Public Service Rules

This Court, in SHITTA-BEY v. FEDERAL PUBLIC SERVICE COMMISSION (1981) 1 S.C (Reprint) 26, made it clear that the Civil Service Rules (or Public Service Rules) made by the Federal Civil Service Commission, pursuant to the powers vested by the Constitution, govern conditions of service of Federal Public Servants. The Public Service Rules are not only a by-law of the Constitution; they also have added constitutional flavour to the employment governed thereby. They take the relationship between the civil servant and the government beyond the ordinary or mere master and servant relationship.

It is crystal clear from the express provisions of Section 153(1)(a), 159(1), and 160, read together with Paragraph II of the Third Schedule of the 1999 Constitution, as amended, that the Public Service Rules are made pursuant to the powers conferred on the Federal Civil Service Commission by the Constitution. See FEDERAL CIVIL SERVICE COMMISSION v. J.O. LAOYE (1989) 4 SC (pt.11) 1; (1989) 2 NWLR (Pt.106) 652. They are accordingly a bye-law of the Constitution. They have been made with the main object and intention of protecting officers, particularly those holding pensionable employment, in the Public Service of the Federation. In interpreting these Public Service Rules, I will choose the approach advocated by Nnamani, JSC in F.C.S.C. v. LAOYE (supra) wherein His Lordship, adopting the opinion of Viscount Simon, L.C. in NOKES v. DONCASTER AMALGAMATED COLLIERIES LTD. (1040) AC 1014, had stated:
"We should avoid a construction which would reduce the Legislation to futility and rather accept the bolder construction based on the view that the Parliament would legislate only for the purpose of bringing about an effective result."

Section 2 of the Act defines Public Officer thus:-
"Public Officer means a person employed or engaged in any capacity in the public service of the Federation, State or Local Government, Public Corporation or Private Company..."