The extension of tenure of Jamila Shu’ara as permanent secretary is wrong
For the second year running, President Muhammadu Buhari has extended the tenure of the Permanent Secretary, Federal Ministry of Education, Dr. Jamila Shu’ara who ordinarily ought to have retired from service by February last year. While no explanation has been given for the controversial decision that is already causing rumples within the federal civil service and the National Assembly, with all manner of insinuations, we strongly believe that it is uncalled for and does violence to the preachment of this government about due process and transparency. It is also an abuse of discretion and we call on President Buhari to rescind the decision immediately.
We recall that Shu’ara was due to retire from the Federal Civil Service on February 17, 2016, after attaining the mandatory age of 60. And in preparation for that, she sent in her notice, dated February 15, 2016, to the Head of Civil Service of the Federation, Mrs. Winifred Ekanem Oyo-Ita, about her intention to leave. Shu’ara, in her letter, thanked the federal government and President Muhammadu Buhari for “the opportunity of a rich employment”. Her action was in line with the civil service rules.
However, for some inexplicable reasons, President Buhari decided to extend her tenure by one year, precisely till February 17, 2017. In the letter conveying the presidential decision by the Office of the Head of the Civil Service of the Federation, Shu’ara was told that her emoluments and other conditions of service would be sustained till the new retirement date. The letter entitled: “Extension of Retirement Period”, was dated February 24, 2016 and signed by Oyo-Ita. Unfortunately, when that extension lapsed, Education Minister, Mallam Adamu Adamu said last week that the tenure has been further extended by President Buhari.
We do not doubt that the president has the discretionary powers to take certain decisions. But we hasten to say that the elongation of Shu’ara’s tenure is capable of destroying the civil service as an institution which has a long tradition and history of keeping to the rules of procedure on matters like this. It also sends a wrong signal that the service is being unduly politicised by the president, especially when the Public Service Rules Number 100238 is against Shu’ara’s tenure extension after attaining the age of 60.
What is particularly worrying is that it appears decisions like this have become synonymous with the current administration. It is very sad that the president is being accused again and again of promoting preferential treatment and nepotism in the placement of personnel in critical areas of our national life. But the pertinent question on the issue of the permanent secretary remains: is the presidency saying that there are no qualified personnel in the federal civil service that can easily step into Shu’ara’s vacant position?
In the interest of the institution, industrial peace and harmony in the civil service, we advise President Buhari to rescind the decision to further extend Shu’ara’s tenure. The issue here is not about the competence of the woman but rather about propriety and legality. In upholding the retirement age of 60 years in the public service of the federal government in Gusau v Comptroller-General of Customs (2014), the Court of Appeal categorically asserted that “a statement of policy, general or otherwise, cannot overrule or wipe away specific provision of the Public Service Rules especially where such policies are not written into the terms of the contract.”
Therefore, the policy of tenure extension for Jamila Shu’ara is illegal, null and void and ought to be set aside by President Buhari who has undertaken to eradicate official impunity and corruption in the land.