Section 169, 170 and 171 of the 1999 Constitution: Establishment of the Civil Service of the Federation

Civil Service

The 1999 Constitution

Section 169

There shall be a civil service of the Federation.

(This section establishes the Civil Service.)


Section 170

Subject to the provisions of this Constitution, the Federal Civil Service Commission may, with the approval
of the President 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 Federation.

(The Federal Civil Service Commission has the power to delegate any of the powers which it has been been given by the Constitution to any of its member or any of its officers that are in the civil service but such delegation has to be in line with the contents of the Constitution and also be approved by the President.)


Section 171 (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 President.

(The President shall have the power to appoint people to hold or act in office(s) which will be mentioned in the sub sections of this section and also the power to remove them.)


Section 171 (2)

The offices to which this section applies are, namely –

(The offices that this section is referring to are; )

Section 171 (2)(a – e)

(a) Secretary to the Government of the Federation;
(b) Head of the Civil Service of the Federation;
(c) Ambassador, High Commissioner or other Principal Representative of Nigeria abroad;
(d) Permanent Secretary in any Ministry or Head of any Extra-Ministerial Department of the Government of the Federation howsoever designated; and
(e) any office on the personal staff of the President.

(The offices which the President has the power to appoint people to as mentioned in this section are;

1. Secretary to the Government of the Federation;

2. Head of the Civil Service of the Federation;

3. Ambassador, High Commissioner or other Principal Representative of Nigeria abroad;

4. Permanent Secretary in any Ministry or Head of any Extra-Ministerial Department of the Government of the Federation howsoever designated; and

5. Any office on the personal staff of the President.)


Section 171 (3)

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

(For a person to be appointed to the office of the Head of the Civil Service of the Federation, such person has to be one of the Permanent Secretaries or of a rank which is equivalent in the civil service of the Federation or civil service of a State.)


Section 171 (4)

An appointment to the office of Ambassador, High Commissioner or other Principal Representative of
Nigeria abroad shall not have effect unless the appointment is confirmed by the Senate.

(An appointment to the office of Ambassador, High Commissioner or other Principal Representative of Nigeria abroad made by the Federal Civil Service Commission will not take effect unless and until such appointment is confirmed by the Senate.)


Section 171 (5)

In exercising his powers of appointment under this section, the President shall have regard to the federal
character of Nigeria and the need to promote national unity.

(When the President exercises his power of appointment under this section, he shall bear in mind and consider Federal Character of Nigeria and also the importance of promoting national unity.)


Section 171 (6)

Any appointment made pursuant to paragraphs (a) and (e) of subsection (2) of this section shall be at the
pleasure of the President and shall cease when the President ceases to hold office;

(The appointments to offices which have been listed out in sub section 2 (a-e) of this section are to done at the President’s instance and will cease when the President no longer holds 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 President ceases to hold office.

(In situations where a person appointed by the President to fill the offices mentioned in sub section 2 (a-e) of this section was so appointed from a public service of the Federation or a State and due to the President ceasing to hold office, such appointment to such offices have ceased as well, the person(s) has the privilege of returning to the public service of the Federation or State he was appointed from.)

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