CIVIL SERVICE COMMISSION LAW
ARRANGEMENT OF SECTIONS
CIVIL SERVICE COMMISSION LAW
A Law to establish the State Civil Service Commission and for purposes connected therewith.
(1st October, 1979)
The State Civil Service Commission (hereafter in this Law referred to as “the Commission”) is hereby established.
(1) The Commission shall consist of—
(a) a Chairman; and
(b) not less than two and not more than four other persons.
(2) The Chairman and other members of the Commission shall be appointed by the Governor and the appointment shall be subject to confirmation by a resolution of the State House of Assembly.
(1) No person shall be appointed as a member of the Commission if—
(a) he is not qualified or if he is disqualified for election as a member of the State House of Assembly;
(b) within the preceding ten years he has been removed as a holder of any office on the ground of misconduct.
Qualification for membership of the Commission
(2) Any person employed in the public service of a State shall not be disqualified for appointment as Chairman or member of the Commission; Provided that where such a person, not being ex officio member of the State Council of Chiefs, has been duly appointed, he shall on his appointment be deemed to have resigned his former office as from the date of his appointment.
(3) No person shall be qualified for appointment to the Commission if, having previously been appointed as a member of the Commission, he has been reappointed for a further term as a member of the Commission.
(1) A member of the Commission shall remain a member thereof for a period of five years from the date of appointment.
(2) A member of the Commission shall cease to be a member thereof if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such a member.
A member of the Commission shall only be removed from office by the Governor acting on an address supported by a two-thirds majority of the State House of Assembly praying that he be so removed for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct.
(1) The Commission shall have power without prejudice to the powers vested in the State Judicial Service Commission and in the Governor—
(a) to appoint persons to offices in the State Civil Service; and
(b) to dismiss and exercise disciplinary control over persons holding such offices.
(1) The Chairman and members of the Commission shall be paid such salaries as may be prescribed by the State House of Assembly. The salaries payable to the Chairman and members of the Commission and their conditions of service other than allowances shall not be altered to their disadvantage after their appointment.
(1) The Secretary to the Commission shall be a person in the public service of the State and shall, subject to subsection (2) of section 6 be deployed to the Commission by the Governor.
(2) The Secretary shall be responsible for the day-to-day administration of the affairs of the Commission and shall carry out such duties as may be assigned to him by the Commission.
(3) The Secretary shall be assisted in his duty by such persons in the civil service as may be deployed to the Commission.
In exercising its power under section 6 of this Law, the Commission shall not be subject to the direction and control of any other authority or person.
The quorum for a meeting of the Commission shall—
(a) where the Commission consists of three members, be two; or
(b) where the Commission consists of four or five members, be three.
(1) A decision of the Commission shall be taken by a majority of the members present and voting at a meeting of the Commission and each member shall be entitled to one vote but the Chairman or other person presiding shall be entitled to a second or casting vote.
(2) Subject to its rules of procedure, the Commission may act or take any decision notwithstanding any vacancy in its membership or the absence of any member.
(1) The Commission may, with the approval of the Governor, by rules or otherwise regulate its own procedure or confer powers or impose duties on any officer or authority for the purpose of discharging its functions:
Provided that in exercising such powers the Commission shall not confer powers or impose duties on any officer or authority of the Federation except with the prior approval of the President.
[E.N.L.N. No. 5 of 1962.]
(2) Until the Commission makes its regulations in accordance with subsection (1) of this section, the Eastern Nigeria Public Service Regulations 1962 shall apply.
The Commission may, with the approval of the governor and subject to such conditions as it may deem fit, delegate any of its powers to any of its members or to any office in the State Civil Service.
In this Law, unless the context otherwise requires any reference to—
“function” includes power and duty;
“Office” means an office in the Public Service of the State;
“President” means the President of the Federal Republic of Nigeria;
“State” means the Cross River State;
“Constitution” means the Constitution of the Federal Republic of Nigeria 1999.
This Law may be cited as the Civil Service Commission Law.