Published 6th Feb, 2025

By Timileyin Akinmoyeje

On December 31, 2024, a Kano State Governor Abba Kabir Yusuf executive order extended the service period of key public servants by two years, effective immediately.

This decision affected the Head of Civil Service, the Assembly Clerk, selected Permanent Secretaries and certain judicial officers due to retire under the Public Service Rules and Kano State Pension Trustees Fund Law.

Reacting to this decision, a group of lawyers led by Usman Dan Abdullo argued that the governor’s actions were illegal. Abdullo, in his letter to the Kano State House of Assembly, had argued that the governor’s unilateral action to extend service without a corresponding law enacted by the legislature undermined the separation of powers in government.

However, according to the statement published by the governor’s spokesperson in December, Yusuf’s actions align with Section 5(2) of the constitution which grants him executive powers over administration in the state

In addition, he referred to Section 208, which states that appointments made by the governor are at his pleasure and cease when he leaves office. According to him, this meant that decisions regarding service continuation fell within his executive prerogative.

But how much leeway does the law grant a governor?

WHAT DOES THE LAW REALLY SAY?

Despite the governor’s reliance on select sections of the constitution, his authority is not absolute. The very language of Section 5(2) is tempered by the condition that all executive actions remain “subject to the provisions of any law made by a House of Assembly”.

This means that any alteration to established employment conditions must comply with statutory laws. In this context, the Public Service Rules are clear:

“No public servant shall be allowed to remain in service beyond the age of 60 years or after completing 35 years of service, whichever comes first.”

This rule sets non-negotiable retirement benchmarks for civil servants. Altering fundamental employment conditions — such as the retirement age — cannot be done unilaterally through an executive order. Instead, it requires legislative backing to amend these statutory provisions.

Further reinforcing this interpretation is the judicial precedent set in Attorney General of Bendel State vs. Attorney General of the Federation (1982). In that case, the Supreme Court ruled that any state law or executive action conflicting with the Constitution is void.

This decision would suggest the principle that executive actions must not undermine statutory mandates. Yusuf’s extension could be deemed invalid if it contravenes the Public Service Rules.

LAWMAKERS BACK GOVERNOR

According to a Daily Post report on Thursday, the Kano State House of Assembly backed the governor’s decision to extend the service years of any civil servant who has exceeded 60 years of age or 35 years of service, as provided for in the civil service regulations.

Kamaluddin Sani Shawai, the Assembly Public Relations Secretary, explained that the protests by civil organisations including Abdullo’s, “would not change the government’s stance”.

On January 6, Usman Dan Abdullo had written to the Assembly, urging it to take action against Yusuf’s decision.

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