Chapter VI, The Executive Part II, C – The Public Service of State

Chapter VI, Part II – State Executive

C – The Public Service of a State

206. There shall be for each State of the Federation a Civil Service.

207. Subject to the provisions of this Constitution, a State Civil Service 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 Constitution to any of its members or to any officer in the civil service of the State.

208. (1) Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the Governor of the State.

(2) The offices to which this section applies are, namely –

(a) Secretary to the Government of the State;

(b) Head of the Civil Service of the State;

(c) Permanent Secretary or other chief executive in any Ministry or Department of the Government of the State howsoever designated; and

(d) any office on the personal staff of the Governor.

(3) An appointment to the office of the Head of the Civil Service of a State shall not be made except from among Permanent Secretaries or equivalent rank in the civil service of any State or of the Federation.

(4) In exercising his powers of appointment under this section, the Governor shall have regard to the diversity of the people within the state and the need to promote national unity.

(5) Any appointment made pursuant to paragraphs (a) and (d) of subsection (2) of this section shall be at the pleasure of the Governor and shall cease when the Governor ceases to hold office:

Provided that where a person has been appointed from a public service of the Federation or a State, he shall be entitled to return to the public service of the Federation or of the State when the Governor ceases to hold office.

209. A person in the public service of a State shall observe and conform to the Code of Conduct.

210. (1) Subject to the provisions of subsection (2) of this section, the right of a person in the public service of a State to receive pension or gratuity shall be regulated by law.

(2) Any benefit to which a person is entitled in accordance with or under such law as is referred to in subsection (1) of this section shall not be withheld or altered to his disadvantage except to such extent as is permissible under any law, including the Code of Conduct.

(3) Pensions shall be reviewed every five years or together with any state civil service salary reviews, whichever is earlier.

(4) Pensions in respect of service in the service of a State shall not be taxed

 

211. (1) The Attorney General of a state shall have power

(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria other than a court-martial in respect of any offence created by or under any law of the House of Assembly;

(b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and

(c) to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.

(2) The powers conferred upon the Attorney-General of a state under subsection 1 of this section may be exercised b him in person or through officers of his department.

(3) In exercising his powers under this section, the attorney-General of a state shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process

 

212. (1) The Governor may –

(a) Grant any person concerned with or convicted of any offence created by any law of a state a pardon, either free or subject to lawful conditions;

(b) grant to any person a respite, of the execution of any punishment imposed on that person for such an offence;

(c) substitute a less severe form of punishment for any person for such an offence; or

(d) remit the whole or any part of punishment for any punishment imposed on that person for such any offence or of any penalty forfeiture otherwise due to the state on account of such an offence.

(2) The powers of the governor under subsection (1)of this section shall be exercised by him after consultation with such advisory council of the state on prerogative of mercy as may be established by law of the State.