LAGOS STATE CIVIL SERVICE COMMISSION LAW

 

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  
A- C G – K M – I R – T
D – F L – L P – P U – Z

LAGOS STATE CIVIL SERVICE COMMISSION LAW

ARRANGEMENT OF SECTIONS

1.       Establishment and composition of the Commission

2.       Appointment of Chairman and members

3.       Tenure of office of members

4.       Qualification for membership

5.       Cessation of Office

6.       Powers of the Commission

7.       Independence of the Commission

8.       Powers and Procedure

9.       Quorum and decisions

10.     Power to make Regulations

11.     Civil Service Rules

12.     Power of delegate

13.     Protection from proceedings

14.     Records of Commission privileged from production in Court

15.     Repeal of Cap. 11

16.     Interpretation

17.     Citation

REGLATIONS

LAGOS STATE CIVIL SERVICE COMMISSION LAW

A LAW TO PROVIDE FOR THE ESTABLISHMENT OF THE LAGOS STATE CIVIL SERVICE COMMISSION AND FOR CONNECTED PURPOSES

[Commencement]                                                 [16th of December 1979]

THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:

THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:

1.      Establishment and composition of the Commission

There is established a Commission the Lagos State Civil Service Commission (referred to in this Law as “the Commission”) which shall comprise a Chairman and  not less than two (2) and not more than four (4) other persons who shall, in the opinion of the Governor, be persons of unquestionable integrity and sound political judgment.

2.      Appointment of Chairman and members

The Chairman and members of the Commission shall be appointed by the Governor subject to confirmation by the House of Assembly.

3.      Tenure of office of members

The Chairman and other members of the Commission shall hold office for a term of five (5) years only.

4.      Qualification for membership

(1)     A person shall not be qualified for appointment as a member of the Commission if-

(a)     he is not qualified or if he is disqualified for election as a member of the House of Assembly;

(b)     within the preceding ten (10) years, he has been removed as a member of the Commission or as the holder of any other office on the ground of misconduct.

(2)     A person employed in the public service of the State shall not be disqualified for appointment as Chairman or member of the Commission:

Provided that where such a person, not being an 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 the appointment.

(3)     A person shall be qualified for appointment to the Commission if having previously been appointed as a member otherwise than as an ex-officio member of the Commission, he has been re-appointed for a further term as a member of the Commission.

5.      Cessation of Office

(1)     A member of the Commission shall cease to be a member 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.

(2)     Any member of the Commission shall only be removed from office by the Governor acting on an address supported by two-thirds (2/3) majority of the State House of Assembly praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

(3)     This section applies to the offices of the Chairman and members of the Commission.

6.      Powers of the Commission

(1)     The Commission shall have power without prejudice to the powers vested in the State Judicial Service Commission and in the Governor to-

(a)     appoint persons to offices in the State Civil Service; and

(b)     dismiss and exercise disciplinary control over persons holding such offices.

(2)     The Commission shall not exercise any of its powers under subsection (1) of this Section in respect of such offices of heads of divisions of ministries or of departments of the government of the State as may be designated by an order made by the Governor except after consultation with the Head of the Civil Service of the State.

(3)     The Commission, shall not exercise any of the powers stated in this provision over the Magistrates and Judicial Officers.

(4)     Provided that Commission will only exercise its power under Section 6(1) (a) and (b) of this Law after the House of Assembly has exercised its powers in accordance with Sections 93 and 310 of the 1999 Constitution of Federal Republic of Nigeria.

7.      Independence of the Commission

In exercising its power to make appointments or disciplinary control over persons, the Commission shall not be subject to the direction and control of any other authority or person.

8.      Powers and Procedure

(1)     Subject to subsection (2) of this Section, the Commission may with the approval of the Governor, by rules or otherwise regulate its own proceedings or confer powers or impose duties on any officer or authority for the purpose of discharging its functions.

(2)     In the exercise of any powers in subsection (1) of this Section the Commission shall not confer powers or impose duties on any officer or authority of the Federation except with the approval of the President.

9.      Quorum and Decisions

(1)     The quorum for a meeting of the Commission shall be three (3) members including the Chairman of the Commission.

(2)     A member of the Commission shall be entitled to one (1)vote and a decision of the meeting may be taken and any act or thing may be done in the name of the Commission by a majority of the members present at a meeting.

10.    Power to make Regulations

(1)     The Commission shall, with the approval of the Governor, make Regulations for the exercise of its powers to appoint persons to hold or act in offices in the Civil Service of the State and to dismiss and exercise disciplinary control over persons holding or acting in such offices.

(2)     Any regulations made under subsection (1) of this Section may be amended or revoked by regulations made by the Commission with the approval of the Governor.

(3)     All regulations made under this Section shall have the same force and effect as in this law and the expression “this law” shall wherever it occurs in this Law be construed as including a reference to the said regulations.

11.    Civil Service Rules

(1)     The Governor may after consultation with-

(a)     the Ministry of Establishment, Training and Pensions and Civil Service Matters with respect to Employment and Service matters make Rules (referred to as the “Lagos State Civil Service Rules”) for the good order, discipline and welfare of the Civil Service of the State; and

(b)      the Commission with respect to any matter relating to appointments to offices in the Civil Service of the State, promotion, transfer, dismissal and discipline of members of the Civil Service of the State.

(2)     Until such time as the Lagos State Civil Service Rules are introduced under subsection (1) of this Section, the Federal Government Civil Service Rules 1974 as may be modified or amended by the State, shall apply in the State.

12.    Power of Delegate

Subject to the provisions of this Law, the Commission may, with the approval of the Governor and subject to such conditions as it may deem fit, delegate any of the powers conferred upon it by this Law to any of its members or to any officer in the Civil Service of the State.

13.    Protection from Proceedings

The Chairman and every Commissioner shall have protection and privilege in case of any action or proceedings brought against him for any acts done or omitted or any word spoken by him, in the exercise of his functions under this Law or regulation.

14.    Records of Commission privileged from production in Court

Any report, statement or other communications or record of any meeting, inquiry or proceeding which the Commission may make in the-

(a)     exercise of its function under this Law or regulations;

(b)     discharge of any duty to the Governor or to any civil servant or authority or to any other person shall be privileged, in that its production may not be compelled in any legal proceedings if the Chairman certifies that such production is not in the public interest.

15.    Repeal of Cap. 11  

The Public Service Commission (Proceedings, Protection and Privileges) Law is repealed.

16.    Interpretation

In this Law, unless the context otherwise requires —

“Commissioner” means a member of the Commission

“ex-officio member” shall be construed as a person who is a member by virtue of his holding or performing the functions of an office in the Civil Service of the State;

“office” means an office in the Civil Service of the State;

“member” of the Commission shall include the Chairman of the Commission.

17.    Citation

This Law may be cited as the Lagos State Civil Service Commission Law 1979.

CHAPTER 76

LAGOS STATE CIVIL SERVICE COMMISSION LAW

SUBSIDIARY LEGISLATION

THE LAGOS STATE CIVIL SERVICE COMMISSION REGULATIONS

Under Section 10

ARRANGEMENT OF REGULATIONS

PART 1 – PRELIMINARY

1.       Citation

2.       Application of the Regulation

3.       Interpretation

PART 2 – DUTIES OF PUBLIC OFFICERS IN THE STATE CIVIL SERVICE

4.       Public Officers to attend before Commission

5.       Presiding at meetings

6.       Record of meetings

7.       Decision without meeting

PART 3 – DUTIES OF PUBLIC OFFICERS IN THE STATE CIVIL SERVICE

8.       Public Officers to attend before Commission

9.       Material to be made available to the Commission

10.     Failure to comply with request by Commission, a breach of discipline

PART 4 – APPOINTMENTS

11.     Supervision of Scheme of Recruitment

12.     Recruitment by competitive examination

13.     Advertisement of vacancies and precedence to claims of serving officers

14.     Constitution of staff boards and interviewing of candidates by Commission

15.     Departmental staff and Promotion Boards

16.     Methods and procedures for filling category 1 or 2 vacancy

17.     Appointing authorities to ensure that candidates for categories 3 and 4 vacancies are eligible.

18.     Procedure for filling a vacancy in Category 3

19.     Procedure for filling a vacancy in Category 4

20.     Criteria for promotion and acting appointment with a view to promotion

21.     Application by officers for promotion

22.     Recommendation and selection for promotion

23.     Promotion in centrally deployed cadres recommended by Head of the Department

24.     Apointments on transfer or secondment

25.     Application for transfer or secondments within the public service of the State to posts in categories 1 and 2

26.     Transfer and secondment within the public service of the State to posts in category 3

27.     Release on transfer or secondment outside the public service of the State

28.     Applications for transfer or secondment within the public service of the State to posts in categories 1 and 2

29.     When an acting appointment or a temporary appointment may be recommended

30.     Acting appointment: Procedure

31.     Selection for training leading to promotion

32.     Notification by contract officer of wishes regarding re-engagement

33.     Recommendations regarding re-engagement of contract officers in categories 1 and 2

PART 5 – COMPULSORY RETIREMENT TERMINATION OF APPOINTMENT, CONCLUSION OF PROBATIONARY SERVICE AND ACTING APPOINTMENTS WITH A VIEW TO PROMOTION

34.     Procedure for recommending retirement of confirmed pensionable officer after fifteen (15) years of service

35.     Procedure for termination of appointment or abolition of one of a member of offices

36.     Premature termination of contract officer’s appointment and termination of temporary appointment

37.     Commission may initiate retirement or premature termination of appointment or termination of temporary appointment

 38.    Procedure for concluding probationary service and acting appointment with a view to promotion

PART 6 – DISCIPLINARY PROCEDURE

39.     Commission may initiate proceedings

40.     Misconduct to be dealt with as soon as possible after occurrence and procedure in cases not provided for regulations

41.     No disciplinary action against female officers on maternity leave

42.     Power of the Commission to hold disciplinary proceedings concurrently with criminal Proceedings in Court on same matter

43.     Power of Commission to punish following as original

44.     Interdiction when permissible

45.     Interdiction procedure

46.     Duties of interdicted officers

47.     Salary during interdiction

48.     Officer not to resign during disciplinary proceedings

49.     No payment of salary on conviction

50.     Disciplinary action after interdiction

51.     Absence without leave or reasonable cause

52.     Officers who hold powers of inquiry

53.     Punishments

54.     Procedure for dismissal of officers in categories 1 and 2 and confirmed officers in category 3

55.     Documentary evidence and supplying of copies of evidence

56.     Procedure for lesser punishment other than dismissal of officers in categories 1 and 2 and confirmed pensionable officers in category 3

57.     Procedure for dismissal or lesser punishment of non-pensionable officers in category 3 and officers in category 4

58.     Procedure for removal for inefficiency: Categories 1, 2 and 3

59.     With-holding or deferment of increment

60.     Appeals to the Commission in disciplinary cases

PART 7 – PETITIONS

61.     When petitions may be addressed to the Commission

62.     Routing of and comments on petitions to the Commission

63.     Submission of original and copies

64.     Form of petition

65.     Action where petitions do not comply with regulations

PART 8 – PERFORMANCE EVALUATION REPORTS TESTIMONIALS AND CERTIFICATE OF SERVICE

66.     Commission may require reports to be rendered

67.     Progress Reports

68.     Annual Performance Evaluation Reports

69.     Special and supplementary report

70.     Who shall write reports to the Commission?

71.     Substantive officers to write reports and effect of postings

72.     Reports on officers on training courses

73.     Reports on seconded officers

74.     Reports to be dated and signed

75.     Custody and transmission of reports and retention of copies

76.     Communication of reports to officers

77.     Official Testimonials

78.     Certificate of Service

PART 9 – MISCELLANEOUS

79.     Saving

80.     Matters initiated and instructions issued before the commencement of these regulations

81.     Revocation.

CHAPTER L15, LAWS OF LAGOS STATE, 2015

THE LAGOS STATE CTVIL SERVICE COMMISSION LAW [under section 10]

LAGOS STATE CIVIL SERVICE COMMISSIONI REGULATIONS

ARRANGEMENT OF REGULATIONS

1.       Citation.

2.       Application of the Regulations.

3.       Interpretation.

PART 2 – Secretary and Proceeding of the Commission

4.       Secretary and signification of actions, documents etc. of the Commission.

5.       Presiding at meetings.

6.       Record of meetings.

7.       Decision without meeting.

PART 3 – Duties of Public Officers in the State Civil Service

8.       Public Officers to attend before Commission.

9.       Material to be made available to the Commission.

10.     Failure to comply with request by Commission, a breach of discipline.

PART – Appointments

11.     Supervision of Scheme of Recruitment.

12.     Recruitment by competitive examination.

13.     Advertisement of vacancies and precedence to claims of serving officers.

14.     Constitution of staff boards and interviewing of candidates by Commission’

15.     Departmental staff and Promotion Boards.

16.     Methods of and procedure for filling category 1 or 2 vacancy.

17.     Appointing authorities to ensure that candidates for categories 3 and 4 vacancies are eligible.

18.     Procedure for filling a vacancy in Category 3.

19.     Procedure for filling a vacancy in Category 4.

20.     Criteria for promotion and acting appointment with a view to promotion.

21.     Application by officers for promotion.

22.     Recommendations and Selection for Promotion.

23.     Promotion in centrally deployed cadres recommended by Head of the Department.

24.     Appointments on transfer or secondment.

25.     Application for transfer or secondments within the public service of the State to posts in categories I and 2.

26.     Transfer and secondment within the public service of the State to posts in category 3.

27.     Release on transfer or secondment outside the public service of the State.

28.     Applications for transfer or secondment to the Civil Service of the State.

29.     When an acting appointment or a temporary appointment may be recommended.

30.     Acting appointment: Procedure.

31.     Selection for training leading to promotion.

32.     Notification by contract officer of wishes regarding re-engagement.

33.     Recommendations regarding re-engagement of contract officers in categories I and 2.

PART 5. Compulsory Retirement Termination of Appointment,

Conclusion of Probationary Service and Acting Appointments with a view to Promotion

34.     Procedure for recommending retirement of confirmed pensionable officer after fifteen (15) years of service.

35.     Procedure for termination of appointment or abolition of one of a number of offices.

36.     Premature termination of contract officer’s appointment and termination of temporary appointment.

37.     Commission may initiate retirement or premature termination of appointment or termination of temporary appointment.

38.     Procedure for concluding probationary service and acting appointment with a view to promotion.

PART 6 – Disciplinary Procedure

39.     Commission may initiate proceedings.

40.     Misconduct to be dealt with as soon as possible after occurrence and procedure in cases not provided for regulations.

41.     No Disciplinary action against female officer on maternity leave.

42.     Power of the Commission to hold disciplinary proceedings concurrently with criminal Proceedings in court on same matter.

43.     Power of Commission to punish following an acquittal.

44.     Interdiction when permissible.

45.     Interdiction procedure

46.     Duties of interdicted officer.

47.     Salary during interdiction.

48.     Officer not to resign during disciplinary proceedings.

49.     No payment of salary on conviction.

50.     Disciplinary action after conviction.

51.     Absence without leave or reasonable cause.

52.     Officers who hold powers of inquiry.

53.     Punishments.

54.     Procedure for dismissal of officers in categories I and 2 and confirmed officers in category 3.

55.     Documentary evidence and supplying of copies of evidence.

56.     Procedure for lesser punishment other than dismissal of officers in categories 1 and 2 and confirmed pensionable officers in category 3.

57.     Procedure for dismissal or lesser punishment of non-pensionable officers in category 3 and officers in category 4.

58.     Procedure for removal for inefficiency: Categories 1, 2 and 3.

59.     With-holding or deferment of increment.

60.     Appeals to the Commission in disciplinary cases.

PART 7 – Petitions

61.     When petitions may be addressed to the Commission.

62.     Routing of and comments on petitions to the Commission.

63.     Submission of original and copies.

64.     Form of petition.

65.     Action where petitions do not comply with regulations.

PART 8 – Performance Evaluation Reports Testimonials and Certificate of Service

66.     Commission may require reports to be rendered.

67.     Progress Reports.

68.     Annual Performance Evaluation Reports.

69.     Special and supplementary report.

70.     Who shall write reports to the Commission?

71.     Substantive officers to write reports and effect of postings.

72.     Reports on officers on training courses.

73.     Reports on seconded officers.

74.     Reports to be dated and signed.

75.     Custody and transmission of reports and retention of copies.

76.     Communication of report to officers.

77.     Official Testimonials.

78.     Certificate of Service.

PART 9 – Miscellaneous

79.     Saving.

80.     Matters initiated and instructions issued before the commencement of these regulations.

81.     Revocation.

THE LAGOS STATE CTVIL SERVICE COMMISSION LAW [under section 10]

THE LAGOS STATE CTYIL SERVICE COMMISSION REGULATIONS

 [Commencement]                                                                    [1st June, 1981]

PART 1  – Preliminary

1.      Citation

These regulations may be cited as the Lagos State Civil Service Commission Regulations.

2.      Application of the Regulation

(1)     subject to regulation 2(2) of this regulation, these regulations shall apply in  relation to offices in the civil service of the state only to the extent that section 5(1) of  the Law, applies in relation to those offices.

(2)     These regulations shall not apply with respect to the appointment or dismissal  of, or the exercise of disciplinary control over, any public Officer over whom the Commission has no control.

3.      Interpretation

In these regulations, unless the context otherwise requires—

the Administrative Cadre” means the officers holding, in the State the posts of Administrative Officers Grades I-VIII, including Secretary for Administration and finance,  Principal Secretary, Deputy secretary, Under Secretary, principal Assistant Secretary, Senior Assistant Secretary, Assistant Secretary Grades I and II, Secretary to the Electoral commission, Economic Planning officers, Secretary to the Local Government Service commission, secretary to the School Management Board, Secretary to the Health Management Board and such other posts as may be declared by the Ministry of Employment and civil service Matters or any other appropriate authority to be a post in the Administrative Cadres;

the State” means the Lagos State of Nigeria.

ANNUAL PERFORMANCE EVALUATION REPORT

appointing authority” means the authority in whom power to appoint persons to hold or act in offices in the Civil Service  of the  State (including power to make appointments on promotion and transfer and to confirm appointments) is for the time being vested by the provisions of section 6(1) of the Lagos State Civil Service Commission Law, 1979 or by delegation of the said power in accordance with the provisions of section 12 of the said Law;

basic salary” means salary together with, in the case of contract officer, contract addition but excluding any other addition to salary;

the cadre of Professional officers of Accounts” means the holders of the offices of Accountant-General, Deputy Accountant-General, Assistant Accountant–General’ Chief Accountants, Principal Accountants, Senior I Accountants and Accountants Grades I and II;

Category 1 0ffices” means public offices in the state civil Service or, if the context so requires, the holders of public offices in the State Civil Service—

(a)     graded in salary Grade Levels 13 and above; or

(b)     to which are attached salaries not in a particular grade level or step but of a basic annual salary not below the initial basic salary in step 1 of level  13;

Category 2 offices” means public offices in the State Civil Service or, if the context so requires the holders of public offices in the said service-

(a)     graded in salary Grade Levels 08-12; or

(b)     to which are attached salaries not in a particular grade Level or step but of a  basic annual salary not below the initial basic salary in step1 of level 0 and not above the last step in level 12;

category 3 offices” means public offices in the state civil Service or if the so requires, the holders of public offices in the said service—

(a)     graded in salary grade level 03-07; or

(b)     to which are attached salaries not in a particular grade level or step but of a basic annual salary not below the initial basic salary in step I of level 03 and not above the last step in level 07;

“Category 4 offices” means public offices in the State Civil Service or, if the context so requires, the holders of public offices in the said service-

(a)     graded in salary grade levels 01-02; or

(b)     to which are attached salaries not in a particular grade level or step but of a basic annual salary not below the initial basic salary in step 1 of level 01 and not above the last step in level 02;

centrally-deployed cadre” means the secretarial cadre, the cadre of Accounts Officers on Salary Grade Level 06 and above and includes the cadre of Statisticians or any other cadre that may be approved by the Ministry having responsibility for Establishment Matters.

Civil Service of the State” means service of the Government of the Lagos State in a Civil Capacity as staff of the office of the Governor the Deputy Governor or a Ministry or Department of the Government of the State assigned with the responsibility for any business of the Government of the State but does not include the service of the State as—

(a)     the clerk or other staff of the State House of Assembly;

(b)     member or staff of any Court established by the Constitution or by any Law in the State;

(c)     member or staff of any Commission or Authority established for the State by the Constitution, or by any Law in the State;

(d)     staff of any Local Government Council, Statutory Corporation or Board established by any Law in the State;

(e)     staff of any Educational Institution established or financed by the State Government; and

(f)      staff of any company, or enterprise in which the State Government or its agency holds controlling shares or interests;

Chairman” means the chairman of the Commission;

Civil Service Rules” means the Lagos State of Nigeria Civil Service Rules;

“Civil Servant” means any person or any officer holding or acting in any office in the State Civil Service and over whom the Commission can exercise its power by virtue of section 6 ( 1) of the Law;

“Commission” means the Civil Service Commission for Lagos State established under section I of the Law;

the Constitution” means the Constitution of the Federal Republic of Nigeria, t999;

*contract and contract officer” means respectively an agreement for appointment and a civil servant appointed by such an agreement which does not provide for the payment of a pension, to an established office for a specified number of months or years or (in the case of an overseas officer), for one or more tours, and includes a pensioner reengaged on such terms;

criminal offence” in so far as it relates to a civil servant for purposes of these regulations means a felony or a misdemeanour, but does not include a simple offence;

Department”’ means the unit of the public service of the State under the supervision of a Head of Department, whether the unit is known as a Ministry, a Department or an office or by any other name, and for the purpose of these regulations includes a centrally-deployed cadre where the context so requires;

disciplinary authority” means the authority in whom power to dismiss and exercise disciplinary control over a civil servant is for the time being vested by the provisions of section 6(1) of the Law or by any delegation of the said power in accordance with the provisions of section 12 of the said Law;

disciplinary proceedings” means the procedure initiated by or at the instance or with the approval of the Commission against a civil servant in accordance with any disciplinary provisions in order to establish whether-

(a)     his conduct in the matter has been, in any respect, blameworthy; or

(b)     It is in the interest of the Ministry or Department where he is employed, and generally in the interest of the public service as a whole that he be punished;

Division” means a division of a Department;

enactment” includes any Law, Act, Edict or Decree and also any Regulations, Rules, Orders, or any other form of subsidiary legislation whatsoever made or having effect as if made under any such Law, Act, Edict or Decree;

established office” means any public office in the State Civil Service for which provision is made, with reference to its title in a personal emoluments subhead of the Estimate of the State;

the General Executive Cadre” means the officers holding the post of Principal Executive Officer Grades I and II, Senior Executive Officer, Higher Executive Officer, Executive Officer and Assistant Executive Officer or any other designations adopted for the Cadre whether serving in the General Duties Branch or Accounts Branch or Transportation Branch of the cadre or any other Branch which may be formed within the Cadre;

general inefficiency” means a series of acts or omissions or incompetence of which the cumulative effect shows that the officer is not capable of discharging efficiently the duties of the office which he holds;

Head of Department” means—

(a)     in relation to any public office in the State Civil Service or civil servant in the Administrative cadre, the Head of the State Civil Service;

(b)     in relation to any public office in the State Civil Service or civil servant in the cadre of Accounts Officers on salary Grade Level 06 and above, the Permanent Secretary to the Ministry of Finance; and Economic Development;

(c)     in relation to any public office in the State Civil Service in the general executive cadre, general duties branch the secretarial cadre or the cadre of Personal Secretaries, the Permanent Secretary in the Employment and Civil Service Matters Department;

(d)     in relation to any other public office in the State Civil Service or civil servant, the Permanent Secretary or other civil servant, who exercises supervision over the Department in which such public office in the State Civil Service is included or such civil servant is as first mentioned is employed;

inquiry” means a disciplinary inquiry conducted under regulation 55;

“member” means a member of the Commission, and where the context so admits includes the Chairman;

month-to-month appointment” means an appointment in category I or 3 on nonpensionable terms for a period not exceeding one month at a time but with formal renewal from month to month, or as may be appropriate in the case of an appointment for a shorter period than one month, until terminated;

Nigerian” means a person who is a citizen of Nigeria by birth, registration or naturalisation under the provisions of Chapter III of the Constitution or under the provision 6f any- other Constitution as saved in section of the Constitution;

non-pensionable office”’ includes a person appointed on contract or on a temporary appointment to a pensionable office;

official document” means any file record or other document prepared by, or which comes into the custody of, any civil servant in the course of his duties as such officer;

other Civil Service” has the same meaning as in the Pension Law, as applied to officers in the Civil Service of the State, or as in any Law of the State amending or replacing the said Law;

Overseas Officer” has the same meaning as in the Civil Service Rule;

pensionable establishment” means those public offices in the permanent establishment of the State Civil Service which have been declared to be pensionable offices;

pensionable office” has the same meaning as in the Pension Law as applied to officers in the public services of the State amending or replacing the said Law;

permanent establishment” means those public offices in the State Civil Service for which provision is made with reference to their title in a personal emoluments sub-head of the Estimates of the State, but excluding any such office shown as being temporary in the said Estimate;

public office” means any office of emolument in the Civil Service of the State and includes any office of emolument in the State Civil Service

public officer” means any person holding or acting in any civil office of the state, and includes any civil servant in the State Civil Service;

public officers holding powers of inquiry” includes any civil servant upon whom powers are conferred by regulation 52 to hold inquiry under these Regulations;

the public service of the State” means the service of the State in any capacity in respect of the government of the State and includes service as-

(a)     clerk or other staff of the State House of Assembly;

(b)     member or staff of Courts established for a State by the Constitution or by the House of Assembly;

(c)     member or staff of any commission or authority established for the State by the Constitution or by the Law in the State;

(d)     staff of any Local Government Council or statutory corporation established by any Law in the State;

(e)     staff of any educational institution established or financed principally by the government of the State;

(f)      staff of any company or enterprise in which the government of the state or its agency holds controlling share or interest; and

(g)     staff of the Civil Service of the State;

Report” means Performance Evaluation Report or Performance Evaluation Progress Report;

reporting officer” includes every public officer writing a performance evaluation progress report on a public officer;

the secretarial cadre” means the officers holding the posts of Senior Personal Secretary, Personal Secretary Grades I and II, Confidential Secretary Grades I, II, III and IV, Editor, Deputy Editor, Principal Official Reporter Grades I and II, Senior Official Reporter, Official Reporter;

The Secretary” means the Secretary to the Commission;

The State” means the Lagos State of Nigeria established under the Constitution;

temporary appointment” means an appointment in category 1, 2 or 3 on nonpensionable month-to-month terms and which may be extended, terminated or modified by the appointing authority;

tour” has the same meaning as in the Civil Service Rules.

PART 2 – Secretary and Proceedings of the Commission

4.      Secretary and Signification of acts, documents, etc., of the Commission

(1)     There shall be a Secretary to the Commission who in addition to his functions as prescribed in these regulations, shall have such other functions of an administrative nature as may from time to time be assigned to him by the Commission or the Chairman.

(2)     Where under the Lagos State Civil Service Commission Law or these regulations any function or power is conferred upon the Commission, any exercise of such function or power by the Commission may be signified under the hand of the Secretary.

5.      Presiding at meetings

Every meeting of the Commission shall be presided over by the Chairman. Where the Chairman is absent, one of the members shall preside at the meeting.

6.      Record of meeting

A record shall be kept of the members present and of, the business transacted at every meeting of the Commission.

7.      Decision without meeting

(1)     Subject to paragraphs (2) and (3) of this regulation a decision may, without a meeting having been held, be made by the Commission by circulation of the relevant papers among the members present in Nigeria at the time and the expression of their views in writing an-d in such case the decision shall be the point of view supported by a majority of all the members in writing.

(2)     The decision obtained as a result of subsection (1) above shall be circulated to all members before it can be implemented.

(3)     If any member requires that a decision on a matter being dealt with by circulation of the relevant papers shall be deferred until the matter shall be considered at a meeting of the Commission, no decision shall be taken on that matter except at a meeting of the Commission.

(4)     Where a member dissents from a view recorded by a majority of the members on papers circulated for a decision, the decision shall not be implemented until the member has recorded the reasons for his dissent or until that member confirmed the decision at a meeting.

PART 3Duties of Public Officers in the State Civil Service

8.      Public Officers to attend before Commission

The Commission may require any public officer in the State Civil Service to attend and give evidence before it concerning any matter in respect of which powers are vested in it, and to produce any official document relating to any such matter;

Provided that any official document which is the property of the Executive Council of the State or of any Committee of that Council shall be so produced only with the permission of the Secretary to the State Government.

9.      Material to be made available to the Commission

Any civil servant in the State Civil Service who submits any matter for the consideration of the Commission shall ensure that all relevant documents are made available to the Commission.

10.    Failure to comply with request by Commission, a breach of discipline

Any civil servant in the State Civil Service who, without reasonable excuse, fails to appear before the Commission when requested to do so, or who fails to comply with any request lawfully and properly made by the Commission, shall be guilty of a breach of discipline for which disciplinary proceedings may be instituted against him.

PART4 – Appointments

11.    Supervision of Scheme of recruitment

The Commission shall exercise supervision over and approve all schemes for admission to any Civil Service office in the State by examination, and over all other methods of appointment including the appointment and procedure of any Boards that may be constituted under these regulations for the selection of candidates.

12.    Recruitment by competitive examination

Where a vacancy is to be filled according to the results of any examination in conformity with any scheme of recruitment approved by both the Commission and the Ministry of Employment and Civil Service Matter, the procedure for notifying the Commission of and for filling the vacancy shall be as set out in that scheme and not as set out in regulation 16, 18 or 19 below except to such extent as the scheme otherwise provides.

13.    Advertisement of vacancies to claims of serving officers

(1)     Where an appointing authority does not intend to fill a vacancy by the consideration only of persons already in the Civil Service of the State or by the result of an examination prescribed under a scheme of recruitment approved by the Civil Service Commission and Ministry of Employment and Civil Service Matters, the public shall, unless it is otherwise prescribed in these regulations or the Commission otherwise directs, be informed by advertisement of the existence of such vacancy in time to enable candidates to make their applications in accordance with that advertisement.

(2)     Every appointing authority shall accord precedence to the claims of meritorious public officers to fill vacancies over any comparable claims of persons not already in the public service of the State unless the Commission otherwise directs in any particular case.

14.    Constitution of Staff boards and interviewing of candidates by Commission

The Commission may constitute staff boards to interview candidates either generally or in relation to a particular vacancy and, notwithstanding the procedure set out in any regulation, may in its discretion summon any of the candidates for any vacancy for interview by the Commission.

15.    Departmental staff and Promotion Boards

A Head of Department shall constitute, either generally or in relation to a particular vacancy, a departmental staff board or departmental staff boards to advise him before he makes to the Commission, a recommendation under regulation 16 that any civil servant be promoted within or transferred or seconded within or to- his Department and shall constitute, either generally or in relation to a particular vacancy, a departmental staff board or departmental staff boards to advise him before he makes an appointment to a public office in the State Civil Service in category 3 or 4. When a departmental staff board considers a promotion it may be referred to a departmental promotion board.

16.    Methods the procedure for filling category for 2 vacancy

Subject to the provisions of regulation 12, the following provisions shall apply to the filling of vacancy in a public office in the State Civil Service in category | or 2-

(a)     as soon as it is known that a vacancy will occur or has occurred in a public office of the State Civil Service the Head of Department shall communicate to the Commission, and the Ministry of Employment and Civil Service Matters or departmental staff or promotion Board in writing, his proposals regarding the filling of the vacancy. Such proposals shall include his view as to the method to be employed in filling the vacancy (which shall take into account the provisions of any relevant approved scheme of service) and whether or not the vacancy should be advertised and, if so, the means of advertisement which he recommends if other than publication in the Gazette of the various Governments of the Federation of Nigeria. Where necessary, he shall submit with his proposals an advertisement or a request for recruitment overseas as the circumstances may require and subject to sub-paragraph (ii) of paragraph (e) of this regulation where he proposes the recruitment of a non-Nigerian regard being had in either case to the terms of the appropriate scheme of service, or where in relation to a particular vacancy, there is no such scheme or a departure from the requirement of one is proposed, to the terms in which such approval as he shall have sought from the Ministry of Employment and Civil Service Matters in respect of the qualifications, salary, and other requirements for the filling of such vacancy, has been given:

Provided that proposal for the filling of vacancies in posts on Grade Levels 13-16 shall be routed through the Head of the State Civil Service to the Commission.

(b)     Where he proposes that the vacancy should be filled by promotion within his department or by transfer or secondment within or to his Department, the Head of Department’s recommendation, to that effect in accordance with these regulations in respect of a named person, may be included in his proposals or made separately he shall send to the Ministry of  Employment and Civil Service Matters, a copy of any such proposals together with any advertisement or request for recruitment overseas which he is required by sub–paragraph (ii) of paragraph (e) of this regulation to submit through the Ministry or Department, unless the proposals contain a recommendation that a named person should be promoted, transferred or seconded to fill the vacancy in which case he shall inform the civil servant . only of the general nature of his proposals but not also of such recommendation as aforesaid. The Permanent Secretary in the Employment and Civil Service Matters Department shall tender to the Commission on the filling of the vacancy advice which shall include his opinion as to the probable availability of eligible candidates where he does not propose, or concur in a proposal that the vacancy should be filled by promotion or transfer:

Provided’ that nothing in this paragraph shall prevent the Permanent Secretary in the Employment and Civil Service Matters Department or a civil servant directed by him to represent him, who shall all meet on the Commission’s premises for the purpose of preparing the shortlist with the assistance of a member of the Commission’s staff; the expression “persons applying for the vacancy” as used above includes not only a person applying in answer to an advertisement but also, at the discretion of the Commission, a person applying for appointment to the type of vacancy concerned before the publication of an advertisement relating to it and a person applying generally for appointment who is eligible for the vacancy and in respect of whom the Employment and Civil Service Matters Department has advised the Commission that person should be considered for the type of vacancy concerned, to the shortlist prepared as aforesaid, the Head of Department or his representative shall add either the name of any person in respect of whom the Head of Department has made or intends to make a recommendation for promotion, transfer or Secondments, or a notification of intention to make such a recommendation, and any such recommendation shall be made separately and in accordance with these regulations. Where the Head of Department does not wish to make any such addition to the shortlist, he or his representative shall record that fact upon the list:

Provided that this paragraph shall not apply to the preparation by a selection board outside Nigeria of any list of candidates for interview;

(c)     the Commission shall arrange for the publication of any advertisement submitted in accordance with paragraph (a), (b) or (j) of this regulation with such amendment as it thinks fit after such consultation with the Ministry of Employment and Civil Service Matters or department having responsibility for establishment matters or the Head of Department as may be appropriate;

(d)     the Commission may, if it thinks fit, notify a vacancy to any other Civil Service Commission or any State Civil Service Commission in Nigeria, whether the vacancy is advertised or not;

(e) (i) if no public officer is eligible for a vacancy and if, whether as a result of action in accordance with the preceding paragraph of this regulation or otherwise the Permanent Secretary, Employment and Civil Service Matters Department is satisfied that no eligible Nigerian is available to fill a vacancy he shall so inform the Commission and the Head of Department concerned;

(ii)     the Head of Department may,  upon-being so informed by the Permanent Secretary Employment and Civil Service Matters Department submit to the Commission either an advertisement for publication in Nigeria indicating that non-Nigerians may be considered or, if he considers that eligible candidates are unlikely to be obtained by so advertising in Nigeria, a request for the recruitment of a non-Nigerian overseas in such form as the Commission may prescribe either generally or in relation to a  particular vacancy, and may tender advice as to the sources from which eligible candidates may be obtained;

(iii)    when forwarding such advertisement or request for recruitment overseas to the Commission the Permanent Secretary Employment and Civil Service Matters Department shall furnish to the Commission a certificate signed by him to the effect that there is no eligible Nigerian available for the vacancy which certificate shall, if the vacancy is in a public office in the State Civil Service reserved for Nigerians by the Government of the State cite the consent of the Head of the State Civil Service permitting the appointment of a non- Nigerian.

If a vacancy has not been advertised but the Commission informs the Permanent Secretary Employment and Civil Service Matters Department that the appointment of a non-Nigerian is being considered, the Permanent Secretary Employment and Civil Service Matters Department shall either furnish a certificate as aforesaid or inform the Commission that he is unwilling to do so and shall give his reasons therefore. No such certificate shall be valid until it shall have been countersigned by the Chairman:

Provided that in either case involving the procedure for appointing non-Nigerians to reserved vacancies, the Commission shall be free to deal directly with and obtain the consent of the Head of the State Civil Service. It shall, however, inform the Employment and Civil Service Matters Department of its actions in this regard;

(f) (i)           a copy of any recommendations, and of any request made in pursuance of sub-paragraph (ii) of paragraph (e) of this regulation, and of any short list prepared in accordance with paragraph (b) of this regulation, relating to a vacancy in a public office in the State Civil Service of Head of Department, Head of Division, or officer co-ordinating a group of Divisions which is not included in the Administrative Cadre shall be sent to the Secretary to the State Government by the Head of Department making such recommendation at the time he makes it or in the case of a short list by the Secretary at the time it is submitted to the Commission;

(ii)     the Commission shall notify the Secretary to the State Government of any proposal to fill any such vacancy which is not included in a recommendation or in such request or in such short list.

17.    Appointing authorities to ensure that candidates for categories 3 and 4 vacancies are eligible

A Head of Department shall ensure that any person whom, on the advice of a staff board, he directly appoints to a public office in the State Civil Service in category 3 is eligible for such appointment and a Head of Department or other appointing authority shall ensure that any person whom he or it appoints to a public office in the State Civil Service in category 4 is eligible for such appointment.

18.    Procedure for filling a vacancy in category 3

(1)     Subject to the provisions of regulation 12, where a Head of Department decides, after taking into account the provisions of any relevant approved scheme of service, that a vacancy in a public office in the State Civil Service in category 3 shall be filled otherwise than by the consideration only of persons already in the public service of the State, he shall endeavour to obtain candidates for consideration through either a Government  Employment Exchange or by advertisement. The selection shall be competitive, but if he considers that suitable candidates for the vacancy cannot be so obtained from these sources, the provisions of regulation 13 shall apply.

(2)     The procedure for filling a vacancy in category 3, by promotion or transfer, shall be at the discretion of the Head of Department, although any such procedure shall comply with the ones prescribed for the other categories specified in these regulations:

Provided that he shall ensure that no civil servant in his Department is superseded in respect of such promotion or transfer without what appears to the Head of Department to be sufficient reasons.

19.    Procedure for filing a vacancy in category 4

A vacancy in a public office in the State Civil Service in category 4 need not be advertised, but where an appointing authority decides that such a vacancy shall be filled otherwise than by the consideration only of persons already in the public service of the State, he shall where ever possible, obtain candidates for consideration through either a Government Employment Exchange or by advertisement. The selection shall be competitive, but if he considers that suitable candidates for the vacancy cannot be obtained from these sources; the provisions of regulation 13 shall apply.

20.    Criteria for promotion and acting appointment with a view to promotion

(1)     The claims of a civil servant to promotion shall be considered only on the basis of his qualification for the public office in the State Civil Service to which this promotion is being considered his experience, and his merit as shown by the manner in which he has performed and is performing his duties, and the standard which he is considered by the appointing authority to be likely to attain in the performance of such duties as may be allotted to him in the future.

(2)     In considering proposals for promotion and subject to the provisions of Civil Service Rules Nos. 02702 and 02703 the greatest weight shall be accorded merit among the attributes of candidates on the same grade.

(3)     Where it is considered necessary that a civil servant should be tried in a higher post in the first instance for some period with a view specifically to his eventual promotion thereto if he proves suitable, the Commission on the recommendation of the Head of Department or of its own shall appoint him to act in such higher post. Recommendations for or decisions to make such acting appointments shall, in addition to complying with the procedure prescribed in regulation 30 for acting appointments, be as carefully considered and made as if they were for a promotion and such appointments shall not normally last longer than six months, but in exceptional circumstances that period may be extended with the approval of the Commission.

21.    Application by officers for promotion

A civil servant shall not apply for promotion unless-

(a)     he has acquired, since his appointment (including appointment on promotion or transfer to the public office which he currently’ holds) qualification which render him eligible for promotion: or

(b)     the advertisement of a vacant public office in the State Civil Service invites applications from public officers in the State in his circumstances.

22.    Recommendations and selection for promotion

(1)     When recommending a promotion a Head of Department shall:

(a)     give his reasons for selecting the civil servant recommended;

(b)     state whether the officer recommended is the most senior of the civil servants in the Department eligible to be considered for the promotion, and where he is not, give detailed reasons as to why the Head of Department recommends him in preference to each of such other officers in the Department as would be superseded;

(c)     recommend an effective date for the promotion, giving reasons for his recommendation;

(d)     if this recommendation in respect of the selection of the officer or an effective date for the promotion is at variance with the advice of the departmental staff board, give his reasons for the variation;

(e)     if the officer recommended holds a non-pensionable office, draw the Commission’s attention to that fact.

(2)     when making a promotion, an appointing Authority, not being the commission shall:

(a)     ensure that there are sufficient reasons for promoting the officer selected;

(b)     have regard to the fact as to whether the officer selected is the most capable of the civil servants in the department eligible to be considered for promotion and where he is not, ensure that there are sufficient reasons for selecting him in preference to each of the other officers in the Department as would be superseded:

(c)     determine an effective date for the promotion;

(d)     if his selection of the officer or determination of an effective date for the promotion is at variance with the advice of a departmental staff board, record his reasons for the variation.

23.    Promotions in centrally deployed cadres recommended by Head of other Department

Any recommendation for a promotion to, or within centrally deployed cadre, which a Head of Department, who is not the Head of Department for the cadre wishes to make, shall be made to the Head of Department for that cadre, who shall make such recommendation as he thinks fit to the Commission in accordance with these regulations.

24.    Appointment on transfer or secondment

Where a Head of Department recommends to the Commission that a vacancy in his Department in category 1 or 2 should be filled by transfer or secondment, he shall-

(a)     state whether the transfer or secondment would result in the supersession of any eligible civil servant in his appointment and where it would do so give detailed reasons as to why he recommends such transfer or secondment in supersession of each of such officers in the Department as would be superseded;

(b)     where the recommended transfer or secondment is of an officer in the public service of the State, forward the views of the officer’s Head of Department, which shall comprise or include a statement as prescribed in paragraph (2) of regulation 25, or arrange for these views to be submitted direct to the Commission and inform the Commission that he has done so. If, the officer has not applied for transfer or secondment, his own views shall similarly be obtained and reported or forwarded to the Commission.

25.    Applications for transfers or Secondments within Public Service of the State to Posts in categories 1 and 2

(1)     A civil servant applying for transfer or secondment within the public service of the State shall address his application, if the post to which he wished to transfer or be seconded is in category l, to the Head of the Department to or within which he wishes to transfer or be seconded, in either case through the usual departmental channels and, if he wishes to transfer or be seconded to another department, through the Head of his department and shall state in his application his reasons, for wanting the transfer or the secondment and his qualifications for the public office to which he wishes to transfer or be seconded.

(2)     The Head of the applicant’s Department shall, if the application is for transfer or secondment to a public office in category 2 in another Department, forward the application to the Head of the Department to which the officer wishes to transfer or be seconded and shall send to him, simultaneously if the time remaining before any relevant closing date for applications allow, or subsequently if it does not, a statement of-

(a)     how the applicant has performed his duties;

(b)     his opinion of the applicant’s suitability for the post he desires;

(c)     his views regarding the officer’s release from his department.

If the application is for a public office in category I in another Department, the Head of the applicant’s Department shall send a copy of the application, and of his statement as above, to the Head of Department to which the applicant wishes to transfer or be seconded and shall inform the Commission that he has done so, when sending the originals of the application and statement to the Commission.

(3)     The Head of Department to or within which the applicant wishes to transfer or be seconded shall make such recommendation as he thinks fit to the Commission in accordance with these regulations.

(4)    A copy of any application for transfer or secondment from a Head of Department, Head of Division of officer co-ordinating a group of Divisions, and of any recommendation in respect of such application shall be sent by its writer to the Head of the State Civil Service through the usual Departmental channels where the writer is not a Head of Department.

26.    Transfer and secondment within the public service of the State to posts in category 3

Transfer or secondments to public officers in category 3 within a Department or from one Department in the public service of the State to another may be arranged, on the application of or with the consent of the public officers concerned, at the discretion of the Head of Departments concerned, subject to the provisions to paragraph (2) of regulation 13.

27.    Release on transfer on secondment outside the public service of the State

(1)     A civil servant applying for transfer or secondment to outside the public service of the State shall address his application through the usual Departmental channel to his Head of Department, The Permanent Secretary Employment and Civil Service Matters Department and the Commission. The Head of the Department shall act in accordance with such procedure as the Commission may prescribe in respect of the type of application for transfer or secondment concerned and, if such procedure requires him to forward the application to the Commission, he shall the same time as he forwards it to the Commission through the Permanent Secretary Employment and Civil Service Matters Department if the time remaining before any relevant closing date for application allows, or subsequently if it does not state whether or not he recommends that the applicant should be permitted to Transfer. If the applicant is himself a Head of Department or occupies a public office in the State Civil Service not below salary Grade Level 14, he shall address his application to the Commission through the Head of the State civil Service. The Secretary to the State Government shall in such case, inform the Commission at the time as he forwards it  to the Commission, if the time remaining before any relevant closing- date for application allows, or subsequently if it does not, whether he recommends that the officer should be permitted to transfer or be seconded or not’

(2)     If a civil servant is offered transfer or secondment to an office outside the public service of the State without his having applied for such transfer or secondment’ the Permanent Secretary Employment and Civil-service Matters Department and the Head of his Department shall make the recommendations which would have been made under paragraph (1) of this regulation had the officer applied for su9lr-transfer or secondment, and the officer’s own views on such transfer or secondment shall be obtained and reported or forwarded to the Commission.

28.    Applications for transfer or secondment to the Civil Service of the State

(1)     correspondence regarding the transfer or secondment to the civil service of the State of the holders of pensionable offices outside that State Civil Service shall be conducted through the Commission, unless the Commission otherwise permits and !f a Head of Department receives such correspondence, including applications direct, he shall inform the Commission about same’

(2)     If a Head of Department is asked by the Commission to state his views regarding such a transfer or secondment he shall—

(a)     if he recommends an appointment on such transfer or secondment to a Public officer in category 1 or2 comply with paragraph (a) of regulation 24;or

(b)     before stating that he is prepared to make an appointment on such transfer or secondment to a public officer in category 3, take into account the  provision of paragraph (2) of regulation 18.

29.    When an acting appointment or a temporary appointment may be recommended

(1)     where a Head of Department considers it necessary that the duties or part of the duties of a vacant public office classified as category 1 or 2 in these regulations should be discharged before the vacancy can be filled in accordance with regulation 16 or where it is necessary that a particular duty post should in accordance with Civil Rules No’ 20101 and 20102 continue to be filled at a time when no officer of corresponding substantive rank is available for posting thereto, he may make a recommendation to the commission in accordance with regulation 30, that a civil servant should act in the office.

(2)     where a Head of Department considers it necessary that the duties of a vacant public office in the permanent establishment should be discharged before the vacancy can be filled in accordance with regulation 16 or 18 and acting appointment either is not permissible under paragraph (1) of this regulation, or is in his opinion not in the interest of the public service of the State he may recommend to the Commission or himself make (as may be appropriate to the category of the vacant office) a temporary appointment of an eligible person until such time as an appointment can be made in accordance with regulation 13 and paragraphs (a) to (e) of regulation 16 or regulation 18 as may be appropriate, shall not apply to such temporary appointment, or to an appointment to a public office category 1, 2 or 3 which is temporary because the office is not part of the permanent establishment:

Provided that regulation 13 and regulation 16 or 18 as may be appropriate, shall apply to the appointment on probation or on contract of the holder of a temporary appointment.

30.    Acting appointment Procedure

(1)     In any recommendation he makes for an acting appointment a Head of Department shall:

(a)     state the date on which he recommends that the appointment shall begin  taking into account the provisions of Civil Service Rule No. 20105 and state, if possible, at the same time as he makes the recommendation and if not as soon as possible thereafter, when he expects that it will end, taking into account the provisions of Civil Service Rule No. 20106 as well as those of paragraph 3 of regulation 20;

(b)     where the proposed acting appointment is in an office which is not filled substantively, and where, whether this is so or not, it is intended that the appointment shall be for the purpose of testing the suitability of the officer concerned for promotion, comply with paragraph (3) of regulation 20 in respect of such acting appointment;

(c)     if the office in which an acting appointment is recommended is reserved for Nigerians by Government of the State and the public officer recommended for the appointment is not Nigerian, he shall obtain the consent of the Secretary to the State Government to support the appointment of a non-Nigerian;

(d)     mention any objection to his recommendation made by a Head of Division or officer co-ordinating a group of Divisions in this Department if he has been specifically asked to do so by such Head or Officer.

(2)     A copy of any recommendation relating to a public office of Head of Department Head of Division, or officer co-ordinating a group of Divisions which is not included in the Administrative cadre shall be sent to the Secretary to the State Government by the Head of Department making the recommendation.

(3)     As soon as the holder of an acting appointment ceases to hold it, the Head of Department shall report the fact to the Commission.

31.    Selection for training leading to promotion

(1)     A Head of Department shall recommend an officer for a course of training’

(2)     Where the course of training will lead to the promotion of the officer after the successful completion of the course of training by the official, a Head of Department shall convene a meeting of departmental staff board to advice on the selection.

(3)     A copy of any recommendation in pursuance of paragraph 1 of this regulation shall be sent to The Permanent Secretary Employment and Civil Matters Department by the Head of Department making the recommendation.

(4)     The selection of an officer for course of training mentioned in subsection (2) shall be approved by the Civil Service Commission before the officer proceeds on the course of training.

32.    Notification by contract officer of wishes regarding re-engagement

A contract officer shall give notice to his Head of Department at the time and in the manner laid down in his agreement as to whether he wants further employment in the public service and, if the terms on which he is serving do not provide for such notification. he shall give such notice to his Head of Department in writing six months before the expiry of his contract or if he is an overseas officer, six months before he will be due to leave Nigeria at the end of his residential service under his contract.

33.    Recommendations regarding re-engagement of contract officers in categories 1 and 2

(1)     on receipt of a notification from a contract officer in category 1 or 2 that he wishes to be re-engaged, a Head of Department shall, subject to paragraphs (2) and (3) of this regulation make a recommendation to the Commission as to the officer’s reengagement.

(2)     If the contract officer is a re-engaged pensioner or an overseas officer, the Head of Department shall send his recommendation to the Commission through the Permanent Secretary Employment and Civil Service Matters Department who shall state his views in respect of it when forwarding it to the Commission and if he recommends re-engagement shall specify the duration of the re-engagement recommended, and if the officer is an overseas officer, shall attach a certificate signed by him to the effect that there is no eligible Nigerian available for the public office in the State Civil Service concerned; such certificate shall not be valid until it shall have been countersigned by the Chairman’ If an overseas contract officer is a Head of Division, the recommendation shall cite the consent of the Head of State civil Service supporting the appointment of a non-Nigerian.

(3)     If the contract officer is a Head of Division or officer co-ordinating a group of Divisions the Head of Department shall send a copy of his recommendation to the Secretary to the State Government.

PART 5 – Compulsory Retirement, Termination of Appointment, Conclusion of Probationary Service and Acting Appointments with a view to Promotion

34.    Procedure for recommending retirement of confirmed pensionable officer after 15 years of service

If it appears to a Head of Department that there is reason, arising out of the officer’s conduct or efficiency why a civil servant who has been confirmed in a pensionable office and, has held a pensionable appointment for at least fifteen years consecutively should be called upon to retire, the Head of Department shall—

(a)     if the officer is in category l, make a recommendation, giving his reasons to the Commission, and if the Commission, after having received the recommendation, authorises him to call upon the officer to submit representations regarding his proposed compulsory retirement, the Head of Department shall do so and upon receiving any such representations shall transmit them with his observations upon them to the Commission, or if the officer does not avail himself of the opportunity to submit representations before a date specified by the Head of Department (which date shall allow a reasonable interval for the purpose) he shall report the, fact to the Commission; or

(b)     if the officer is not in category I afford him an opportunity of submitting representations regarding his proposed compulsory retirement and if the officer does not avail himself of the opportunity to submit representations before a date specified by the Head of Department (which date shall allow a reasonable interval for the purpose) or if it still appear to the Head of Department, after considering any such representations that the officer should be called upon to retire, he shall make a recommendation to the Commission, attaching any representations the officer has made, and giving his reasons for his recommendation, which shall include his observations upon any representations made by the officer:

Provided that before embarking upon the procedure laid down in this regulation the provisions of the Civil Service Rules 04123 to the effect that the officers concerned must have been intimated, advised or warned about the poor standard of his performance and unsatisfactory behaviour in writing.

35.    Procedure for termination of appointment of abolition of one of a number of offices

If a public officer in the permanent establishment in the State Civil Service which is one of a number of similar public offices is abolished but one or more such offices remain, the Head of Department shall make a recommendation to the Commission, giving his reasons, as to which substantive holder of such office shall have his appointment terminated.

36.    Premature termination of contract officer’s appointment and termination of temporary appointment

Where a contract officer is serving under an agreement which provides for the termination of his appointment before the expiration of the term of engagement stipulated in the agreement, and the officer’s Head of Department is of the opinion that the appointment of the holder of a temporary appointment should be terminated, and where in either case regulation 35 does not apply, he shall, if the officer is in category I or 2, make a recommendation to the Commission or if the officer is -in category 3, terminate the appointment in accordance with the agreement, or in the case of a temporary appointment, in accordance with the terms upon which the appointment was made.

37.    Commission may initiate retirement or premature termination of appointment or termination of temporary appointment

In any case in which it appears to the Commission to be desirable that a pensionable civil servant who has held a pensionable appointment for at least fifteen  years continuously -or has attained the age of forty-five years, should retire or that the appointment of a contract officer should be terminated before the expiration of the term of engagement stipulated in the officer’s agreement or that the appointment of the holder of temporary appointment should be terminated, the Commission may, notwithstanding the provisions of regulations 34 or 36 direct the Head of Department to take such proceedings as are appropriate in accordance with either of those regulations or itself initiate or undertake proceedings in that behalf in such manner as it shall think it fit.

38.    Procedure for concluding probationary service and acting appointment with a view to promotions

(1)     Where a civil servant holds an appointment on probation and the Head of Department at any time during the period of probation is of the opinion that the officer’s appointment should be terminated, the Head of Department shall, subject to paragraph (3) of this regulation, make a recommendation to the Commission accordingly if the officer is in category I or 2 or terminate the appointment if the officer is in category 3.

(2)     Where a civil servant holds an appointment on probation, and no action as provided in paragraph (1) of this regulation has been taken earlier, the Head of Department shall, six months before the expiration of the period of probation, consider whether the officer should on such expiration be confirmed in pensionable office or whether a further period of probationary service is necessary to determine whether or not, the officer should be confirmed or whether his appointment should be terminated, and shall—

(a)     if the officer is in category 1 make a recommendation to the commission, subject to paragraph (3) of this regulation, not later than two months before the officer’s probationary period is to expire; or

(b)     if the officer is in category 2, make subject to paragraph (3) of this regulation, a recommendation to the Commission not later than two months before the officer’s probationary period is due to expire, unless he decides that he will confirm the officer on the expiration of the officer’s probationary period provided the officer has by that time passed any prescribed examination; or

(c)     if the officer is in category 3, make, subject to paragraph (3) of this regulation, such decision on the expiration oi the officer’s probationary period as may be consistent with the extent which the officer has satisfied the conditions for confirmation:

Provided that nothing in this paragraph shall preclude a Head of Department from informing the Commission, at any time after he has made a recommendation under subparagraph (b) of this paragraph that an officer should be confirmed, but before the officer has been confirmed that he has had occasion to vary this recommendation or decision, or for making, subject to paragraph (3) of this regulation, a different recommendation or, where by virtue of sub-paragraph (b) he had not previously made a recommendation.

(3)     Where the Head of Department proposes to recommend to the Commission or to decide, as may be appropriate to the category of the officer concerned, that the appointment on probation of the officer should not be confirmed but should be terminated the Head of Department shall inform the officer of his intention and shall afford him an opportunity of submitting representations on the matter and shall give due consideration to such representations, if any are submitted, before making his decision, or transmit such representations with his observations to the Commission as is appropriate, or if, in a case where the Head of Department proposes to make recommendations to the Commission as aforesaid, the officer does not avail himself of the opportunity to submit representations before a date specified by the Head of Department (which date shall allow a reasonable interval for the purpose) he shall report the fact to the Commission.

(4) (a) where in accordance with paragraph (3) of regulation 20, a civil servant has been appointed to act in a higher post with a view specifically to his eventual promotion thereto if he proves suitable, the Head of Department may recommend to the Commission at any time within six months of the effective date of such acting appointment or within such extended period as is permitted by the provisions of the said paragraph that the acting appointment should be made substantive or that the officer should revert to his substantive appointment. where no such recommendations have been made earlier, the Head of Department shall not later than one month before the end of the said six month or extended period, recommend to the Commission that the officer’s acting appointment should be made substantive, or that the officer should revert to his substantive appointment;

(b)     if the commission authorises the Head of Department to call upon the officer to submit representations regarding his proposed reversion’ the Head of Department shall do so and upon receiving any such representation-shall submit them with his observations to the Commission, or if the  officer does not avail himself of the opportunity to submit representations before a date specified by the Head of Department (which date shall allow a reasonable interval for the purpose) he shall report the fact to the Commission.

PART 6

Disciplinary Procedure

39.    Commission may initiate proceedings

In any case which comes to the attention of the Commission if the Commission is of the opinion that disciplinary proceedings should be instituted against a civil servant, the Commission may notwithstanding any other provisions of these regulations, direct the Head of Department to initiate such proceedings in accordance with these regulations or itself initiate and undertake proceedings in that behalf in such manner as it thinks fit’

40.    Misconduct to be dealt with as soon as possible after occurrence, and procedure in cases not provided for by regulations

(1)     Any misconduct by a civil servant shall be dealt with under these regulations as soon as possible after the time of its occurrence’

(2)     Any case of misconduct for dealing with which an appropriate procedure is not provided for by these regulations shall be reported to the Commission, and the Commission may issue instructions as to how the case shall be dealt with and the case be dealt with accordingly.

41.    No disciplinary action against female officer on maternity leave

Any disciplinary proceedings against a female civil servant which would otherwise have been taken during the period or her maternity leave shall be postponed until her maternity leave and further sick leave that may be granted to her under Civil Service rule No. 03301 has expired.

42.    Power of the Commission to hold disciplinary proceedings concurrently with criminal proceedings in courts on same matter

Notwithstanding anything to the contrary in these regulations the Commission, may institute, and where instituted, may continue proceedings against any civil servant whether or not:

(a)     criminal proceedings involving a felony or misdemeanour, other than criminal proceedings involving a simple offence have been instituted against the civil servant in any court of Law in Nigeria or elsewhere or are about to be instituted or are contemplated; or

(b)     the grounds upon which any criminal charge is based or is to be based are substantially the same as that upon which the disciplinary proceeding were or are to be instituted.

43.    Power of Commission to punish following an acquittal

A civil servant acquitted on a criminal charge for an offence or given discharge, whether amounting to an acquittal or not, in any court of law may be dismissed or otherwise punished in accordance with any disciplinary provisions on the same charge arising out of his conduct in the matter if the Commission is satisfied:

(a)     that his conduct in the matter has been in any respect blameworthy; or

(b)     that it is in the interest of the Ministry or Department where he is employed and generally in the interest of the public service as a whole ‘ that he be so punished.

44.    Interdiction when permissible

If disciplinary proceedings for a civil servant’s dismissal (including any disciplinary proceedings with a view to dismissal or imposition of lesser punishment instituted or continued in pursuance of regulation 43) are instituted or are about to be instituted or if criminal proceedings are instituted against a civil servant and if the disciplinary authority considered that the interests of the Civil Service require that such civil servant should cease forthwith to exercise the powers and functions of his office, the disciplinary authority may-

(a)     if the officer holds an appointment other than a temporary appointment, on category 1,2 or 3 interdict him; or

(b)     if the officer holds an appointment in category 4 or a temporary appointment in any other category terminate his appointment by payment of the appropriate remuneration in lieu of notice, but if such criminal proceedings result in his acquittal or if such disciplinary proceeding including any disciplinary proceedings with a view to dismissal or imposition of a lesser punishment instituted or continued in pursuance of regulation 43 result otherwise than in his dismissal, he shall bi re-engaged with effect from the date of such result or from the day following the expiration of the period for which he was paid remuneration in lieu notice whichever is the earlier.

45.    Interdiction Procedure

(1)     Where a Head of Department considers that a civil servant should be interdicted under regulation 44 he shall-

(a)     if the officer is in category I report the case with his recommendations to the Commission; or

(b)     if the officer is in category 2 or 3 interdict him.

(2)     Where the most senior civil servant in category -1 immediately available is of the opinion that a civil servant who is a junior rank to him and who is responsible to the same Head of Department as himself should be interdicted and is also of the opinion that a delay of forty-eight (48) hours or more is likely to intervene before the sanction of the disciplinary authority can be obtained for the junior officer’s interdiction, he may order the junior officer to cease to exercise any of his powers and functions. The senior officer shall forthwith report the giving of the order and the reasons therefore through the usual departmental channels to the Head of Department. If the disciplinary authority decides not to interdict the junior officer, that authority shall inform or arrange for the Head of Department to inform the senior and the junior officers that the order of interdiction has been cancelled. Where no officer in category I of the same Department senior to an officer in respect of whom an order of interdiction may be given by virtue of the preceding provisions of this paragraph is immediately available, the most senior officer in category 1 of any other Department immediately available may exercise the powers and discharge the duties which would have been exercised or discharged under the said provisions by the most senior officer in category I of the Department of the officer concerned had one been immediately available, and accordingly references in the said provisions to the Head of Department shall be construed as references to the Head of the junior officer’s Department.

(3)     If a civil servant is interdicted he shall be informed that he has been interdicted and the interdiction shall date from the time he is so informed or the time of any other given under the provision or paragraph (2) of this regulation, whichever is the earlier.

(4)     If the criminal proceeding s against an interdicted officer result in his acquittal or if the disciplinary proceedings against him (including any disciplinary proceedings with a view to dismissal instituted or continued in pursuance of regulation 43) result otherwise than in his dismissal he shall be reinstated in his office by the disciplinary authority with effect from the date of the result.

46.    Duties of interdicted officers

A civil servant who is under interdiction shall keep his Department informed of the address at which instructions to him can be delivered; if he fails to comply with instructions delivered at such address within twenty-four (24) hours of such delivery he shall be regarded as being absent from duty without leave. Where an officer under interdiction has received permission from the disciplinary authority which interdicted him to leave Lagos State any conditions imposed by that authority in respect of him so leaving shall be complied with by him and failure to do so may be dealt with as misconduct for which disciplinary proceedings may be instituted under these regulations.

47.    Salary during interdiction

(1)     A civil servant who is under interdiction shall subject to the provision of Regulation 50 receive such salary, not less than ‘half his salary, as the disciplinary authority shall think fit.

(2)    If the disciplinary proceedings against the civil servant result otherwise than in his dismissal, the whole of the salary withheld from him shall be restored to him when the final decision as to that result is taken.

48.    Officer not to resign during disciplinary proceedings

(1)     A civil servant against or in respect of whom disciplinary proceedings is to be or have been instituted or who is on interdiction, shall not resign his appointment until the disciplinary proceedings have been completed and a decision has thereon been communicated to him.

(2)     A civil servant against whom or in respect of whom disciplinary proceedings have been instituted or who is on interdiction, and who resigns or purports to resign his appointment, shall be considered and treated for all purposes as having been dismissed from the State Civil Service by that very fact and from the very date of the purported resignation.

49.    No payment of salary on conviction

A civil servant adjudged by a court of law to be guilty of a criminal offence (being a criminal offence as defined for the purpose of these regulations) shall not receive any emoluments from the date of such judgment, pending the decision of the disciplinary authority.

50.    Disciplinary action after conviction

(1)     If a civil servant in category I or 2 or a civil servant in category 3 who has been confirmed in a pensionable office is convicted of a criminal offence (being a criminal offence as defined for the purpose of these regulations) the Head of Department shall make a recommendation to the Commission as to whether the civil servant should be dismissed or subjected to some lesser penalty on account of his conviction for the offence of which he has been adjudged guilty, and shall submit with his recommendation a copy of the charge or charges, and of the judgment (and the proceedings of the court, if they are available at the time he makes his recommendation and, if they are not, and if the Commission asks to see them, when they become available) and the Commission may inflict such punishment upon the civil servant as may seem proper to the Commission without the procedure in regulation 54, 56 or 58 being followed.

(2)     If a civil servant in category 3 who has not been confirmed in a pensionable office or a civil servant in category 4 is convicted of such a criminal offence as afore-said the disciplinary authority may inflict such punishment upon the servant as may seem proper to it without following the procedure prescribed in regulation 57 or 58.

51.    Absence without leave or reasonable cause

(1)     Without prejudice to the power to institute disciplinary proceedings in respect of any absence from duty without leave or reasonable cause where a civil servant is absent from duty without leave or reasonable cause the disciplinary authority may dismiss him without following the procedure prescribed in regulation 54 or 57.

(2)     A civil servant shall be considered and treated for all purposes as having been dismissed from the State Civil Service by the very fact, and from the very date of his having committed any of the following acts or omissions-

(a)     absenting himself from duty without leave or reasonable cause and in circumstance evincing an intention on his part no longer to continue in the State Civil Service; or

(b)     resigning or purporting to resign his appointment without having first given due notice and serving for the period of the notice of such resignation or else paying one month salary in lieu thereof in accordance with the provisions applicable in the Civil Service in that behalf. Provided that if the civil servant concerned can later satisfy the disciplinary authority and the circumstances of having committed any of the acts or omissions aforesaid do not justify his dismissal from the State Civil Service the disciplinary authority may, without prejudice to the power to institute disciplinary proceedings in respect of such acts or omissions and with a view to a lesser punishment than dismissal being imposed revoke the dismissal.

52.    Officers who hold powers of inquiry

(1)     The officers holding or acting in any of the following offices in the State Civil Service shall hold powers of inquiry under these regulations—

(a)     public offices graded above salary level 10; and

(b)     such other public offices as may be specified by the Commission m any particular case.

(2)     For the avoidance of doubt, it is hereby declared that the power of inquiry provided for in paragraph (1) of this regulation shall not include any power to reach final decision or award punishment or notify findings to any other person than the disciplinary authority or the Head of Department of an officer whose conduct is the subject of the inquiry.

53.    Punishments

The followings are the punishments which may be ordered under and in accordance with this part of these regulations—

(a)     dismissal;

(b)     removal on grounds of inefficiency;

(c)     discharge on grounds of general unsuitability for further employment in the case of a person holding a non-established and non-pensionable office;

(d)     reduction in rank;

(e)     reduction in salary;

(f)      withholding of increment;

(g)     deferment of increment;

(h)     surcharge;

(i)      reprimand;

(j)      suspension; and

(k)     termination;

Provided that nothing in this regulation shall be construed as limiting or otherwise affecting any powers of the Commission to call upon an officer to retire in pursuance of regulation 34 or 37 or any powers to terminate or extend a probationary appointment or to order that an officer acting in a higher post with a view to his eventual promotion thereto, if he proves unsuitable should revert to his substantive appointment in pursuance of regulation 38 or any powers to defer or withhold increment without proceedings under regulation 56 or 57 in pursuance of regulation 59.

54.    Procedure for dismissal of officers in categories 1 and 2 and. confirmed officers in category 3

Whenever a head of Department considers it necessary to institute disciplinary proceedings against a civil servant in category 1 or 2 or a civil servant in category 3 who has been confirmed in a pensionable office and he is of the opinion that the misconduct alleged against the officer is such as would if approved, justify the officer’s dismissal from the Civil Service, the following procedures shall apply:

Category I

(1)     if the officer is in category 1;

(a)     the Head of Department shall rep.ort the case and recommend to the Commission to set up a Committee to investigate the alleged misconduct;

(b)     if the Commission accepts the recommendation, it shall direct the Head of Department to forward to the officer a statement of the charge preferred against him together with a brief statement of the allegations on which the charge is based in so far as they are not clear from the charge itself and shall call on him to state in writing before a day to be specified (which date shall allow a reasonable interval for the purpose) any grounds upon which he relies to exculpate himself;

(c)     the Head of Department shall, immediately after the specified day, either report to the Commission the fact that the accused officer has failed to furnish an exculpatory statement, or shall forward to the Commission with his comments or recommendation any such statement as the officer may have furnished;

(d)     (i) after receiving the report or statement together with the comments and recommendations referred to in subparagraph (c) of this paragraph the Commission may appoint a Committee comprising such persons as it shall specify being not less than three (3) in number to hold an inquiry into the matter;

(ii)     one member of the Committee shall be a public officer with legal qualifications. The Head of Department of the officer concerned shall not be a member of the Committee;

(e)     the Committee shall inform the accused officer that on a specified day the charge made against him will be investigated by them and that he will be allowed or if the Committee shall so determine will be required to appear before them to defend himself;

(f)      if witnesses are examined by the Committee the accused officer shall be given an opportunity of being present and of putting questions on his own behalf to such witnesses . He may also call witnesses in his own defence and such witnesses may be examined by the Committee;

(g)     the Committee may in its discretion permit the Head of Department to be represented by a public officer or a legal practitioner, and where the Committee permits the Head of Departments to be represented by a legal practitioner, it shall also permit the accused officer to be represented by a legal practitioner if he so wishes;

(h)     if, during the course of the inquiry ground, for the preferring of any additional charge against the accused officer are disclosed, the Committee shall inform the Commission and, if the Commission thinks fit to proceed against the accused officer upon such grounds, the same procedure shall be followed by the Head of Department in preferring the original charge;

(i)      the Committee having inquired into the matter, shall forward its report thereon to the Commission, accompanied by the record of the charges preferred, the evidence led, the defence, other proceedings relevant to the inquiry, and its findings on the charges, through the Head of Department, who shall add his recommendation as to the punishment, if any, to be awarded;

(j)      the Commission, after consideration of the report of the Committee, may if it is of the opinion that the report should be amplified in any way or that further investigation is desirable, refer the matter back to the Committee for further investigation and report or may itself hear evidence or examine any documentary evidence;

(k)(i) if having regard to the circumstances of the case, or for reasons of public policy that may be involved, it so desires, the Commission notwithstanding the provisions of regulation 42 subparagraphs (d) to

(ii)     of this regulation, shall itself hold the inquiry or investigate the matter. On such occasion, however, the Commission shall be assisted by a public officer with legal qualifications;

(ii)     similarly, and notwithstanding the provisions of sub paragraphs (b) to (d)  of this regulation, the Commission may call on the officer to appear before it to answer to the charges and state the grounds upon which he relies to exculpate himself;

(l)      if upon considering the report of the investigating Committee or its own inquiry, together with a copy of the evidence and of all material documents relating to the case, the Commission is of the opinion that the officer should be dismissed, it shall forthwith suspend him from the exercise of the powers and functions of his office and from the enjoyment of his salary and shall, without loss of time, dismiss him from the Service. The Salary dismissal shall take effect from the date upon which he was suspended by the Commission and shall not be entitled to any salary subsequent to such date.

The Commission’s decision on each charge preferred against the accused officer (but not the reason for the decision) shall be communicated to him.

Category 2 and confirmed pensionable officers in category 3

(2)     If the officer is in category 2 or in category 3 and has been confirmed in a pensionable officer-

(a)     the Head of Department shall forward to the officer a statement of the charge preferred against him, together with a brief statement of the allegations in which the charge is based, in so far as they are not clear from the charge itself, and shall call on him to state, in writing, before a day to be specified (which date shall allow a reasonable interval for the purpose) any grounds upon which he relies to exculpate himself;

(b)     if the officer does not avail himself of the opportunity to exculpate himself or if the Head of Department does not consider that the officer has exculpated himself, the Head of Department shall appoint a public officer specified by or under paragraph (1) of regulation 52 as holding powers of inquiry to hold an inquiry into the charge;

(c)     at the inquiry under this regulation, the accused officer shall be permitted to be present and shall be allowed to cross-examine any witness testifying against him, to make a statement and to call witnesses in his defence and to have access to all documentary evidence against him . The officer holding the inquiry may in his discretion permit the Head of Department to be represented at the enquiry by a public officer or a legal practitioner and where the officer holding the enquiry permits the Head of Department to be represented by a legal practitioner he shall permit the accused officer to be represented by a legal practitioner if he so wishes;

(d)     if, after considering the report of an inquiry held under this regulation, the Head of Department thinks that punishment should be inflicted on the accused officer, he shall forward a copy of the charges and evidence of the finding of the officer who held the inquiry on each charge, together with his own recommendations to the Commission;

(e) (i) if, having regard to the circumstances of the case or for reasons of public policy that may be involved, it so desires, the Commission notwithstanding the provisions of regulation 39 or sub-paragraphs (d) to (j) of this regulation, shall itself hold the inquiry or investigate the matter. In this case, however, the Commission shall be assisted by a public officer with legal qualifications;

(ii)     similarly, and notwithstanding the provisions of sub-paragraphs (b) to (d) of this regulation, the Commission may call on the officer to appear before it to answer to the charges and state the grounds upon which he relies to exculpate himself;

(f)      if upon considering the report of the investigating Committee or its own inquiry, together with a copy of the evidence and of all material documents relating to the case, the Commission is of the opinion that the officer be dismissed, it shall forthwith suspend him from the exercise of his office and from the enjoyment of his salary and shall, without loss of time, dismiss him from the Service. The dismissal shall take effect from the date upon which he was suspended by the Commission and shall not be entitled to any salary subsequent to such date.

(3) (a) Disciplinary proceedings against a contract officer in category I or 2 shall be instituted in accordance with the provisions laid down in this regulation and as specified in the revised provisions of the Civil Service Rules (CSR) 04108;

(b)     disciplinary measures, which may result in the dismissal of or termination of appointment of a person appointed on month-to-month basis, may be ‘ taken by the Commission on the recommendation to it by the Head of the Department of the person appointed on month-to-month basis.

55.    Documentary evidence

(1)     No documentary evidence shall be used at or for the purpose of any inquiry under regulation 54 without the accused officer having first had a reasonable time before hand, an opportunity to receive a copy thereof for which copy no charge shall be made, or an opportunity of access thereto.

(2)     After an inquiry has been closed, the accused officer shall be given a copy of the record of the evidence led (including, where reasonable, copies of documents tendered in evidence or the relevant parts thereof, but including any part of the report on or the proceedings of the inquiry other than the record of the evidence) on payment of one naira for each document tendered in evidence and twenty-five kobo for every hundred words after the first hundred words of the records of proceedings.

56.    Procedure for lesser punishment other than dismissal of officers in categories I and 2 and confirmed pensionable officers in category 3

Whenever a Head of Department considers it necessary to institute disciplinary proceedings against a civil servant in category 1 or 2 and a civil servant in category 3 who has been confirmed in a pensionable office and is of the opinion that the misconduct alleged against the officer is not such as would, if proved, justify the officer’s dismissal from the Civil Service, the following shall apply-

(1)     if the officer is in category l;

(a)     the Head of Department shall report the case, together with a statement of his opinion and the reasons for it to the Commission;

(b)     if the Commission agrees with the opinion of the Head of Department the Commission may—

(i)      direct the Head of Department to cause-an investigation to be made into the matter by a public officer holding powers of inquiry in such manner as it shall think fit; or

(ii)     if it considers the circumstances to have been sufficiently established by other proceedings than proceedings under these regulations or otherwise but without prejudice to regulation 39 direct the Head of Department to call upon the officer to submit representations as to why he should not be disciplined;

Provided that in either event the accused officer shall be entitled to know the whole case against him and shall have an adequate opportunity of making his defence;

(c)     the Head of Department shall forward to the Commission the report of any such investigation, and any representations submitted by the accused officer, together with the Head of Department’s recommendations as to the punishment, if any, other than dismissal, which he considers should be inflicted upon the accused officer.

Category 2 and confirmed pensionable officers in category 3

(2)     If the officer is in category 2 or is in category 3 and had been confirmed in a pensionable office-

(a)     the Head of Department shall—

(i)      cause an investigation to be made into the matter by a public officer specified by or under paragraph (1) of regulation 52 as holding powers of inquiry, in such manner as the Head of Department thinks fit; or

(ii)     if he considers the circumstances to have been sufficiently established by other proceedings than proceedings under these regulations or otherwise, call upon the officer to submit representations as to why he should not be punished:

Provided that in either event the accused officer shall be entitled to know the whole case against him and shall have an adequate opportunity of making his defence;

(b)     if, after considering the report of any such investigation, and any representations submitted by the accused officer, the Head of Department is of opinion that the allegation is proved, he shall report the case to the Commission with his recommendations as to the punishment, if any, other than dismissal, which he considers, should b5>- indicted upon the accused officer in category 2 or punish him if he is in category 3.

57.    Procedure for dismissal or lesser punishment of non-pensionable officers in category 3 and officers in category 4

(1)     Where the misconduct alleged against a civil servant in category 3 who has not been confirmed in a pensionable office or a civil servant in category 4 is such as would, if proved, justify his dismissal from the State Civil Service or his being otherwise punished, the Head of Department in the case of such an officer in category 3 or the Head of Department or other appropriate disciplinary authority in the case of an officer in category 4, shall inform the officer concerned of the grounds upon which it is proposed to dismiss or otherwise punish him and shall give him an opportunity to submit representation s as to why he should not be dismissed or otherwise punished.

(2)     If the officer does not avail himself of the opportunity to submit representations as aforesaid, or if the Head of Department or other disciplinary authority is not satisfied with the representations submitted by the officer, the Head of Department or other disciplinary authority may dismiss or otherwise punish him according, as is considered appropriate, having regard to the circumstances of his case.

58.    Procedure for removal for inefficiency: categories 11 2 and 3

(1)     Before recommending to the Commission that a civil servant in category I or 2 who has been confirmed in a pensionable office should be removed from the State Civil Service or otherwise dealt with on grounds of inefficiency, and before removing him from the State Civil Service or otherwise dealing with a civil servant in category 3 who has been confirmed in a pensionable office, on such grounds, a Head of Department shall prepare a statement as to the officer’s general standard of efficiency and shall afford him an opportunity of considering the statement and showing cause why he should not be removed from the State Civil Service or otherwise dealt with on grounds of inefficiency:

Provided that nothing in this paragraph shall prevent the Commission or a Head of Department from ordering, ot a Head of Department from recommending, in each case as may be appropriate to the category of the officer concerned , the removal from the State Civil Service, on grounds of inefficiency of a civil servant who has been confirmed in a pensionable office where the Commission or the Head of Department, as the case may be, is of the opinion upon the completion of proceeding instituted for the dismissal of the officer that the officer does not deserve to be dismissed but that the proceedings disclose grounds for removing him on account of inefficiency, in which event it shall not be necessary to comply with the main provisions of this paragraph.

(2)     Before discharging a civil servant in category 4 (subject to any terms as to notice applying to his appointment) on grounds of general unsuitability for further employment, a disciplinary authority shall warn of his failings and give him an opportunity to improve or to offer an explanation as to his failure to perform his duties in a satisfactory manner.

59.    Withholding or deferment of increment

(1)     If a Head of Department is of the opinion that there are grounds upon which grant of an annual increment to a civil servant should be deferred or withheld, the Head of Department—

(a)     if the officer is in category I or 2 shall report the case with his recommendation to the Commission; or

(b)     if the officer is in category 3 or 4 may defer or withhold the increment as he shall think fit.

(2)     Where an increment has been deferred, the Head of Department shall upon the expiration of the period fixed for deferment—

(a)     if the officer is in category 1 or 2 make a report to the Commission with his recommendation as to whether the increment should be granted, further deferred (if Civil Service Rule Nos. 05205, 05206 permits) or withheld; or

(b)     if the officer is in category 3 or 4, grant further deferment (if Civil Service Rules 05205 per 05206 permits) or withhold the increment as he shall think.

60.    Appeals to the Commission in disciplinary cases

(1)     Where powers of dismissal of the disciplinary control have been delegated to a civil servant an appeal may be made to the Commission against any decision taken in pursuance of such delegation but no appeal shall normally be entertained in any case unless the application petting out the grounds of appeal is received by the Commission within six weeks of the date upon which such decision was notified to the officer, but the Commission may entertain an appeal out of time if in its opinion the circumstances warrant that course.

(2)     Only one such appeal shall normally be entertained but a second appeal within one year of the date upon which the decision appealed against was notified to the officer may be entertained if the Commission is satisfied that the second appeal discloses new and material facts which might have affected the former decision, and if adequate reasons axe given as to the non-disclosure of such facts before or by the date of the former decision.

(3)     A copy of any application setting out the grounds of an appeal submitted to the Commission shall be given by the appealing officer to the Head of Department and, if the decision appealed against was taken by a disciplinary authority in the Department other than the Head of Department to that authority also, and comments upon the application shall be furnished to the commission by the Head of Department, and, if applicable by such other disciplinary authority through the Head of Department.

(4)     When communicating his decision in pursuance of any delegation of powers as is referred to in paragraph (1) of this regulation to an accused officer a disciplinary authority shall inform him that an appeal may be made to the Commission within six weeks thereafter but any failure to communicate such fact shall not invalidate any such decision.

PART 7 – Petitions

61.    When petitions may be addressed to the Commission

(1)     A civil servant or a person who was formerly a civil servant may, subject to the other paragraph of this regulation, petition the Commission on a matter concerning the exercise of a power vested in the Commission by law.

(2)     No petition shall be submitted on any matter in respect of which provision is made in regulation 60 for appeal.

(3)     Before petitioning the Commission a civil servant or a person who was formerly a civil servant shall make representations to his Head of Department in the case of a civil servant through the usual departmental channels and a civil servant or a person who was formerly a civil servant shall petition the Commission only if he fails to obtain satisfaction as a result of such representations, which failure he shall record in his petition.

62.    Routing of and comments on petitions to the Commission

A petition to the Commission shall, if written by a person who is still a civil servant, be submitted through the usual departmental channels and the Head of Department and each civil servant through whose hands it passes in the course of such submission shall furnish such comments on it, and on the comments furnished by his subordinates as he thinks necessary, to his superior and the Head of Department shall, when submitting it, furnish comments on it to the Commission.

63.    Submission of original and copies

(l)      A petitioner who is still a civil servant shall submit  to his immediate superior the original of his petition and such number of copies as will in addition provide a copy for each civil servant through whose hands it must pass in accordance with regulation 62.

(2)     The Head of Department shall send the original of the petition to the Commission.

(3)     If a petition relates to a matter upon which these regulations require a Head of Department to send any document to the Head of the State Civil Service, the Head of Department shall when sending the original of the petition to the Commission, send a copy of the petition and his comments upon it to the Head of State Civil Service.

64. Form of petition

(1)     A person shall conclude by stating the nature of redress sought and a petition which exceeds two pages in length shall also include a summary of the reasons adduced in support of the redress sought.

(2)     A petition submitted by the petitioner himself shall bear the signature or independently attested mark of the petitioner or sha1l, if written at the request, on behalf, or in the name of an illiterate petitioner, be prepared in accordance with the provisions of the illiterates Protection Law.

(3)     Where any person, whether or not a civil servant submits a petition above his own signature on behalf of a civil servant who is not illiterate, he shall record his name and address in the petition and shall indicate on the petition that he has been properly authorised to write on behalf of that officer.

(4)     The Commission may, if it thinks fit, decline to enter into correspondence on a petition concerning a civil servant with any person other than that officer.

(5)     A petition addressed to the Commission by any association of ciyil servants shall be directed solely to a discussion of the principles applicable generally to civil servants and shall not discuss the cases of individual officers as such.

65.    Action where petitions do not comply with regulations

(1)     Petitions submitted otherwise than in accordance with the provisions of this Part may be returned to the petitioner or writer and his attention drawn to the points in regard to which the petition has not complied with regulations any of those provisions.

(2)     A copy of a petition sent to the Commission or any public officer in advance of the original of the petition submitted in accordance with regulation 62 or a petition which—

(a)     without introducing new matter of relevance, deals with the subject of a previous petition on which a decision has been given;

(b)     repeats the substance of a previous petition without introducing new matter of relevance;

(c)     is telegraphed; or

(d)     is anon5rmous, bears a fictitious signature, couches in abusive or improper language or is illegible or meaningless, may be ignored:

Provided that nothing in this paragraph or this Part shall be construed as prohibiting a petitioner from addressing direct to the Commission, the Head of Department or any civil servant through whom he is required under regulation 62 to submit a petition, an inquiry after a reasonable time asking only whether his petition has been received by the authority to whom such inquiry is addressed.

PART 8Performance, Evaluation Reports, Testimonials and Certificates of Service

66.    Commission may require reports to be rendered

The Commission may require Performance Evaluation Reports to be rendered on a civil servant, and the submission and custody of such reports shall comply with the provision of these regulations and any instructions in that behalf that may be issued by or with the approval of the Commission.

67.    Progress Reports

(1)     Progress Reports shall be rendered to the Commission by Heads of Departments on every civil servant in category I and to Head of Departments by such civil servant as they may prescribe on every civil servant in category 2 or 3, who is-

(a)     on probation;

(b)     on contact and has served for less than two (2) years;

(c)     a re-engaged pensioner on contract, on whom before his retirement or withdrawal, Annual Performance Evaluation Reports were not rendered by a civil servant in the Public Service of the State; or

(d)     appointed to act in a higher post with a view specifically to his eventual promotion thereto if he proves suitable.

(2)     Performance Evaluation Progress Report shall -be rendered on officers in category 1 in such form as the Commission may prescribe and on other officers as the Head of Department may prescribe subject to any instructions given by the Commission in that regard. Any such report in which a recommendation is made that an officer appointed to act in a higher post with a view specifically to his eventual promotion thereto if he proves suitable should be promoted shall include as full an assessment as possible of his personality, achievements and future potentiality. Any final report required by paragraph (3) of this regulation shall include a definite recommendation as to the officer’s confirmation, further engagement, or promotion.

(3)     Head of Departments may prescribe the times at which Performance Evaluation Reports on civil servants in category 3 shall be submitted. A separate Progress Report shall be rendered on a civil servant in category I or 2 to whom sub-paragraphs (a) to (c) of paragraph (1) of this regulation apply, not later than six weeks after the end of the period to which it relates, in respect of each of his first three periods of six months’ service (which shall be construed as service which is part of a tour in the case of an overseas officer, but otherwise as service including leave) and a final report shall be rendered not later than one month before he officer’s probationary period or second year of reengagement is due to expire or not later than three months before his third year of contract service of (in the case of an overseas contract officer serving the second of two tours of not less than fifteen months each) second tour of contract service, is due to expire and a separate Progress Report shall be rendered on a public officer to whom sub-paragraph (d) of paragraph (1) of this regulation applies at the same time as any recommendation is made to the Commission in pursuance of sub-paragraph (e) of paragraph (4) of regulation 38:

Provided that:

(i)      where an officer’s probationary period has been reduced to less than two years or where a contract officer is appointed for a shorter period than three yea, or in the case of an overseas contract officer, is serving for a shorter period than two tours of fifteen months each, the number of reports shall be correspondingly reduced and references to a final report shall be construed an accordingly, so that in any case a final report shall be rendered not later than one months before a probationary period or two months before a period of contract service is due to expire;

(ii)     when an overseas officer is due to go on leave during his probationary period, or at the end of a tour, other than the last, of a contract providing for more than one tour of service, and an adverse opinion has been formed on his suitability or confirmation or for a further tour, a special report shall be rendered not later than two months before he is due to go on leave, but no delay in the submission of such special report shall affect any decision by the appointing authority.

68.    Annual Performance Evaluation Reports

(1)     Annual performance Evaluation Reports shall be rendered on any Civil Service officer who—

(a)     holds a public office in category 1 or 2 or such other civil servant in category 3 as the Head of Department may prescribe; and

(b)     is not an officer in respect of whom paragraph (1) of regulation 67 requires a Progress Report to be rendered or an officer holding a temporary appointment:

Provided that it shall not be necessary to render an Annual Performance Evaluation Report in respect of an officer on whom a Progress Report has been rendered less than four months before the end of the period for which an Annual Report would have been required.

(2)     Annual Performance Evaluation Reports on civil servants in category 1 shall be rendered to the Commission by Heads of Departments and in such form as the Commission may prescribe and such reports on other civil servants and in such form as they prescribe to any instruments that may be given by the Commission in the regard.

(3)     The procedure for the rendering of Annual Performance Evaluation Reports on civil servants not in category 1 or 2 shall be at the discretion of Head of Departments and on officers in category 1 or 2 shall be as follows—

(a)     an Annual Performance Evaluation Report shall be rendered in respect of each period of twelve months ending on 31st December or, subject to the provisions of paragraph (1) of this regulation, any part of the period during which an officer has held a public office in respect of which  paragraphs (1) and (2) of this regulation require that an Annual Performance Evaluation Report shall be rendered on him to the Commission;

(b)     in the first week of January, each year, or earlier if he will then be on leave .or if his Head of Department requires him to take earlier action, every public officer in category I on whom an Annual Report is required by this regulation shall complete, of the prescribed form and, if he is a Head of Department, shall deliver the copies to the Head of the State Civil Service or, if he is not, shall deliver the to the civil servant to whom he is immediately responsible. A civil servant required by regulation 71 to write a report may require other civil servants to provide written material for a report on the officer on whom the report is required and may, subject to these regulations, prescribe the procedure for the submission to him of such material and of the copies of the report, signed by the officer. The prescribed number of copies of this report, completed as required by regulation 70, shall be delivered to the Commission not later than the 31st of March following the period in respect of which the report is rendered.

69.    Special and Supplementary Report

Supplementary Performance Evaluation Reports and Supplementary Evaluation Reports shall be rendered on any civil servant at any time at the request of the Commission or of a Head of Department with the approval of the Commission and shall have such titles and be in such form as the Commission or the Head of Department with the approval of the Commission, may prescribe.

70. Who shall write reports to the Commission?

Performance Evaluation Reports rendered to the Commission shall be written by the following civil servants-

(a)     a report on the Head of Department shall be written by the Secretary to the State Government;

(b)     a report on a member of a centrally deployed cadre who is posted to a Department for which the Head of Department for his cadre is not responsible shall, subject to paragraphs, (3), (4) and (5) of regulation 71  be written by the Head of that Department or, in the case of a member of the General Executive Cadre (not being himself a Head of Division) or of the Secretarial Cadre by an officer of not less than Head of Division status responsible to that Head of Department, in which latter event the Head of that Department shall endorse the report or add his own report to it, and the Head of Department for the Cadre shall endorse the report or add his own report to it;

(c)     a report on a member of a centrally deployed cadre who is not posted as in paragraph O) of this regulation shall be written by the Head of Department or by an officer of not less than Head of Division status responsible to the Head of Department, in which latter event the Head of Department shall endorse the report or add his own report to it;

(d)     a report on a civil servant who is not a member of a centrally deployed cadre shall be written;

(i)      if the officer is not Head of Division, by the Head of his Division, and the Head of Department shall endorse the report and add his own report to it;

(ii)     if the officer is a Head of Division and the Division is included in a group of Divisions co-ordinated by another officer, by such latter officer in which event the Head of Department shall endorse the report or add his own report to it, and if the Division is not so included, or if the officer is himself an -officer who co-ordinates a group of Divisions, by the Head of the Department, and in either event the Head of the State Civil Service shall endorse the report or add his own report to it.

71.    Substantive officers to write reports and effect of postings

(1)     Performance Evaluation Report shall be written by the substantive holder of the public office, which these regulations, or a Head of Department where these regulations permit, charged with responsibility for such reports:

Provided that an officer gazetted as acting for such substantive holder during his absence or charged with such a duty by the Head of Department, may write a Performance Evaluation Progress Report, and an officer gazetted as acting or deployed to act as a Head of Division during the absence of the substantive holder of the post may write any Evaluation Report if the substantive holder has, with the prior approval of the Head of Department, authorised him to write such reports generally during the absence of the substantive holder.

(2)     Where the substantive holder of a public office charged with responsibility for writing a performance evaluation report knows that he will be temporarily absent from such office; at the time a report is due to be written he shall unless the proviso to paragra.ph (1) of this regulation applies, write the report and submit it as these regulations may require before he leaves the public office.

(3)     Where posting to a public office the substantive holder of which is charged with responsibility for writing a confidential report would result in an officer assuming responsibility within the last one-third of the period to which the report is to relate for writing a report on another officer on whom he has had no official knowledge immediately prior to his own posting, the officer vacating the office shall write the report before he leaves and shall deliver it to the officer who succeeds him, and the latter officer shall submit the report when it becomes due with such signed alterations, if any, as he shall think fit.

(4)     Where the posting of a civil servant would result in another civil servant assuming, after the beginning of the period to which the report is to relate, responsibility for writing a report upon such officer as is first mentioned and neither paragraph (2) nor paragraph (3) of this regulation applies, any other civil servant under whom the officer to be reported on served for one third or more of the period, and would have been responsible for writing the report had the officer to be reported on continued to serve under him, shall, at the request of the officer assuming responsibility, provide that officer with written material for a report on the officer to be reported on (in which case the fact that such comments have been taken into account) shall be recorded in the report or shall, if so requested by the Head of Department, write the report .

(5)     Where it is impossible to comply with paragraph (1) or (2) of this regulation, as in the case of Secretaries to Commissions and Boards, and where the Secretary to the State Government or a Head of Department considers that compliance with paragraph (3) or (a) of this regulation would be inappropriate, the Secretary to the State Government or the Head of Department as may be appropriate shall make that which appears to him to be the most suitable arrangement possible for the writing of a report and the circumstances shall be explained in the report.

72.    Reports on officers on training courses

Where a civil servant has, during a period or part of a period in respect of which a Performance Evaluation Report is to be rendered, been absent from his Department for the purpose of a training course whose duration is more than six months the Head of Department shall obtain such reports from the authorities in charge of such training as will serve as an alternative to, and in lieu of the normal Performance Evaluation Report so as

73.    Reports on Seconded Officers

(1)     Where a civil servant is seconded to another Department in the public service, the Head of the Department to which he is seconded shall render report on him through the Head of the Department from which he is seconded if he is in category 1, and if he is any other category, the Head of Department to which he is seconded shall arrange for such reports to be rendered and shall forward them to the Head of the Department from which the officer is seconded.

(2)     When a civil servant is seconded outside the public service of the State to an organisation established by the Government of the State, the Head of the Department from which he was seconded shall obtain reports on him from the organisation and take such action on them as these regulations require to be taken on reports on an officer in the category to which the officer belongs.

(3)     Where a civil servant is seconded to another service, the Commission shall obtain a report on him from the appropriate authority in such other public service.

(4)     Where a person is seconded to the public service of the State, the Head of Department shall render such reports on him as the commission may require.

74.    Reports to be dated and signed

Every Performance Evaluation Report (including any endorsement of or alteration in or addition to a report) shall be dated and shall be signed in full by the reporting officer, who shall append his rank or acting rank below his signature.

75.    custody and transmission of reports and retention of copies

(1)     A civil servant who is writing, has written or has custody of a performance Evaluation Report, or to whom a report is delivered, or into whose possession a report comes in any manner whatsoever, shall ensure that it is seen or retained only by the authority to whom it is rendered in accordance with these regulation or by a civil servant authorised by such authority, or by a public officer authorised by a Head of Department acting in accordance with paragraph (a) of this regulation; to see or retain it as the case may be, and shall have access to a report rendered on himself.

(2)     A civil servant sending a Performance Evaluation Report to the Commission or to another civil servant shall cover, address and transmit it in such a manner as shall ensure that iI is not seen by any person who has not been authorised to see it by the Commission or the officer to whom it is addressed.

(3)     A copy of the Performance Evaluation Report on officers holding posts in grade level 13 and above in the Civil Service of the State shall be sent to the Head of the State Civil Service for retention.

(4)     No copy of a Performance Evaluation Report shall be retained by a reporting officer:

Provided that a Head of Department may retain one copy of any report rendered to the Commission on an officer of his Department on condition that he arranges for the custody under his personal supervision of such reports in such manner as shall ensure compliance with paragraph (1) of this regulation.

76.    Communication of report to officers

Heads of Department shall ensure full compliance with paragraph 2.5 of the Notes for Guidance on the Performance Evaluation Report and see to it that item 14 of the Annual Performance Evaluation Report Form is signed by the officer reported upon:

Provided that if for any reason the officer rendering the report considers that it would not be in the interest of the officer or of the Civil Service that such action should be taken especially as the officer reported upon shall have countersigned item 14 of the report such reason shall be recorded li, t}r. report and the officer rendering the report shall comply with any direction in pursuance of this regulation given by the Commission or the Head of Department shall have received the report.

77.    Official testimonials

Heads of Departments may, subject to the Commission’s approval of the terms of any testimonial relating to an officer in category I issue official testimonials to prospective employers but shall issue to public officer or a former officer himself only the Certificate of Service for which regulation 78 provides.

78.    Certificate of service

A contract officer shall, and any other civil servant in category 1,2 or 3 shall if he so request and a civil servant in category 4 with long and meritorious service may’ if he so requests and if the Head of Department think fit, be-furnished with a Certificate of Service on the prescribed form on leaving the Civil Service.

PART 9Savings

79.    Saving

Notwithstanding the provisions of these regulations as regards as the procedure to be followed in termination of appointment or dismissal from the Civil Service;

the State Government shall have the right to dismiss or terminate the appointment of any civil servant in accordance with the prevailing conditions of termination and dismissal as stipulated in the Lagos State Civil Service Rules.

80.    Matter initiated and instructions issued before the commencement of these regulations

When, in respect of any matter to which these regulations relate, action was initiated before the commencement of these regulations under the provisions of the regulations’ such further action as may be required-under the provisions of these regulations shall be taken as if the action taken before the commencement of these regulations had been taken under and in accordance with the provisions of these regulations and written instructions issued by the Commission relating to any matter for which provision may be made under these regulations, shall in so far as they are not inconsistent with the Law or these regulations, have effect as if issued under these regulations, and may be amended or revoked accordingly.

81.    Revocation

The Lagos State Public Service Commission Regulations made as Schedules I and 2 under the repealed Public Service Commission (Proceedings, Protection and Privileges) Law of Lagos State of Nigeria are hereby revoked’

SCHEDULE

Officers to whom Powers delegated

I.       All Heads of Departments

Powers Delegated

(a)     To appoint persons (other than who has been convicted of a criminal offence or whom has previously been employed in any public service in the Federation and been dismissed or called upon to resign or been compulsory retired therefrom) to hold public office in the State Civil Service in Categories 4 and 3; the power to appoint as conferred above including power to make appointments on promotion but excluding transfer and secondment.

(b)     To confirm probationary appointments in categories 3 and 4 and also to extend or terminate same in respect of categories 3 and 4′

(c)     To dismiss and exercise disciplinary control over civil servants in category 3 who have not been confirmed in a pensionable office and civil servants in category 4.

(d)     To suspend from duties for a period not exceeding two weeks an civil servant in category 2 or 3 whose basic salary does not exceed N8,062 per annum.

(e)     To interdict from duty any civil servant in category 3 or 4′

Special Conditions

(a) (i) Appointments to Grade Level 05-07 shall be by the Department Staff Board on which the Commission and the Ministry of Employment and Civil Service Matters shall serve’

(ii)     Promotion to Grade Levels 05-07 sha1l be in accordance with regulation 15.

(iii)    Application for transfer or secondments to State Civil Service shall be considered for approval or otherwise by the Commission’

(b)     Copy of letter of confirmation extension or termination issued to the officer shall be sent to the Commission’

(c)     Details of disciplinary action taken must be reported to the commission.

(d)     whenever this power is exercised in respect of categories 2 and 3 a report shall be made by the Head of Departmental staff Board through the Head of Department to the Commission within seventy-two hours after such suspension.

(e)     Whenever this power is exercised

2.       Any civil servant holding or acting in an office not graded below salary grade level 09 which the Head of Department may by writing designate for the purpose either generally or in respect of any particular class of public office; the expression “Head of Department” as used above meaning the Head of Department in respect of which the powers delegated in the second Column.

(b)     Opposite hereto are to be exercised.

(a)     To appoint person (other than a person who has been convicted of a criminal offence or who has previously been employed in any public service in the Federation and has been dismissed or called upon t6 resign or been compulsorily retired therefrom) to hold public offices in the State Civil Service in Grade Levels 01-04′

(b)     The power to appoint as conferred above including power to make appointments on promotion; to dismiss and exercise disciplinary control over civil servants in Grade Levels 01 to 04; the Commission shall be informed within seventy-two hours.

Subject to the provisions of regulation 15 in the case of promotion these powers shall be exercised in accordance with such general or special direction as the Head of Department may give from time to time and their delegation to any public officer other than the Head of Department shall not preclude their exercise by the Department.

LAGOS STATE CIVIL SERVICE, COMMISSION LAW

SUBSIDIARY LEGISLATION No Subsidiary Legislation

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