CATEGORIES OF EMPLOYEES: THE PUBLIC SERVANTS

[Olajire Deborah]

Public Servants

By constitutional definition, public servants include any employee in the service of the Federal or State government in any capacity in the following categories:

* Courts,

* Legislatures,

* Commissions or authority established by the federation or a state,

* Commission or authority established by the constitution or any other law,

* Commission or authority established by the area councils,

* Corporations established by law,

* Educational institution established or financed principally by the federal or state government,

* Any company or enterprise in which the government of the Federation or State or their agencies own controlling shares or interest,

* Members of the armed forces, the police force or other government security agencies.

In contrast to the civil service, employment in public service may not be governed by the Civil Service Rules but by the Public Service Commission Regulations. For example, government-owned institutions have their own rules of service and employment which may be totally different from that of the civil service. Some employments under the public service are created by specific laws which must be followed to the letter in the appointment and termination of contracts. No employer is allowed to go beyond what the law creating the corporation or entity stipulates.

Salaries and remunerations in the public service are never the same, contrary to what obtains in the civil service. For instance, the salary of a lecturer in a government owned university may be different from that of a doctor in a government-owned hospital, even if they both have the same qualifications or are on the same level.

Each establishment has its own modes of remuneration which are stipulated in the laws creating the establishment.

Every appointment in the public service must be in accordance with the law. For instance, the 1999 Constitution prescribes in Section 14(3) that every appointment by the Federal or State government must be in accordance with the rules of the federal character.

This means it is unconstitutional to appoint or employ only people from a particular area or tribe into public service, to the detriment of the other tribes or sections of the country. And to ensure that this rule on federal character is complied with, the law provides that a Federal Character Commission shall be established whose primary duty and responsibility is to monitor employment or appointments in all public service.

The difference between a civil or public servant becomes important when issues like employment, discipline, promotion, retirement, dismissal and pension come into play. The distinction is also important in order to determine the security of service of the employee as well as the laid down procedures for their appointment and removal.

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