Dr. Folasade Yemi-Esan, the Head of Service of the Federation has declared that the elongation of service and retirement age of workers in the National Assembly was fraught with illegality.
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This is contained in a paper presentation with reference no. HCSF/SPSO/ODD/E & NP/649807/I to the leadership of the NASS, the Senate President, Dr. Ahmad Lawan and Speaker, House of Reps., Femi Gbajabiamila which was sighted by TheNigerialawyer titled: “Presentation by the Head of Service of the Federation to the Leadership of the National Assembly on the Resolution of the 8th Assembly Regarding the Extension of Retirement Age of the Staff of the National Assembly Service Commission”.
According to her, the clerk and other staff of the National Assembly are deemed to be public servants by the dint of the 1999 Constitution and as such, the conditions of service are well regulated by the public service rules.
“The 1999 Constitution of the Federal Republic of Nigeria (as amended) classifies the clerk and other staff of the National Assembly as public servants whose conditions of service are guided are by the public service rules which derives its existence from Section 169 made pursuant to Section 160(1) of the Constitution.
“In specific terms, Section 318(1) of the Constitution states that ‘public service of the Federation means the service of any capacity in respect of the Government of the Federation and includes as (a) clerk or other staff of the National Assembly or of each house of the National Assembly.” She said.
Therefore, since they are public servants by virtue of the 1999 Constitution and the public service rules, they are subject to the same conditions like other public servants because the rules “prescribes attainment of 60 years of age or 35 years of service for an officer to retire, whichever comes earlier.”
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