Who Is A Public Officer Compared To A Public Servant?

By Jide Justin Akinrotimi, Esq.

It is no news that the appellations public officer and public servant are often confused and used interchangeably. The reason for this is perhaps traceable to a host of conflicting statutory and judicial authorities on the concepts.

This article seeks not to unsettle or critic the various conflicting authorities on the subject but rather place emphasis on the distinction to clarify same for public consumption.

The Black Law Dictionary Tenth Edition (West publishing company 2014)1425 defines public officer as one who takes upon himself the duties of a public office, he becomes not only responsible to the public for their faithful performance but may be liable to individuals for any injury resulting from his act or omission.

Blacks Dictionary in page 1427 also defines a public servant as someone who works for the government especially one elected to a government post or a service provided or facilitated by the government for the general public convenience and benefit.

WHO IS A PUBLIC OFFICER?

In ABDULRAUF ABDULKADIR MODIBBO V. MUSTAPHA USMAN & 2ORS (2020) 3 NWLR (PT 1712) 470 on status of a public officer in pages 536-537, paras E-A ABBA AJI J.S.C had this to say that “A public officer is a holder of a public office. He is in the public sector of the economy as distinct and separate from the private sector. He is entitled to some remuneration from the public revenue or treasury. He has some authority conferred on him by law. He also has a fixed tenure of office which must have some permanency or continuity. Above all, a public officer has the power to exercise some amount of sovereign authority or function of government. The sovereign authority must be great or enormous. It may be little or small. There should be that element of sovereign authority. So too the exercise of government function in lieu of sovereign authority. There should be that element of government function. All the above characteristics must be present to vest a person the status of a Public Officer.” Also see EZE V. OKECHUKWU (1998) 5 NWLR (PT. 548) 43. 

In REGISTERED TRUSTEES OF THE PLANNED PARENTHOOD FEDERATION OF NIGERIA V. DR JIMMY SHOGBOLA (2004) 11 NWLR (PT 883) PAGE 1, it was held that a public officer is one in the public services of the government of the Federation or state.

Section 18(1) of the Interpretation Act defines “a public officer” as a member of the public service of the Federation within the meaning of the Constitution of the Federal Republic of Nigeria 1999 CFRN, or of the public service of a state.

May I also refer to Section 19 of the Fifth Schedule and Part II of the code of conduct for public officers in the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the combined reading of same in respect to the categories of a Public Officer.

WHO IS A PUBLIC SERVANT?

Section 318(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) defines public service of the Federation in any capacity in respect of the Government of the Federation and includes service as-

(a) Clerk or other staff of the National Assembly or of each House of the National Assembly; 

(b) Member of staff of the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court, the High Court of the Federal Capital Territory, Abuja, the Sharia Court of Appeal of the Federal Capital Territory Abuja, the Customary Court of Appeal of the Federal Capital Territory Abuja or other courts established for the federation by this Constitution and by an Act of the National Assembly;

(c) Member or staff of any commission or authority established for the Federation by this Constitution or by an Act of the National Assembly 

(d) Staff of any area council 

(e) Staff of any statutory corporation established by an Act of the National Assembly 

(f) Staff of any educational institution established or financed principally by the Government of the Federation;

(g) Staff of any company or enterprise in which the Government of the Federation or its agency owns controlling shares or interest; and 

(h) Members or officers of the armed forces of the Federation or the Nigeria Police Force or other government security agencies established by law;

In like manner the Section 318(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) went further to define Public service of a state as service in any capacity in respect of the Government of the state and includes service as;

(a) Clerk or other staff of the House of Assembly 

(b) Member of staff of the High Court, the Sharia Court of Appeal, the Customary Court of Appeal or other courts established for a state by this Constitution or by a Law of a House of Assembly

(c) Member or staff of any commission or authority established for the state by this Constitution or by a law of a House of Assembly;

(d) Staff of any local government council

(e) Staff of any statutory corporation established by a law of a House of Assembly 

(f) Staff of any educational institution established or financed principally by a government of a State; and 

(g) Staff of any company or enterprise in which the government of a state or its agency holds controlling shares or interests;

His Lordship PER JEGA in ADAMU V. TAKORI & ORS (2009) LPELR- 3593 (CA) PAGES 15-16 PARAGRAPH D-A had this to say that “the determining factor in determining a public servant is the mode of his appointment and by virtue of section 318(1) of the 1999 Constitution public service of a state means the service of the state in any capacity in respect of the Government of the state and the Governor, Deputy Governor, the speaker and other political office holders are not in public service within the meaning of Section 318(1) of the 1999 Constitution.”

Furthermore, to sum up a clear distinction in the above Statutory and judicial authorities as outlined below;

1. A public officer is an officer elected or appointed into office while a public servant is employed by the government of the state.
2. A public officer can be elected or appointed for a fixed term subject to extension of office but a public servant is subject to the laws of the commission created for such and a public servant can only be removed by misconduct or retirement going by the maximum statutory age or years of service.
3. Public services are likely to be performed by the most skilled individuals who obtain their job on merit (assuming but not conceding), conversely public officer can obtain their position by political appointment or relationship or party affiliation.
4. Both public officer and public servant are in the service of the government but while the former usually is appointment, the latter is usually by direct employment.
5. Public officer and public servant aim at making the country better by way of promoting the image of the country within and outside its borders and at best improving the general living conditions of the population.

Thank you.

Jide J. Akinrotimi, Esq. , AGS NBA-YLF Ikeja Branch , 07069473616, 10/07/2020