Office of the Head of Service of the Federation THE PRESIDENCY Federal Secretariat, Phase ll, Shehu Shagari Way, Maitama, Abuja, PAM.B. 249, Tel: 09-2346284 CIRCULAR HCSF/3065/Vol. 1/125 6th December, 2021 Chief of Staff fo the President, C-in-C Deputy Chief of Staff to the President, Office of the Vice President Honourable Ministers Secretary to the Government of the Federation Permaneni Secretaries Service Chiels/Inspector-General of Police Governor, Central Bank of Nigeria Chairrnan, Federal Civil Service Commission Chaiman, Police Service Commission Chairman, Code of Conduct Bureau Chairman, Code of Conduct Tribunal Chairman, Federal Character Commission Chairman, Revenue Mobilisation, Allocation & Fiscal Commission Chairman, Independent National Electoral Commission Chairman, Economic and Financial Crimes Commission Chairman, indepencient Corrupt Practices and other Related Offences Commission hairman, Federal Inland Revenue Service Chairman, National Drug Law Enforcement Agency Clerk of the National Assembly Secretary, National Judicial Council Accountant-General of the Federation Auditor-General for the Federation Surveyor-General of the Federation Chief Registrar, Supreme Court of Nigeria Directors-General and Chief Execulive Officers Parastatals/AgenciesHead of Service of the Federation HCSF/3065/Vol. 1/125 6 December, 2021 NEED TO PREVENT AVOIDABLE LITIGATIONS ARISING FROM POOR HANDLING OF DISCIPLINARY CASES IN MDAs Ht has been observed with great concern that there is an increase in court cases arising from dismissal and termination of appointment of staff without proper administrative procedures by some MDAs. This has led to avoidable litigation leading to court judgements against government with huge consequential financial burden. 2. In most cases, the Office of the Head of the Civil Service of the Federation {OHCSF) is joined as defendant in the litigations instituted by the aggrieved staff or their unions. The consequential appearance by the legal officers deplete the limited resources of the Office 3. In the light of the above development. all MDAs are strongly advised to follow due process in handling staff matters, especially disciplinary cases. As you are aware, there are useful extant rules, regulations and guidelines that guide disciplinary processes. Specifically, Public Service Rules (PSR) issued by OHCSF and “Guidelines on Appointments, Promotion and Disciplines” issued by the Federal Civil Service Commission (FCSC) are very useful. Circular, Ref. No. FCSC/CHMN/CL/17/WI.I/41 dated 24" October, 2013, issued by the Commission, is also useful. A copy is herewith attached. 4. In cases where there are doubis, the Office of the Head of the Civil Service of the Federation should be contacted for guidance. 5. Henceforth, Permanent Secretaries and Chief Executive Officers (CEOs) whose poor handling of disciplinary matters leading to avoidable court cases, consequential financial implication and embarrassment to government shall be personally held liable. 6. Permanent Secretaries are advised to note, and draw the attention of the CEOs of the agencies under their purview to the contents of this circular for compliance. Head of the Civil Service of the FederationFEDERAL CIVIL SERVICE COMMISSION Abidjan Street, Wuse Zone 3, P.M.B. 17, Garki - Abuja. Tel: 09-5237235, 09-6726116 K-24 October, 2013 FCSC/CHMN/CL/17/Vol. 1/41“ OFFICE OF THE CHAIRMAN CIRCULAR Chief of Staff to the President, Deputy Chief of Staff to the President, Office of the Vice President, Honourable Ministers/Ministers of State, Secretary ta’the Government of the Federation, Head of Civil Service of the Federation, Special Advisers/Senior Special Assistants, Service Chiefs/Inspector-General of Police, Chairman, Code of Conduct Bureau, Chairman, Federal Character Commission, Chairman, Independent National Electoral Commission, Chairman, National Population Commission, Chairman, Revenue Mobilization, Allocation and Fiscal Commission, Chairman, Independent Corrupt Practices and other Related Offences Commission,Chairman, Economic and Financial Crimes Commission, Chairman, National Drug Law Enforcement Agency, Permanent Secretaries and Heads of Extra-Ministerial Departments, Accountant-General of the Federation, Auditor-General for the Federation, Surveyor-General of the Federation, Directors-General/Chief Executives of Extra-Ministerial Departments, DISCIPLINARY CASES FROM MDAs RESULTING IN. LITIGATION In recent times, the Federal Civil Service Commission (FCSC) has been mentioned/joined as defendant in over 108 pending Court cases instituted by aggrieved Public Servants, while there are still before the Commission, other pending Petitions and Appeal Cases from aggrieved individual Public Servants whose disciplinary cases had resulted in dismissal, retirement and termination of Appointments. The Commission notes that these Court cases, Petitions and Appeals would have been averted if the Senior Stafl Committee (SSC) in the various MDAs had acted promptly in accordance with extant Rules and Regulations on such disciplinary cases. 2. The Commission also notes that pending disciplinary cases had escalated in recent times due to the negligence of MDAs to discipline any erring Officer as appropriate; and where such actionsare taken, it takes too long before decisions are reached by the MDAs. These have contributed to the increasing number of Court cases instituted by individual Public Servants against the MDAs, while joining the Commission as a party to such cases. Regrettably, the Commission does not have enough personnel and financial resources within its meager budget to prosecute these escalating numbers of cases. 3. The Commission is therefore constrained to point out that the attitude of the MDAs to such sensitive matters that border on the integrity of Public Servants negates the core values of the Public Service i.c. integrity, loyalty, efficiency, accountability to mention a few. The Commission needs to reiterate the provisions of extant Rules and Regulations in the Guidelines on Appointments, Promotion .and Discipline as issued by the Commission, Part V Sections 1 (i) to (ix) and particularly, Section (x) enjoin MDAs to dispense all pending disciplinary matters within a stipulated time. The Sections state inter alia: “Appropriate Committees on discipline matters shall convene meetings quarterly to consider all outstanding disciplinary cases in the Ministries and Extra-Ministerial Departments” and Section 8 (v) states that: “Under no condition should interdiction or suspension be made to last more than 3 months in the first instance. Where the need for extension arises, the permission of the Federal Civil Service Commission shall be obtained" 4, Henceforth, the Commission shall direct all pending matters, litigations in courts ta the MDAs concerned to defend them on their merit. This is in concurrence with the Presidential directive ascontained in letter Ref. No. BD/2000/EXP/S.321/1V/191 of 27% September, 2013, from Federal Ministry of Finance. 5. _ In the light of the foregoing, all MDAs are enjoined to aperate within the Guidelines; while the content of this Circular should be brought to the attention of all relevant Officers for strict compliance, Failure to do so will attract sanctions. IRE Dns. J. 0. Ayo, OON Hon. Chairman