The Nigerian Communications Commission (NCC) has come under scrutiny following the retirement of a director who claimed to have spent 39 years in civil service, exceeding the mandatory 35-year limit. The revelation has raised concerns about the enforcement of service rules and the potential legal implications for the commission.
NCC's Implementation of the 8-Year Director Rule
The NCC has been known to enforce a government circular that requires directors to retire after eight years in the position, a policy that dates back to the administration of the late President Umaru Musa Yar'Adua. This directive has led to the early retirement of several NCC directors who had reached the eight-year mark.
While many organizations have implemented the circular, some have found ways to circumvent it by using alternative titles such as General Manager or Coordinating Director. The NCC, however, has been quick to implement the directive, sending young and able directors into early retirement.
Retired Director's 39-Year Service Claim
Last week, a video clip circulated showing a speech given by one of the NCC's recently retired directors at his send-off party. In the speech, the director claimed to have spent a total of 39 years in service. This was possible for two main reasons: first, he did not spend eight years in the position of Director at the NCC, which was the focus of the commission's enforcement, and second, the NCC ignored years of his service elsewhere when computing the mandatory 35 years of service as stipulated in the conditions of service.
The NCC, in its computation, took into account only the time the director spent working within the NCC, erroneously overlooking his prior service. This approach has enabled individuals who started working after obtaining OND, NCE, or even secondary school qualifications to be skipped in the counting of their years of service. Many of these individuals began their careers in teaching or clerical office jobs before or in the year 1991.
Discrepancies in Service Computation
The NCC appears to calculate years of service from the time of youth service (NYSC), university graduation, or the time of joining the NCC, rather than from the actual start of employment after completing secondary school, OND, or NCE prior to 1991. This practice seems endemic in the system.
It has been common knowledge that in the past, anyone who completed an OND or NCE was required to work for two years before starting an HND or B.Tech course. Therefore, individuals who completed these qualifications in the 1980s and are still working in civil service could be acting in breach of the 35-year rule.
Potential Legal and Financial Consequences
The NCC must get its house in order, as documents signed by those who breached the 35-year rule and continued working illegally might be challenged. The commission could find itself at fault for these breaches.
The civil service, however, has a mechanism for recovering payments collected during illegal occupation of office after the retirement age of 60 or 35 years of service. Even positions attained during illegal occupation of office would have to be reviewed, as the foundation has been faulty. As the saying goes, you cannot build something on nothing and expect it to stand.
The new Head of Service, Abel Olumuyiwa, and his staff need to comprehensively address these issues service-wide to avoid numerous litigations against the government or government actions.
