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About two months after both chambers of the National Assembly passed a bill elongating the tenure of service for staff of the parliament from 60 to 65 years, aggrieved staff have petitioned President Bola Tinubu to veto the bill.
In a letter addressed to President Tinubu, a copy of the letter was also sent to the Minister of Justice and Attorney General of the Federation (AGF), the staff argued that “the bill in its current form poses significant constitutional bottlenecks and raises concerns about opacity in the legislative process.”
Writing on behalf of the aggrieved staff, legal adviser to Foundation for Rights Enforcement Enlightenment and Defence, Akobo Teinye Tonbo Seddon, noted that the “provisions of the bill seeking to extend the tenure of the clerk beyond the established retirement age undermine the principles of fairness, equity and justice and will set a dangerous precedent, potentially leading to a culture of tenure elongation for other public officials, hereby compromising the integrity of our democratic institutions.”
The petitioners further argued that the bill violates the clear provisions of the constitution, which establish the National Assembly and defined the terms and conditions of service for its officials.
“Specifically, Section 51 of the constitution states that there shall be a clerk to the National Assembly and such other staff as may be prescribed by an Act of the National Assembly, and the method of appointment of the clerk and other staff of the National Assembly shall be as prescribed by that Act.
“Therefore, the Clerk of the National Assembly is a creation of the constitution, a constitutional office holder, and terms and conditions of service, including the retirement age as specified in the constitution.
“Any change to this terms and condition will require a constitutional amendment as outlined in Section 9 of the constitution.
“The National Assembly can legislate on matters related to the administration of the National Assembly, but cannot unilaterally alter the constitutional provisions relating to the clerk’s service years without following the proper procedure of constitutional amendment.
“The bill extending the retirement age of National Assembly staff from 60 to 65 years may potentially violate several sections of the Nigerian constitution, including Section 1 (1). The constitution is the supreme law of the land, and any law inconsistent with its provisions shall be void. This bill is seen as discriminatory or violating fundamental rights.
“Section 14 (1)(b) also guarantees the right to equality and prohibits discrimination based on age. This bill may be seen as discriminatory against younger Nigerians.
“Section 17(1) of the constitution aims to promote social justice, equality, and fairness. The bill may be seen as perpetrating inequality and unfairness by favouring existing employees over new entrants, favouring a particular geopolitical zone against others.
“Section 22 of the constitution guarantees the right to freedom from discrimination, including age. Section 34 of the constitution protects the right to freedom from forced labour as extending the retirement age may be seen as coercing employees to work beyond their desired retirement age.
“Section 42(1) of the constitution prohibits discrimination based on age, among other factors, and guarantees equal opportunities to all citizens.
“Section 318 of this section defines public service of the federation and lists the category of persons considered to be in the public service of the federation, including the National Assembly and its staff.”
Arguing further, the petitioners told President Tinubu that “the bill violates the principles of separation of powers and checks and balances, as the legislative arm is seen as over stepping its bound and encroaching on the powers of the executive arm as against the position of the National Council of Establishment, whose role is to review the condition of service of the public service in conjunction with the Head of Service of the Federation.
“This bill is a special interest bill, sponsored and lobbied by the National Assembly management under the current leadership of the clerk, who is due to retire by November 2024. This bill is self-serving, wasteful, a pork barrel legislation that provides benefits to the clerk of the National Assembly at the expense of the welfare and productivity of the staff of the National Assembly and the public at large.
“Mr. President, the current clerk has used this office to dominate and entrench the interest of a particular set of people. Our fear that this bill will help to consolidate his grip and entrench their narrow interest as against the generality of the staff.
“Mr. President, we urge you to consider the long-term implications of signing this bill. We employ you to uphold the constitution, respect the rule of law, and prioritise transparency and accountability in achieving the Renewed Hope Agenda of your administration.
“We respectfully request that you decline to sign the tenure elongation bill for the clerk and staff of the National Assembly. Ensure that any future legislation adheres to the constitution and follow the proper amendment process. Prioritise transparency and accountability in all aspects of governance.”
