The National Industrial Court has ruled that the National Assembly Service Commission wrongly attempted to retire Dr. Christopher Vershima Ashekaabefore the lawful date.
Delivering judgment in Abuja, the Court’s President, Justice Benedict Kanyip, held that Dr. Ashekaa is due for compulsory retirement on 1 January 2026, not 1 January 2025, as stated in the retirement letter issued to him.
Justice Kanyip clarified that under the Revised Public Service Rules (2021), the 8-year tenure policy for Directors must be calculated from the date the officer fully assumes the post with complete financial benefits. He said the notional promotion date of 1 January 2017 could not be used for this purpose.
The Court therefore set aside the Commission’s retirement letter dated 8 October 2024 and restrained both the Commission and the Clerk to the National Assembly from retiring Dr. Ashekaa before 1 January 2026.
Dr. Ashekaa told the Court that although his promotion letter to Director was issued on 3 July 2018, it was backdated to 1 January 2017. However, he began receiving financial benefits only on 1 January 2018. He argued that the 8-year tenure should run from the date he started earning full benefits.
He maintained that the Public Service Rules require the “actual promotion date” — meaning the date financial benefits commence — to be used for tenure calculations.
In defence, the National Assembly Service Commission said promotions entail more than financial benefits and include seniority and privilege. It argued that Dr. Ashekaa had enjoyed benefits linked to the notional promotion and should therefore not reject the corresponding retirement calculation.
The Clerk to the National Assembly further argued that tenure should be calculated using the “cumulative years” the office is deemed to have run, including the notional period, insisting that the decision to retire him was neither targeted nor malicious.
However, counsel to Dr. Ashekaa argued that the Commission provided no evidence that he enjoyed any real benefits from the notional period.
Justice Kanyip agreed, stating that the 8-year rule applies only to Directors who have actually spent eight full years in the post with full financial benefits. He added that notional promotions without financial entitlements cannot be deemed as full assumption of duty.
The Court also ruled that if an employer wishes to count a notional promotion period toward the 8-year tenure, it must pay all salaries and allowances accruing to the post for that entire period.
