A fresh leadership crisis likely to further unsettle the Nigeria Civil Service Union (NCSU) is brewing silently and may soon explode as the National President of the union is set to exit federal civil service, but shown signs of holding tight to the position, National Record investigations reveal.
Comrade Lawrence Amaechi, NCSU’s National President, entered federal public service through the then Federal Ministry of Agriculture, Water Resources and Rural Development on 8th September, 1986 as a Clerical Assistant on Grade Level 03.
His appointment, in line with civil service rules, was confirmed two years later on 8th September, 1988, as contained in Federal Republic of Nigeria Official Gazette No 71, Vol 85, dated 17th December 1998, obtained from the Office of the Head of Service of the Federation, Federal Secretariat, Abuja.
This effectively means that the NCSU President will clock 35 years in the federal civil service by September 8, 2021, three months from now.
Comrade Amaechi, who is retiring on grade level 09, is a 2007 graduate of Public Administration from the Ambrose Ali University, Ekpoma, Edo State. Following his degree, he was upgraded from Chief Clerical Officer on grade level 07 to Administrative Officer II on grade level 08.
When contacted last Tuesday to ask for an appointment to speak on his pending retirement from service, Comrade Amaechi took umbrage on the enquiry and accused this reporter of working with his opponents to bring him down.
Although he declined to speak and asked the reporter to either go to court or asked people who sent him to go to court, he seemed to have inadvertently admitted that he had submitted his retirement letter.
“You know, you have always worked with my opponents; that is why I said I want to know the news you are talking about,” Comrade Amaechi said. When this reporter responded that he was reaching out to him for interview in relation to his position as National President of the Civil Service Union, now that he is set to retire from service, the following conversation ensued:
Comrade Amaechi: What did they give to you; have they given you my letter of retirement, or they gave you first appointment; which one do you have?”
Reporter: I am asking for an interview, if you want us to do the interview now, then no problem.
Comrade Amaechi: Mr Law [being short form for Lawrence, the reporter’s name], I will not do any interview with you. Tell them…, whatever they can do, let them; they can go to court against me; I will not do any interview with you; those my people who are fighting me; I have defeated them at the Court of Appeal, I will defeat them up to Supreme Court, I will not do any interview.
Reporter: I am in possession of official gazette, your employment record, which says you were appointed on 8th September 1986…
Comrade Amaechi: [Cuts in] Gazette does not show when a person will retire; it showed only when you entered service. Have you worked as a civil servant before?
Reporter: No, I have not, but from the date of entry…
Comrade Amaechi: [Cuts in] That is what I am saying, as a civil servant…
Reporter: [Cuts in] The calculation of your length of service starts from the date of your entry, is that right?
Comrade Amaechi: There are things that follow that, true or false?
Reporter: Comrade President, are you saying you can stay in service after clocking 35 years?
Comrade Amaechi: Mr Law!
Reporter: Yes! I am listening, President.
Comrade Amaechi: That is not my retirement age; that is not my retirement period.
Reporter: Comrade President, retirement in the civil service is either age or length of service, whichever comes first, isn’t it? If there are some other issues or information to the contrary, let me know. That is why I requested to speak with you; I have the official gazette with basic details of your employment, and if you have other useful documents to contradict this, when we meet show them to me.
Comrade Amaechi: No I will not do that, I will not do that; those who are not satisfied can go to court; I am not going to show anybody any papers, I will take them to court.
Reporter: I am not interested about going to court…
Comrade Amaechi: And I said I will not give you that letter.
NR: It is the news value behind this that is my concern; I am not interested in going to court. From the civil service rule, you have 35 years of service; you are supposed to be going on your terminal leave now.
Comrade Amaechi: I said Mr Journalist, just go to court.
Reporter: I am not a member of your union; I am not interested in court…
Comrade Amaechi: [Cuts in] I said I will not grant you any interview; let the people who gave you that thing go to court; thank you sir.
Reporter: Thank you very much for giving me your time; I will quote what you said.
Comrade Amaechi: Yes, let them go to court!
What the Civil Service Rule Says
The provisions of Public Service Rules (2008 Edition) obtained by National Record from the Office of Head of Service of the Federation are explicit with regard to retirement of various categories of public servants.
The same edition of the Public Service Rules also does not provide any leeway on extension of service upon the attainment of the required age or length of service. Section 020810, sub-sections (i)-(iii) of the Public Service Rules deal with the matter in relation to core civil servants in Comrade Amaechi’s category, where it is held that:
“(i) The compulsory retirement age for all grades in the service shall be 60 years or 35 years of pensionable service whichever is earlier.
“(ii) No officer shall be allowed to remain in service after attaining the retirement age of 60 years or 35 years of pensionable service whichever is earlier.
“(iii) The provision [sic] of (i) and (ii) of the Rule is without prejudice to prevailing requirements for Judicial and Academic Staff of Universities who retire at 70 and 65 years respectively.”
Apprehension in the Union
Many members of the union and secretariat staff at the union’s national secretariat who spoke to National Record under anonymity for fear of retribution, expressed worry that there are signs that Comrade Amaechi is not preparing to leave office as President of the union.
A reliable source at the NCSU Wuse Zone 6 national headquarters revealed that though Comrade Amaechi had since written and filed his retirement letter, and is undergoing the required procedures for retirement, he is keeping those steps very close to his chest “with the aim of staying in office as President of the union when he is no longer paying check off dues.”
According to the source, the National Industrial Court presided over by Justice Sanusi Kado in a judgment on a case between NCSU under the leadership of Comrade Kiri Mohammed and some members had in 2019 held that it was illegal to allow elected leaders either at the state or federal levels “to serve out their tenure when retired from service.”
The source noted that the judgment specifically stated that the provisions under item 19 of part B of the Third Schedule to the Trade Union Act exclude retired employees from being members of trade unions.
Another staff of the union said what played out in the leadership of Comrade Kiri Mohammed is exactly what is about to happen. The staff expressed concern that if Comrade Amaechi is allowed to continue in office as President of the union when it is clear that he is no longer a due-paying member, the prevailing crisis is likely to deepen the union’s crisis and weaken it further in view of the several ongoing litigations inherited from the last leadership.
“I am surprised that Amaechi will try to do exactly what has affected our union so negatively; I thought we have learnt enough lessons from the Kiri experience to be doing it all over again,” the staff said, while pointing out that Comrade Amaechi is envisaging a scenario in which he would be sued by some aggrieved members and in the course of the litigation, he will be in office till his tenure ends.
A former staff of the union’s national secretariat conversant with the union’s internal politics, told this reporter in confidence that the union, at both the political and secretariat levels, has crisis of leadership legitimacy.
According to the former staff, the secretariat is headed by a General Secretary that had retired but recalled by Comrade Amaechi for the past two years. “There are some staff who are still serving at the secretariat but have, for more than two years now, reached their retirement period. I heard that Amaechi had asked one such staff to go but the man is going round lobbying the NLC leadership who has prevailed on Amaechi to allow him stay until the end of his tenure. A lot of unscrupulous things are happening in that union; I don’t know what is really going on,” the former staff lamented.
National Record gathered that at its National Executive Council meeting held on Wednesday, June 30, 2021, a staff redeployed from Yobe to the National Secretariat, Comrade Bomoi M. Ibraheem, was appointed as substantive General Secretary to replace the incumbent scribe, Comrade Yahaya I. Ndako with effect from September 1, 2021.
No comments from NLC, Ministry of Labour
Efforts to get the position of the Nigeria Labour Congress (NLC) and the Ministry of Labour and Employment failed.
While calls to the Registrar of Trade Unions, Mr Falonipe Amos, failed to go through, that of the Director of Trade Union Services, Mrs Omoabie Udeme Akpan, did; but she declined to comment pleading that as a civil servant she is not permitted to speak to the press except otherwise permitted by the relevant authorities in the ministry.
When contacted through text message, the ministry’s spokesperson, Mr Charles Akpan, responded that he would not be able to respond until Monday, next week.
A similar text message to the President of the NLC and Acting General secretary were not responded to up as at press time.
