Regularising Consultant-Engaged Project Staff

Conclusion: The Commission should not grant blanket regularization.

Reasons:

• The FCSC is the body empowered to appoint into the federal civil service; a ministry cannot convert consultant-engaged staff into permanent civil servants by writing to the Commission.
• The engagement was not through a Commission-advertised vacancy. A six-day, website-only notice does not meet the requirement of adequate publicity or give all eligible Nigerians a fair chance.
• Nine persons lack the NYSC discharge or exemption certificate, and seven lack a qualification recognised by the ministry's own scheme of service for GL 08. They are ineligible on the face of the papers.
• Four applications were received after the closing date. 'Continuity' cannot cure late applications or bypass eligibility rules.
• The consultant's contract has no transfer clause, so it confers no civil-service status.

What the Commission should do: Reject the regularization request in writing, state the defects, and remind the ministry that temporary or project service does not create permanence. The 42 may apply in a lawful recruitment exercise if they meet the requirements, but their temporary service should count only as relevant experience, not as an appointment.

1. Confirm the vacancy and establishment position. The ministry must forward the approved establishment warrant and the 40 GL 08 vacancies; the Commission should not act on an oral or 'urgent' request.
2. Advertise properly. Place the vacancy in national newspapers and on the Commission's official portal for the stipulated period, with clear eligibility criteria, closing date and method of application.
3. Screen all applicants on equal terms. The 42 serving persons may apply, but they must sit the same screening and interview as everyone else. Their current duties do not replace certificates or NYSC status.
4. Verify documents. Check NYSC certificates, degrees/HND/OND, scheme-of-service equivalence, age and application date. Refer doubtful certificates to the issuing institutions.
5. Apply merit and federal character. Rank candidates by performance and ensure the recruitment reflects the federal character principle; record how decisions were reached.
6. Appoint only successful candidates. Issue appointment letters through the Commission, not the ministry or consultant. Place unsuccessful applicants on a reserve list only if the rules permit.

This sequence protects the Commission's authority, gives the petitioners a fair process and avoids validating an irregular appointment.

The Commission should acknowledge the petitions in writing and treat them as complaints about the recruitment process, not as evidence that the petitioners must be appointed. It should investigate the six-day website advert and the failure to advertise through the Commission, and record the findings. The petitioners should be told that the vacancy will be re-advertised lawfully and that they may apply again if eligible. The unions should be assured that the Commission will not regularize staff outside the rules and that the lawful process will be open and merit-based. The Commission should avoid promising jobs to any group, because that would itself create an expectation outside the rules. If the investigation shows that the ministry deliberately evaded the Commission, the matter should be referred to the appropriate authority for administrative action. The key is transparency: publish the corrected advert, keep a register of applications and complaints, and give reasons for decisions without disclosing personal data.