Overturning Civil Service Guideline 020909
The defence had sought to validate the forced retirements by depending on Guideline 020909 of the general public Service Rules, which manages period caps for top-tier directorates.
However, the court ruled that Section 3 of the 2022 Act explicitly grants instructors an absolute exemption from any civil service guideline that mandates retirement before the 65/40 statutory limit.
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Significantly, Justice Anuwe noted that the term “teacher” as codified within the Act clearly includes designated Education Officers.
“A Teacher or Education Officer, whether he or she got to the post of Director or not, is entitled to retire from service on achieving 65 years of age or 40 years of service,” the judge stated, keeping in mind that an eight-year directorial stay is no longer a legitimate retirement condition.
Continuous Injunction Issued Against Executive Arms
The court even more revealed a significant internal contradiction in the federal government’s stance, pointing out a 2025 correspondence wherein the Workplace of the Head of the Civil Service of the Federation had actually previously acknowledged that the Teachers’ Act lawfully superseded the period policy.
As A Result, Justice Anuwe declared the OHCSF circular dated February 10, 2026, together with the Ministry of Education circulars dated February 24 and 26, 2026, prohibited, null, void, and of no effect.
The court approved a continuous injunction restraining the Federal government and the Ministry of Education from imposing the eight-year period policy against qualified education officers, directing each party to bear their respective legal expenses.
The ruling successfully stabilises the senior leadership cadre throughout federal education departments and agencies nationwide.