;ii. Existing housing policy for Civil Servants should be reviewed to facilitateeasy access to long term mortgage. The Civil Service Staff Housing Board

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should be strengthened and funded to enable it cater for the needs of CivilServants;iii. Relevant section of the Pension Reform Act, 2004 which requires that partof the available funds from the Contributory Pension Scheme be invested inthe Real Estate Sector to boost availability of mortgage should be adheredto. As at the end of April 2014, the scheme’s investment in the Real EstateSector was zero;iv. The operations of the National Health Insurance Scheme (NHIS) should, asa matter of priority, be overhauled. Contributors to the Scheme arecurrently left without coverage as their health requirements and those ofmembers of their families are just not being met under the Scheme. CivilServants would appear to be the most “short-changed” under the Schemewith serious negative effect on their health status and morale;v. Everyone indicted of corruption in relation to pension administrationshould be promptly brought to justice;vi. On a general note, a division of the Federal High Court should be dedicatedto the handling of corruption cases to expedite their timely disposal as ameasure for stemming the high tide of corruption in our system;vii. A new sub-section should be introduced in Section 173 of the 1999Constitution (as amended) to compel Government to review Public Sectorpay every five years to take cognizance of trends in the cost of living index.7.10. Institutional Framework for Sustainable ReformsAs the Committee has earlier observed, efforts at reforming the Public Servicedate back to the early 1970s especially with the Public Service ReviewCommission (Udoji Panel) of 1974. Since then, Public Service reforms havefeatured prominently driven by socio-economic reforms and initiatives likeSAP, Vision 2010, NEEDS, Vision 20: 2020 and global best practices. Thesebest practices have been championed by some of the developed countries (UK,Newzealand, Singapore); International Financial Institutions, Donor Agencies,the NEPAD and Commonwealth Secretariat.It is significant that both NEEDS and Vision 20: 2020 place a lot of emphasison Public Service Reforms as indispensable to the realization of their

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objectives. Under NEEDS, for example, the components of Public ServiceReform identified as critical are:a. Reforms of public expenditure and budgeting.b. Strengthening basic service delivery through improved governancenorms.c. Reinvigoration of the efforts to improve transparency, accountabilityand the fighting of corruption.Similarly, Vision 20: 2020 recognizes that the Public Service is an essentialpillar of a modern nation because it is the machinery for implementingGovernment initiatives as well as the enabler and regulator of the privatesector. It therefore sees the goal of reform as that of establishing an effective,efficient, highly-skilled, merit-driven and integrity-based Public Service thatwould act as catalyst and change agent for realizing the goal of the Vision.It is this overarching importance of the Public Service Reforms that makes itcritical to have institutional framework for its sustainability.Findingsi. It is noteworthy that Government has established the Bureau for PublicService Reform to drive Public Service Reforms.ii. It is equally significant that the Federal Government has developed aNational Strategy for Public Service Reform (NSPSR). According to thestrategy document, “the NSPSR is to provide a common vision and long-term agenda to guide the rebuilding and transformation of the FederalPublic Service.iii. The ultimate objective is to have a world class public service forachieving Nigeria’s Vision 20: 2020”.RecommendationsThe following recommendations are being made to guarantee thesustainability of our Public Service reforms:i. Recognizing that Reforms are a continuous exercise and the need for themto be sustained and deepened by successive administrations;ii. Wholehearted commitment by the political and bureaucratic leadership;

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iii. The need to ensure that reform is focused not only on management butalso on leadership and thereby encourage the emergence of a critical massto champion and sustain reforms;iv. Involvement of critical stakeholders in the reform process by involving allarms and tiers of Government, the Private Sector, Civil SocietyOrganizations (CSOs) right from the reform design stage to enhance itscredibility and the chances of successful implementation.v. The commitment of Public Sector employees in the three tiers and arms ofGovernment to reform efforts in order to create a sense of ownership.vi. Enlisting the support of the general public, Civil Society Organizations(CSOs) and the Media in tracking the implementation of reforms.vii.Development of a national system of monitoring and evaluation of theimplementation of reforms.7.11. Personnel Pay Management

FindingsPay in the Public Sector particularly in the Civil Service has become grosslyinadequate. After a long period of lack of review, Public Sector pay is currentlydetached from the “Comparability Principle” upon which it was originallyhinged. Due to years of value erosion arising principally from cumulativeeffects of inflation and depreciation of the Naira vis-a-vis other currencies, thelower rump of the public sector is falling rapidly below the poverty line. Thereis an urgent need to arrest the increasing destitution of the lower level PublicServants to boost their morale and, in fact, stem much of the corruption that iscurrently ravaging the Public Sector and undermining service delivery. Theimplementation of the integrated Personnel Payroll Information System(IPPIS) has led to significant reduction in payroll fraud (ghost workers) in theCivil Service with quantum savings in personnel expenditure. But the systemis yet to be applicable to some parastatals and agencies where population isabout six folds of that of the Civil Service.

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Recommendationsi. A new subsection should be introduced in Section 173 of the 1999Constitution to compel Government to review Public Sector payevery five years to take cognizance of trends in the cost-of-livingindex.ii. The Principle of Comparability should be restored to Public Sectorpay. A new study of the job content and pay structure of both thepublic and the private sectors should be swiftly undertaken to ensurethat comparable work in the Public Sector vis-a-vis the Private Sectorattracts comparable pay;iii. There should also be job evaluation in the entire Public Service as apremise for harmonizing pay in the parastatals and agencies withwhat obtains in the Civil Service. This would not only restorerelativity between the pay in the parastatals and agencies viz-a-vizthat of the Civil Service, it is also capable of reducing the size of therecurrent budget.7.12. Labour Issues (Including Minimum Wage) and Retirement AgeThe Committee debated extensively the proposal from the memorandum ofLabour Unions that “minimum wage” should be retained on the ExclusiveLegislative List and that the retirement age in the Civil Service should bereviewed upward to sixty-five (65) years of age or forty (40) years of servicefrom the present practice of 60 years of age or 35 years of service. Also, theleadership of the Unions gave extensive explanation when they appearedbefore the Committee on the need to retain minimum wage on the ExclusiveLegislative List and uphold upward review of retirement age in the CivilService.The Committee noted the fact that “minimum wage” is a minimum belowwhich employers should not go in the remuneration of their workers. Suchminimum wage is usually fixed at a level that is just above the poverty line. It

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is the responsibility of the Federal Government to ensure that the pay of everyNigerian is above the poverty line and as such decides to recommend theretention of minimum wage in the Exclusive Legislative List. Also theCommittee noted the international best practice whereby a good number ofcountries now put retirement age at sixty-five (65) years of age.Recommendationsi. “Item 34 of Part 1 of the second schedule of the 1999 Constitution (asamended) should be retained on the Exclusive Legislative List;ii. Upward review of retirement age to sixty-five (65) years of age or forty(40) years of service from the present practice of sixty (60) years of ageor thirty-five (35) years of service, whichever is earlier7.13. Constitutional and Legal Framework for Public Service

ManagementFindingsIn spite of the pivotal importance of the Public Service to governance and thesocio-economic development of the nation, the reference to the Public Servicein the 1999 Constitution is perfunctory. In this regard, Section 169 of theConstitution simply states that, “There shall be a Civil Service of theFederation”. Furthermore, Section 170 makes reference to the Federal CivilService Commission and its power to delegate any of the powers conferredupon it by the Constitution. Those powers which are contained in Part 1DItem 11 (1) of the Third Schedule relate to the appointment of Persons tooffices in the Federal Civil Service and the power to dismiss and exercisedisciplinary control over persons holding such offices.In sharp contrast, Chapter 10 of the 1996 Constitution of South Africa makesprovision for the basic values and principles governing public administrationwhich include:i. a high standard of professional ethicsii. efficient, economic and effective use of resources.iii. being development-oriented.iv. providing services impartially, fairly, equitably.

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v. adequate response to people’s needs and building of public trust byensuring their participation in policy-making.vi. being accountable and transparent by providing the public with timelyand accurate information.vii. good human resource management and career-development tomaximize human potential.viii. being broadly representative of the South African people.While it is true that several of these provisions can be found in various laws,rules, regulations and procedures guiding the Public Service in Nigeria,enshrining them in the Constitution will underscore their importance.RecommendationThe 1999 Constitution should be further amended to contain similarprovisions which can come appropriately under the Fundamental Objectivesand Directive Principles of State Policy in Chapter Two of the Constitution (asamended) as “Public Service Objectives”.7.14. Persons Living with DisabilitiesThe Committee received a number of Memoranda and presentations fromgroups of Persons Living with Disabilities (PLWD). The Committee observedthat sufficient attention is not being paid by Governments at all levels to theplight of these persons. Government offices have no special provision foraccess to PLWD and special toilet facilities are hardly provided. The streetsare also not disability friendly in terms of road crossing and the provision ofspecial routes for those on wheel chairs. During promotion examinations, thequestion papers are not usually translated into braile for the blind and alsoextra time are given to PLWD to compensate for their slow reaction in manyregards.Recommendationi. Efforts should be made by governments at all levels to make all Public

Offices disability friendly by providing special access facilities forPLWD including RAMPS for wheel chairs, lifts, or special steps to higherfloors, etc;

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ii. In Public Offices, special toilets should be provided for PLWD;iii. Ministries, Departments and Agencies should have a desk for PLWDwhich should be occupied by one of them to enable him/her cateradequately for PLWD;iv. Governments at all levels should design Scheme of Service for SignLanguage Interpreters so that employment and work of the deaf will befacilitated;v. It should be a deliberate policy for all governments to have affirmativeaction in the employment of PLWD in the Public Service; andvi. Governments at all levels should add an allowance equivalent to SalaryGrade Level 06 to the pay of each PLWD to enable him/her employ anaide.7.15. Creation of a Separate Foreign Service and a Foreign Service

CommissionThe Committee met with representatives of the Association of RetiredAmbassadors of Nigeria who submitted a memorandum on the need to createa separate Foreign Service Commission to facilitate the employment,promotion and discipline of Foreign Affairs Officers. The Committee ispersuaded that their request deserves considerationRecommendationsi. Creation of a Separate Foreign Service;ii. Creation of a Separate Foreign Service Commission with a Chairmanand six (6) Commissioners, one from each of the six (6) geo-politicalzones;iii. Amendment of the Constitution to include the Foreign ServiceCommission amongst the Federal Executive Bodies listed in Section153(1) of the Constitution.

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Chapter EightSummary of Recommendations

Constitutional and Legal Matters

State of the Public Service as Documented in Previous Reportsi. For the Federal Civil Service Commission (FCSC), Section 158(i) of the1999 Constitution (as amended) should be reinforced to provide that,while the appointment of the Chairman and the Commissioners is madeby the President, only seasoned and retired Civil Servants with cognateexperience and integrity in Public Sector management should beappointed;ii. To reinforce the provision of Section 169 of the 1999 Constitution(as amended), a Civil Service Act should be enacted to provide alegal framework for the effective management, sustainable fundingand coordination of the Civil Service. Such an Act, among others,should prohibit transfers into the Directorate level of the Service andprescribe mandatory training as basis for consideration for promotionto the middle management level of the service (Grade Levels 12 to 14)and directorate level (Grade Levels 15 to 17);iii. Sections 171(3) and 208 (3) of the 1999 Constitution, dealing withthe appointment of the Head of the Civil Service to either theFederal or State Civil Service be amended to read: "An appointmentto the office of the Head of the Civil Service of the Federation shall notbe made except from among serving Permanent Secretaries in theFederal Civil Service. The same principle should be applied in theappointment of the Head of the Civil Service of a State;iv. It is important that at all levels, the Constitution specifies that aPermanent Secretary should be appointed from the directorate levelof the relevant Civil Service, and must be a person of provenintegrity who has not less than ten(10) years experience in thedirectorate level, having progressed from Grade level 15 to 17;

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Federal Character and Other Constitutional Matters

i. A law should also be enacted to make it mandatory to have, at the Statelevel, the State Character Commission to safeguard the interests ofMinority Communities.

Retirement Benefitsi. Section 173(3) of the 1999 should be amended to make retirees entitledto free medical service at Government expense at designatedGovernment Hospitals.ii. Part of the funds accumulated under New Pension Scheme should bechanneled to Real Estate Investment as provided for under Section 73(1) (h) of the Pension Reform Act 2004 to provide additional housingfor public servants through a well funded mortgage system;New Challenges and Reforms

Size and Cost of Governancei. Constitutional amendment to the provision in Section 147 (3) whichrequires that in conforming with the Federal Character provision inSection 14 (3) “the President shall appoint at least one Minister fromeach State” and replace with a provision that “the President shallappoint not more than one (1) Minister from each State”.ii. Legislators at the National and State levels should function on part-timebasis while their allowances should be comparable with what obtains inother arms of the Public Service. Payment of Pension, Life insurance andseverance for Legislators (where they exist) should be cancelled in linewith global best practices.Presentation, Consideration, Passage and Presidential Assent to theAppropriation Billi. Section 81 (1) of the 1999 Constitution should be amended to specifytime lines for the submission and approval of the Budget by theExecutive and the Legislature respectively such that Budget

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Implementation can commence on 2nd of January every year. Thefollowing timelines are proposed: September deadline for presentation of Appropriation Bill by theExecutive to the National Assembly; Consideration and Passage of the Bill by the National Assembly notlater than 30th November; Mr. President’s assent in 30 days.

Performance Management in the Public ServiceA legal framework should be provided for performance management.This will be similar to the United States of America’s GovernmentPerformance and Results Act (GPRA) of 1993.Incentive Framework for Public Servants, Service Welfare andProductivity

i. The provision of section 173 (3) of the 1999 Constitution (as amended)to the effect that “Pensions shall be reviewed every five years ortogether with any Federal Civil Service salary review, whichever isearlier” has not been complied with after fourteen years of theeffectiveness of the Constitution. This should be done immediately;ii. A new sub-section should be introduced in Section 173 of the 1999Constitution (as amended) to compel Government to review PublicSector pay every five years to take cognizance of trends in the cost ofliving index.Personnel Pay ManagementA new subsection should be introduced in Section 173 of the 1999Constitution to compel Government to review Public Sector pay every fiveyears to take cognizance of trends in the cost-of-living index.

Labour Issues, Including Minimum WageThe Committee noted the fact that “minimum wage” is a minimum belowwhich employers should not go in the remuneration of their workers. Such

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minimum wage is usually fixed at a level that is just above the poverty line. Itis the responsibility of the Federal Government to ensure that the pay of everyNigerian is above the poverty line and as such decides to recommend theretention of minimum wage in the Exclusive Legislative List. Also theCommittee noted the international best practice whereby a good number ofcountries now put retirement age at sixty-five (65) years of age.Recommendationsi. “Item 34 of Part 1 of the second schedule of the 1999 Constitution (asamended) should be retained on the Exclusive Legislative List;ii. Upward review of retirement age to sixty-five (65) years of age or forty(40) years of service from the present practice of sixty (60) years of ageor thirty-five (35) years of service, whichever is earlier.Constitutional and Legal Framework for Public Service ManagementThe 1999 Constitution should be further amended to contain provision whichcan come appropriately under the Fundamental Objectives and DirectivePrinciples of State Policy as “Public Service Objective”. Such objective include:i. a high standard of professional ethics;ii. efficient, economic and effective use of resources;iii. being development-oriented;iv. providing services impartially, fairly, and equitably;v. adequate response to people’s needs and building of public trust byensuring their participation in policy-making; andvi. being accountable and transparent by providing the public withtimely and accurate information.vii. It is important that at all levels, the Constitution specifies that aPermanent Secretary should be appointed from the directorate levelof the relevant civil service, and must be a person who has had notless than ten years experience having progressed from Grade level15 to 17;

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Creation of a Separate Foreign Service and a Separate Foreign ServiceCommissionAmendment of the Constitution to include the Foreign Service Commissionamongst the Federal Executive Bodies listed in Section 153(1) of theConstitution.

Policy Matters

Management of the Public Servicei. The Civil Service must not compromise on training and capacitybuilding. Training is indeed the life wire of the Civil Service. A well-funded system of regular structured training arrangement both at thelevels of Office of the Head of the Civil Service of the Federation (OHCSF)and of Ministries, Departments and Agencies (MDAs) should be put inplace;ii. Prohibit transfers into the directorate cadre of the Service and prescribemandatory training (coupled with successes in correspondingexaminations) as basis for consideration for promotion to the middlemanagement cadre of the service (Grade Levels 12 to 14) and thedirectorate cadre (Grade Levels 15 to 17).iii. The annual appropriation to training and development should not beless than 10% of personnel emoluments.iv. States and Local Governments should have planning Units that will berequired to key into the National Planning Process so that developmentprogrammes in both socio-economic and infrastructural spheres arereflected as a component of the National plan.v. The Annual Budget must be strictly implemented within the specificbudget year to realize the developmental goals of the country.vi. Agencies of government such as the National Orientation Agency shouldconcentrate on programmes aimed at encouraging the restoration ofcore values of honesty, discipline, hard-work, patriotism and selflessservice to the nation.

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vii. The state of the art Information Storage and Retrieval System mannedby well-trained professional Civil Servants should be installed in theoffices of the Secretary to the Government, Head of the Civil Service andall Ministries, Departments and Agencies (MDAs ), as well as similaroffices at the State level. All records in the Service should be properlyarchived in order to have adequate and reliable records of governmentactivities.viii. In order to have an effective institutional memory system for theenhancement of national capability, there is a need to have a “TalentPool” made up of retired directorate level officers, and PermanentSecretaries, and Heads of Service to enable the Service and the nationbenefit from their in- depth knowledge and vast experience;

State of the Public Service as Documented in Previous Reports

i. There is the need for the Civil Service across the nation to operatecommon rules and practices so that the citizenry is not confronted withdifferent procedures when dealing with each arm and tier ofgovernment.ii. There is the need to strengthen the institutional managementsystem in the Civil Service in order to build its strength andcapacity to deliver on government business. The Office of the Head ofCivil service of the Federation (OHCSF) and the Federal Civil ServiceCommission (FCSC) which are responsible for managing andcoordinating the Civil Service should be insulated from politicalpressure particularly in the areas of personnel recruitment, promotion,discipline and posting, in the true spirit of a merit –based system, whichis the hallmark of an efficient and effective Civil Service all over theworld;iii. A Civil Service Coordinating Forum, should be institutionalized andchaired by the Head of the Civil Service of the Federation, for promotinginstitutional linkages, experience sharing, knowledge exchange, peerreview and effective coordination of the Services;iv. For the appointment of the Permanent Secretary, unless an officerhas served and progressed from Grade Levels 15 to 17 in the

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Directorate level of the Civil Service within a period of not less thanten (10) years, he/she should not be considered for the post;v. There is the need to put in place a robust mechanism for ensuringrancor – free planning and budgeting processes in order to obviate theregular acrimony and misunderstanding that usually arise between theExecutive and the Legislative Arms of Government;vi. The annual presentation to the National Assembly under the FiscalResponsibility Act should be the joint responsibility of the Federal Ministryof Finance (FMF) and the National Planning Commission (NPC);vii. Annual Capital Budget should originate from NPC and be sent to FMF forfunding, and forwarding of the Draft Budget for consideration of theNational Assembly;

viii. In order not to overburden the MDAs, oversight functions should befully funded and captured in the budget of the National Assembly;ix. Political Office holders and Civil Servants must recognize the need

for mutual respect, synergy and complementarity in theirstewardship to advance the cause of democratic governance andthe promotion of the common good;

Federal Character and Other Constitutional Mattersi. Continued application and enforcement of the Federal CharacterPrinciple in the Public Service, most especially in the Parastatals andCommissions;ii. A realistic review of the Commission’s second mandate in view of theobvious difficulty of its implementation;iii. The establishment of State Character Commission by every state of theFederation to protect the interest of minority groups;iv. In the composition of FCC membership, the Member from a State shouldbe nominated by the State Government for appointment by thePresident, and subject to the confirmation of the Senate as in the Act.Retirement Benefitsi. There should be strict compliance with the provisions of Section 173(3)of the 1999 Constitution (as amended) which mandates the review of

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pension after a salary review exercise or after a five – year period,whichever is earlier. This is applicable to the old Pension System;ii. There should be an effort to sanitize and develop an integral registerand accurate databank of pensioners in the Federal and States CivilServices with a view to ensuring prompt payment of all pensionentitlements under the Defined Benefit Scheme (Pay – As – You – Go);iii. There should be an effort to sanitize and develop an integral registerand accurate databank of pensioners in the Federal and States CivilServices with a view to ensuring prompt payment of all pensionentitlements under the Defined Benefit Scheme (Pay – As – You – Goscheme);iv. Free Medical Service should be available to all Nigerians above the ageof sixty (60 );v. Employers of labour should substantially increase their share of thecontribution in the Contributory Pension Scheme to make beneficiariesenjoy benefits as closely as possible with retirees on the old system.This is in view of the fact that the Pay-as-You-Go scheme has a provisofor review after every 5 years or at every upward review ofsalaries/wages while the new system is static;vi. PENCOM should be encouraged to embark on Nationwide SensitizationProgramme on the New Contributory Pension Scheme to enable moreemployers and employees buy into it;vii. The Bureau of Statistics should in conjunction with the Nigeria ActuarialSociety conduct comprehensive investigations and provide requisitemortality tables which can then be used in the Pension Schemecomputations;viii. More intensive efforts should be made to identify ghost pensioners, andstiffer penalties should be applied against perpetrators of fraud.ix. Diligent prosecution of all cases of corruption and the creation ofSpecial Courts for speedy prosecution of corruption cases.Size and Cost of Governancei. Full implementation of Integrated Personnel and Payroll

Information System (IPPIS) to ensure payroll integrity and eliminate

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ghost workers in the Civil Service, Parastatals, the Legislature, theJudiciary, the Military and the Para-Military;ii. While it is appreciated that the nature of Presidential system ofGovernment necessitates the appointment of ‘Special Advisers’ and‘Special Assistants’ to the President, the Vice President, the Governorand the Deputy Governor, its extension to Ministers, Commissioners andLocal Government Chairmen should be discontinued as a cost-savingmeasure. These categories of political office holders should utilize thestaff of their Ministries where it becomes necessary as contained inCircular Ref. No. B63833/73 of January 3, 2000.Budgeting and Public Expenditure Reformsi. Establish a national framework for monitoring and evaluating budgetperformanceii. Set budget performance targets for MDAsiii. Encourage CSOs to independently track implementation of programmesand projects.iv. Every Appropriation Bill to include key performance indicators andeffective sanctions for non performance.v. Evolve a new budgeting system to deemphasize the line item.

Presentation, Consideration, Passage and Presidential Assent to theAppropriation BillThere is a need for harmonious relationship between the Executive andLegislative Arms of Government in the overall best interest of the nation. ThePresident and the Leadership of the National Assembly should continue tonurture a harmonious relationship based on mutual respect.Service Deliveryi. Every sector and agency of government should be primed for enhancedservice delivery.ii. Government should design standards of service delivery for all agenciesand provide brochures which will explain their services, procedures andstandards to the general public.

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iii. Agencies should strive to ensure value for money in the delivery ofservices.iv. There should be provision for redress for citizens who are denied ofeffective, efficient and courteous service by agencies and/or officials.v. All agencies of government should strive to be customer-driven andthere should be periodic customer surveys to measure citizens’satisfaction.Anti-Corruption, Accountability and Transparencyi. Anti-corruption fight must address the root causes of corruption such aspoor remuneration in the Public Service, lack of social security,degenerate value system that encourages wealth accumulation and lackof social security;ii. Effective steps to involve the three tiers and the three arms ofgovernment in the fight against corruption.iii. Ensure financial autonomy and adequate funding for anti-corruptionagencies.iv. Full implementation of the Public Procurement Act in view of thecriticism that has trailed the failure to constitute the National Council onPublic Procurement.v. Diligent prosecution of all cases of corruption and the creation ofSpecial Courts for the speedy determination of corruption cases.vi. Monitoring of the life style of public officers and the enforcement of theprovisions of the Code of Conduct Bureau.vii. Active involvement of CSOs and the Media.viii. Code of Conduct, Ethics and core values for Public Officers to beprovided and enforced.ix. The Curriculum for Training and Capacity Building programmes shouldinclude training, cultivating, nurturing and moulding the conduct (moraland ethical character) of Public Officers and operators of the Public andCivil Service System to imbibe and have the core values of integrity,transparency, accountability, honesty, probity, hard work, humility,courtesy and humanness as desired human quality for enhancingproductivity and effective, efficient and timely service delivery.

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Performance Management in the Public Servicei. Every budget should clearly indicate the performance targets andperformance indicators for all MDAs.ii. The targets and performance indicators should be publicised in thebudget document and adequately publicised so that the public can keeptrack of the performance of MDAs.iii. Performance management at the individual level should be accorded thedesired emphasis and used as a tool for reward or sanctions in thepublic service. More specifically, promotion and career progressionshould be tied to continued good performance.iv. The phased implementation of Performance Managementrecommended by the Adamu Waziri Fika Presidential Committee of2012 should be adopted.v. Our Governments and those who run them should begin to develop newways of thinking about the conduct of Government business in line withthe global trend of “Reinventing Governments” to become catalytic,competitive, mission-driven, enterprising, proactive, and marketoriented.Capacity Building and Continuous Skill Developmenti. Training programme based on identified training needs, especially ininformation and modern technological trends to make Public Servantsconversant with new developments and more effective in the delivery ofservices should be drawn-up. Adequate funding for training should alsobe provided with at least 10% of personnel cost to be set aside for thepurpose;ii. Existing Public Service training institutions should, as a matter ofurgency be refurbished and their capacities upgraded. These include theAdministrative Staff College of Nigeria (ASCON), Centre for ManagementDevelopment (CMD) and the Public Service Institute of Nigeria (PSIN)which should be provided with enhanced funding for improved facultyand maintenance.iii. New entrants to the Public Service should be exposed to trainingprogrammes relevant to their Scheme of Service and career progression.

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iv. In line with the provision of Public Service Rule 020806, “Officers whofail promotion examination on three (3) consecutive attempts on the samegrade and whose on the job performance has been accessed to be belowaverage shall be required to leave the Service”.

Incentive Framework for Public Servants, Service Welfare andProductivityi. Existing housing policy for Civil Servants should be reviewed tofacilitate easy access to mortgage;ii. The Civil Service Staff Housing Board should be strengthened andfunded to enable it cater for the housing needs of Civil Servants;iii. Relevant sections of the Pension Reform Act, 2004 which requires thatpart of the available funds from the Contributory Pension Scheme beinvested in the Real Estate Sector to boost availability of mortgageshould be adhered to;iv. The operations of the National Health Insurance Scheme (NHIS) should,as a matter of priority, be overhauled. Contributors to the Scheme arecurrently left without coverage as their health requirements and thoseof members of their families are just not being met under the Scheme;v. Everyone indicted of corruption in relation to pension administrationshould be promptly brought to justice;vi. On a general note, a Special Court should be establish to handlecorruption cases to expedite their timely disposal as a measure forstemming the high tide of corruption in our system.

Institutional Framework for Sustainable Reformsi. Reforms are a continuous exercise and there is the need for them to besustained and deepened by successive administrations;ii. Wholehearted commitment by the political and bureaucratic leadershipto reforms;iii. The need to ensure that reform is focused not only on management butalso on leadership and thereby encourage the emergence of a criticalmass of champion to sustain reforms;

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iv. Involvement of critical stakeholders in the reform process by involvingall arms and tiers of Government, the Private Sector, Civil SocietyOrganizations (CSOs) right from the reform design stage to enhance itscredibility and the chances of successful implementation;v. The commitment of Public Sector employees in the three tiers and armsof Government to reform efforts in order to create a sense of ownership.vi. Enlisting the support of the general public, Civil Society Organizations(CSOs) and the Media in tracking the implementation of reforms;vii. Development of a national system of monitoring and evaluation of theimplementation of reforms.Personnel Pay Managementi. The Principle of Comparability should be restored to Public Sectorpay. A new study of the job content and pay structure of both the publicand the private sectors should be swiftly undertaken to ensure thatcomparable work in the Public Sector vis-a-vis the Private Sectorattracts comparable pay;ii. There should also be job evaluation in the entire Public Service as apremise for harmonizing pay in the parastatals and agencies with whatobtains in the Civil Service. This would not only restore relativitybetween the pay in the parastatals and agencies viz-a-viz that of theCivil Service, it is also capable of reducing the size of the recurrentbudget.

Labour Issues Including Minimum Wage and Retirement AgeUpward review of retirement age to sixty-five (65) years of age or forty (40)years of service from the present practice of sixty (60) years of age or thirty-five (35) years of service, whichever is earlier.Persons Living with Disabilities

i. Efforts should be made by governments at all levels to make all PublicOffices disability friendly by providing special access facilities for PLWD

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including RAMPS for wheel chairs, lifts, or special steps to higher floors,etc;ii. In Public Offices, special toilets should be provided for PLWD;iii. Ministries, Departments and Agencies should have a desk for PLWDwhich should be occupied by one of them to enable him/her cateradequately for PLWD;iv. Governments at all levels should design Scheme of Service for SignLanguage Interpreters so that employment and work of deaf personswill be facilitated;v. It should be a deliberate policy for all governments to have affirmativeaction in the employment of PLWD in the Public Service; andvi. Governments at all levels should add an allowance, equivalent to SalaryGrade Level 06, to the pay of each PLWD to enable him/her employ anaide.Creation of a Separate Foreign Service and a Separate Foreign ServiceCommission

i. Creation of a Separate Foreign Service;ii. Creation a Separate Foreign Service Commission with a Chairmanand six (6) Commissioners, one from each of the six (6) geo-politicalzones;

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Chapter NineConclusion

Discussions on the Nigerian Public Service usually evoke strong emotions andnostalgia about what is generally referred to as its glorious days ofmeritocracy, professionalism, integrity, patriotism, efficiency, impartiality andhigh ethical standards. The corollary to this, is the usual deprecation of thepoor standards, which the Public Service has descended to in terms of poorattitudes, negative values, low morale, inadequate capacity, insecurity, andcorruption which are usually attributed to the negative consequences of themassive purge of the 1970s and 1980s.In recognition of the fact that the Civil Service remains the indispensible toolfor the formulation and implementation of Government policies andprogrammes, successive Administrations have devoted considerable time,energy and other resources to a critical examination of the System and themeasures required to reverse the negative tendencies enumerated above sothat it can cope with its traditional and rapidly changing roles.All the efforts have crystallized into a broad range of Reforms which are aimedat the attainment of a world class Public Service. The Reform Agenda hasrecorded some successes with the establishment of SERVICOM, enhancedservice delivery, Budget and Performance Management and transparentprocurement practices.The truth, however, is that the Public Service Reform Agenda is still work-in-progress. It requires unwavering support from the political and bureaucraticleadership, the stakeholders including the three arms and tiers of Governmentas well as Public Officers themselves to guarantee its sustainability. Suchcommitment, coupled with institutional arrangements like the Bureau ofPublic Service Reforms and the enhanced performance of the Public ServiceTraining Institution will ensure that the best day of the Nigerian PublicService will not belong to the past but to the future.