The 1999 Constitution

Section 206

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

(Every state in Nigeria will have a Civil Service.)

Section 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.

(Each State has a State Civil Service Commission and that Commission has the power to delegate i.e. give someone the authority to act on their behalf, any of the powers which the 1999 Constitution has given it to any of its members or any officer in the civil service of that State. However, such power to delegate must be done with the approval of the Governor of that State and whatever conditions the Civil Service Commission may decide to give.)

Section 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.

(This section has given the Governor of a State the power to appoint persons to hold an office or an in an official capacity and remove persons appointed regarding offices which this section of the Constitution is talking about.)

Section 208 (2)

The offices to which this section applies are, namely –

(The offices which sub section 1 of this section 208 is referring to are below; )

Section 208 (2)(a)

Secretary to the Government of the State;

(Office of the Secretary to the Government of the State; )

Section 208 (2)(b)

Head of the Civil Service of the State;

(The Head of the Civil Service of the State. i.e. the person who will be in charge of the Civil Service in a State.)

Section 208 (2)(c)

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

(Permanent Secretary or other Chief Executives in any Ministry or Department of the Government of the State, however such offices are designated i.e. assigned; )

Section 208 (2)(d)

any office on the personal staff of the Governor.

(Any office which has to do with the personal staff of the Governor.)

(These offices mentioned in sub section 208 (2) (a-d) are the offices which the Governor of a State has the power to appoint people into or to act as or to remove from.)

Section 208 (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.

(For a person to be appointed as the Head of the Civil Service of a State, such person must be among the ranks of Permanent Secretaries or an equivalent of a Permanent Secretary in the Civil Service of any State or of the Federation. i.e. the person must have attained the rank of at least a Permanent Secretary or a rank equal to a Permanent Secretary either in the State or the Federation.)

Section 208 (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.

(When the Governor of a State wants to appoint persons into offices as stated in this Section 208 of the Constitution, the Governor must consider the diversity of people within the State as well as the need to promote national unity.)

Section 208 (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:

(Appointments which have been made by the Governor of a State into offices mentioned in section 208 sub section 2 (a-d) are at the pleasure of the Governor and their tenure in such offices shall end once the Governor of that State is no longer in 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.

(On the condition that in a situation where a person has been appointed from the Public Service of the Federation or State, such person so appointed can go back to the public service of the Federation or of the State once the Governor that appointed him no longer holds office.)

Section 209

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

(A person who is in the Public Service of a State must observe and obey the provisions of the Code of Conduct.)

Compare with Civil Service of the Federation