REVEALED: 45 FG Directors Refuse To Leave Offices After Tenure Expired (Still Paid Salary)

Forty-five directors in the Foreign Affairs Ministry still remain in their offices even though they were to retire in December, 2013, as their eight-year tenure had expired.

Investigations have revealed that the lawmakers should have been relieved of their duties on December 31, 2013, after eight years in office. However, they are sitting tight, defying directions from the Head of Civil Service of the Federation and the Foreign Affairs ministry's permanent secretary to vacate their positions. 

The policy on tenure for directors, introduced in 2009, stipulates that a director shall serve for a maximum of two terms of four years each.

Accordng to senior officials in the Ministry, over 30 directors are on foreign postings, serving as ambassadors, high commissioners, heads of mission or other positions at Nigeria's missions abroad. They are yet to start any of the processes for their retirement.

"The bone of the contention is that these directors want the eight years tenure to be calculated from when a director actually assumes office and not from the notional date of promotion which is usually two to three years earlier," an official said.

"The affected directors argued that their eight years tenure should count from the actual date of promotion in 2008 and not the notional date of promotion which is 2006 as they were not paid any entitlement from 2006."

On January 9, 2014, a circular was issued by the head of the service saying "all directors in the ministry of Foreign Affairs who are in this category should proceed on retirement." On January 16, Ambassador Martin I. Uhomoibhi, the ministry's permanent secretary, also issued a memo asking the directors to retire in compliance with the civil service tenure system.

The directors, on their part, cite the judgment by the National Industrial Court made on the December 16, 2013. On that day, Justice Benedict Kanyip ruled that the tenure policy should affect a director from the actual date that he assumes office. The judgment was delivered in favour of Ambassador Dozie Nwanna, who sued National Intelligence Agency (NIA) challenging his retirement.

"I hereby find and hold that eight-year tenure policy applies to directors who have actually spent eight years on the post, not notionally as provided for in the public service rules," the Judge said. "This means that the tenure of the claimant as director with the 1st defendant ends on February 28, 2014."

Sources also indicate that the Ministry still pays the 45 directors.

The Foreign Affairs ministry declined comments.