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2007 Assessment

Nigeria: Integrity Indicators Scorecard

Nigeria: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	50
42	Is the law governing the administration and civil service effective?	39
43	Are there regulations addressing conflicts of interest for civil servants?	25
44	Can citizens access the asset disclosure records of senior civil servants?	0

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments: These sections say there should be a federal civil service that can delegate its powers with the consent of the president, but they mention nothing about its independence. Section 169 of the constitution says there must be a Federal Civil Service. Section 170 establishes a Federal Civil Service Commission, which, with the approval of the president, can delegate its power to any of its members or officers of the Federal Civil Service.

References: Section 169-170, Constitution of the Federal Republic of Nigeria, 1999

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments:

References: 1. Part 11, Sections 2 & 3 of the Federal Republic of Nigeria Guidelines for Appointments, Promotion and Discipline, 2004

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments: These rules say that appeals should be made to the head of Service or the Federal Civil Service Comission, routing it through your immediate supervisor regarding civil service management actions. They are silent on appeals.

References: 1. Chapter 11, Sections 11101, 11102, & 11104 of the Federal Government Public Service Rules, 2000 2. Part V1, Guidelines for Appointments, Promotions, and Discipline, 2004

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments: No such rules exist in the civil service rules . The above mentioned sections state grounds for disqualification for running for elective offices.

References: Sections 107, 137, and 182 of 1999 Federal Constitution of Nigeria.

Peer Review Comments: See Section 107, CAP 105, LFN, 1990. This section provides for the disqualification of any candidate seeking electoral office for certain corrupt practices. This section specifically states in S.107(b) that provides interalia : Bar candidates for being elected on this act or if elected before conviction, from retaining the office to which he was elected.

Under this, the conviction for corruption is regraded as criminal. See S.106(1&2) a-b.

Peer Review Comments: There is a provision that ex-convicts can't seek election to public office.

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments: Civil servants are commonly influenced by political and personal motivations. The ruling party has tremendous influence in what happens in the federal service, in terms of appointments, executive actions and other management decisions. Recourse can be obtained in courts, but this is not a very popular option because of the fear of being victimized.

References: 1. Kehinde Isiaku, CSO liaison officer, National Orientation Agency, Telephone Interview, Sept. 11, 2007; 2. Essienawan Essien, National Security Agency, Cyber crime working group, Telephone interview, Sept. 11, 2007

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments: Appointments to the Federal Civil Service are made mostly on cronyism and based on connections of families, loyalties of friendship, and other socio-cultural factors. It is hardly an open and fair process of recruitment.

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments: These are discouraged, but there a a lot of instances where appointments and promotions are unfairly done.

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments: Civil servants generally have clear job descriptions. The only challenge is that of redundancy by many staff.

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments: The bonuses constitute a small fraction of the substantive pay, which can be broken down into different categories.

Peer Review Comments: At times, receiving awarded bonuses can be an uphill task and those iin charge of payment may have to be bribed before a bonus is paid. This breeds frustration on the part of legitimate public servants.

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments: This rarely happens.

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: The appeal mechanisms are rarely effective. The federal civil servants have little faith in them, as they are very susceptible to outside influence.

Peer Review Comments: It is rare for the appeal mechanism to produce a concrete result.

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments: In the period under review, they have been constantly paid eight to 10 days late.

Peer Review Comments: Some civil servants receive their pay a month or more later than promised. The state and local governments are the worst culprits in this regard, in particular those employing teachers.

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments: The system is not effective. In fact, there are no effective mechanisms in place to ensure this. Also the level of convictions for corruption charges is very low in the civil service.

Peer Review Comments: There is provision under the Electoral Act OF 19190 LFN CAP 106 & 107 preventing this. For instance the ongoing allegation at the tribunal of Governor Alao Akala of Oyo State, who was alleged to have been dismissed from the Nigerian Police force, and Governor Agagu Olusegun of Ondo whose elctoral result is challenged before the Electoral Court. One of the contentions at the tribunal is his indictment for the emblezzlemt of three billion naira (US$25,415,114) when he was Power and Steel Minister in 1998. Though neither have been removed to date, the court has admitted the evidence as grounds for disqualification.

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments:

References: There are no rules.

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: This regulation only exists for the president, vice president, chief justice, governor and deputy governor.

References: Section 5, Fifth Schedule, Part 1, 1999 Federal Constitution

Peer Review Comments: The section of the law only refers to Public Officers like the President,Vice President, Chief Justice, Governor and Deputy Governor NOT civil servants. There is no restrictions on civil servants in that regard.

Peer Review Comments: I am not aware that these regulations are being enforced. Even the current president is now doing work with the private sector.

Peer Review Comments: There are no restrictions. In fact, trainings are conducted to prepare civil servants for private sector or self-employment after leaving the civil service.

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments: This section tries to restrict public officers from accepting gifts. The implementation of this section is very poor, because the task is left for the Code of Conduct Bureau, which is severely under-funded, thus weak in implementation.

References: 1. Code of Conduct for Public Officers, Section 6, Fifth Schedule of Nigeria's 1999 Federal Constitution

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments: This regulation only exists for the president, vice president, chief justice, governor and deputy governor. There are rarely enforced by the Code of Conduct Bureau. These mentioned individuals rarely take jobs in companies, but form their own companies. They do not take active participation in the runnings of these companies, but remain in politics to be able to influence policies.

Peer Review Comments: I am not aware that these regulations are being enforced. Even the current president is now doing work with the private sector.

Peer Review Comments: Such regulation doesn't exist.

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments: The provision is rarely enforced or even monitored. Civil servants routinely violate this provision, without any repercussions.

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments: These regulations are not there, although few officials try to comply. Though this is not very common in place.

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments:

References: They cannot be accessed.

Peer Review Comments: There is no legal provision requiring asset disclosure from senior civil servants and the official secrets act still holds sway.

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments: These records cannot be accessed.

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments: These records cannot be accessed.