TEACHING SERVICE COMMISSION
EDICT No. 4 of 1975
Supplement to South-Eastern State of Nigeria Extraordinary Gazette No 7, Vol. 8, dated
12th February, 1975 -Part A
EDICT No. 4 of 1975
From His Excellency
The Military Governor CALABAR
TEACHING SERVICE COMMISSION EDICT 1975
[ist April, 19741 Commence-
THE MILITARY GOVERNOR OF THE SOUTH-EASTERN
STATE OF NIGERIA hereby makes the following-
i. (i) There is hereby established a body to be known as the Teaching Establish-
Service Commission (hereafter in this Edict referred to as "the Cor- ment and
mission"), status of the
(2) The Commission shall be a body independent of the Ministry and Service
the relevant School Board and shall have the status of an extra-Ministerial Commission.
(3) The provisions of the schedule to this Edict shall have effect with
respect to the procedure of the Commission and to other matters therein
2. The Commission shall consist of a Chairman and not less than two Composition
or more than four other members to be appointed by the Military Governor. of the Com-
3. (i) The Commission shall, in respect of teachers, have, exercise Functions of
and enjoy the like functions and immunities as the Public Service Cor- the Com-
mission of the State has, exercises and enjoys in respect of the public mission.
service of the State.
(2) Without prejudice to the generality of subsection (i) of this
section, the functions of the Commission shall be-
(a) to appoint persons to hold or act in offices in the teaching service
of the State (including the power of appointment on promotion,
confirmation of appointment, promotion, posting, transfer, second-
ment to any other teaching service in Nigeria, dismissal or any
other disciplinary control over any person holding or acting in
(b) to exercise disciplinary control over teachers for acts of profes-
sional misconduct as defined in the Teachers (Disciplinary Pro-
visions) Regulations 1961;
(c) to hold such inquiries into allegations of misconduct against
teachers as may from time to time be referred to it by the Com-
A 4 S.E.S. EDICT No. 4 of 1975 Teaching Service
(3) In the exercise or performance of the powers or functions to be
exercised or performed by the Commission under paragraphs (a), (b) or (c)
of this subsection, the Commission shall keep the Military Governor
informed of all appointments and promotions of teachers on salary scale A
and above and of all disciplinary measures taken against them.
Delegation 4. (I) The Commission may appoint committees consisting of only
of functions its own members and may delegate to them all or any of the functions of the
of the Com- Commission:
committees. Provided that no decision of such committees shall have effect until
confirmed by the Commission.
(2) Notwithstanding any delegation under the provisions of sub-
section (i) of this section, the Commission may itself perform any or all of
Secretary to 5. There shall be a Secretary to the Commission to be nominated by
the Commis- the Secretary to the Military Government and the Secretary shall be
sion and his
functions. responsible for the day to day administration of the affairs of the Com-
mission (including the financial affairs of the Commission).
Staff of the 6. (I) The staff of the Commission shall be drawn from the public
and their service of the State as may be deployed by the Secretary to the Military
(2) The number and category of staff to be so deployed shall be
subject to the prior approval of the Executive Council.
Provisions 7. The functions of the Commission by virtue of section 3 (2) (a) of
relating to this Edict shall, for the avoidance of doubt, not apply to the administrative
the aoffmis- staff and such staff as are not in the teaching service, but who are posted to
sion other the Commission by the Secretary to the Military Government.
than those in
Provisions 8. (I) There is hereby introduced a unified teaching service which
relating to shall be a scheduled service embracing all certificated and graduate
teachSie teachers in any public school or other educational institution functioning
service, under any written law in force in the State.
(2) Any distinction whatsoever existing between teachers in the
public service and in the service of a voluntary agency or other service
shall cease so to exist; accordingly, all teachers who, prior to the com-
mencement of this Edict, were teachers in the public service of the State,
teachers in the service of any voluntary agency, or in any other service or in
schools controlled by a school board, shall become members of the State
teaching service under the provisions of this Edict.
(3) Members of the teaching service shall be entitled to enjoy con-
ditions of service not less favourable than those to which, prior to the
commencement of this Edict, teachers in the former service, Education
Officers or Education Assistants in the public service of the State were
(4) For the purposes of subsection (3) of this section, "conditions of
service" shall include the right to gratuities, pensions and other benefits
arising from the retirement of any persons to whom this section applies, and
the power to grant the same is hereby transferred to the Commission.
Teaching Service S.E.S. EDICT No. 4 of 1975 A 5
(5) Without prejudice to their conditions of service, all teachers,
Education Officers or Education Assistants in the former service are, with
effect from the commencement of this Edict, deemed to be seconded to the
State teaching service.
9. (i) The Commission may require any teacher or other person to Power of the
whom this Edict applies to attend and give evidence before it concerning Commission
matters which it is required to consider in the performance of its functions attendance.
not being privileged matters and may require the production of any official
documents relating to such matters; and unless they are privileged, such
teacher or other person shall ensure that all such relevant documents are
(2) Any teacher or other person as above referred to who without
reasonable excuse fails to appear before the Commission when notified to
do so, or who fails to comply with any request lawfully and properly made
by the Commission, shall be guilty of a breach of discipline.
zo. Any report, statement or other communication or record of any Communica-
inquiry or proceeding which the Commission or any member thereof may tion of
make in pursuance of the Commission's functions, shall be privileged and privileged.
its production shall not be compelled in any legal proceedings if the
Military Governor certifies that such production is not in the public
zI. (I) The Commissioner shall have power after consultation with Power of the
the Executive Council, to make regulations generally for the purposes of Commis-
this Edict. sooner to
(2) In particular, and without prejudice to the generality of subsection regulations.
(I) of this section, the Commissioner shall have power to prescribe detailed
conditions of service for teachers.
12. (I) Within a period of one year after the making of this Edict, the Provisions
Commission shall offer, to every person deemed to be seconded from the relating to
former service, to the teaching service (hereafter in this Edict referred to as employment
4 of persons in
seconded staff") employment upon such terms and conditions as may be the former
prescribed under section 1 (2) of this Edict. service to
(2) Any seconded staff who fails within the period aforesaid to accept serve chic ng
in writing an offer made to him by the Commission in accordance with this
section shall be deemed to have refused such offer.
(3) If a seconded staff refuses an offer of employment made to him by
the Commission in pursuance of this section, the obligation imposed by
subsection (I) of this section to employ the seconded staff shall thereupon
(4) When a seconded staff accepts an offer of employment made in
pursuance of this section, his service with the Commission shall be deemed
to have commenced, and his former service to have ceased, upon the ex-
piration of the said period of one year.
13. (I) Subject to this Edict the quorum and procedure of any body Quorum and
of persons established by or under this Edict shall be such as may be procedure
determined by that body. of bodied
(2) Any body of persons established by or under this Edict may act by or under
notwithstanding any vacancy in its membership, any defect in the appoint- this Edict.
ment of a member or the absence of any member.
A 6 S.E.S. EDICT No. 4 of 1975 Teaching Service
Legal 14. The Commission may sue or be sued in that name in respect of
represen- any right or obligation arising from anything done or omitted to be done by
station. the Commission in pursuance or the provisions of this Edict, and the
Commission shall be represented by the Chairman or any other member
or officer of the Commission authorized by the Commission in writing to
represent the Commission.
Service of 15. Service upon the Commission of any notice, order or other
process. process may be effected by delivering it or sending it by registered post to
the Chairman of the Commission.
Validation. 16. Any act or omission done or made by the Commission prior to the
making of this Edict pursuant to or in purported exercise of any powers
conferred on it by law or otherwise in respect of appointment, promotion,
transfer, confirmation of appointment, dismissal or the exercise of disci-
plinary control over persons in the State teaching service shall be deemed
to have been a valid act or omission, accordingly, the Commission shall not
be liable in law for any such act or omission.
Interpreta- 17. In this Edict, unless the context otherwise provides-
"certificated teacher" means a teacher holding a valid teacher's certificate
or any other certificate recognized or issued by the Commissioner;
"Commissioner" means the Commissioner charged with responsibility for
"functions" includes powers and duties;
"former service" means any service to which a teacher belonged prior to
the introduction by this Edict of the teaching service;
"graduate teacher" means a teacher who holds a degree or an equivalent
qualification conferred or granted by a university or any other educa-
tional institution recognized in that behalf by the Commissioner;
"Ministry" means the Ministry charged with responsibility for education;
"School Board" means the State School Board, or as the case may be, a
Divisional School Board;
"public school" or "public institution" means any primary school, second-
ary school, Grade II teacher training college, commercial secondary
school, technical school, trade centre or handicrafts centre which is
wholly or partly maintained out of public funds directly controlled and
administered by a Board established by or under any written law on
education in force in the State;
"State" means the South-Eastern State of Nigeria;
"teaching service" means a scheduled service for all teachers teaching in
public schools or institutions.
Citation and 18. This Edict may be cited as the Teaching Service Commission
commence- Edict 1975 and shall be deemed to have come into force on ist April, 1974.
Teaching Service S.E.S. EDICT No. 4 of 1975 A 7
(Section I (3)
SUPPLEMENTARY PROVISIONS RELATING TO THE COMMISSION
TENURE OF OFFICE
I. (I) A member of the Commission shall hold office for a period of
five years beginning with the date on which he is appointed such a member.
(2) A person shall not be qualified to hold the office of a member of
the Commission if he is not a professional teacher or an eminent educa-
(3) Notwithstanding the provisions of section 2 of the Edict, no
person shall be appointed a member of the Commission who is a member
(a) the Supreme Military Council;
(b) the Federal Executive Council;
(c) the Executive Council of the State;
(d) the Federal Public Service Commission;
(e) the Public Service Commission of any other State in Nigeria;
(f) the Teaching Service Commission of any other State in Nigeria;
(g) the Statutory Corporations Service Commission of Nigeria; or
(h) the Statutory Corporations Service Commission of any other
State in Nigeria.
(4) A member of the Commission may by notice in writing addressed
to the Chairman or other person presiding resign his appointment.
(5) Subject to the provisions of the Edict, a member of the Com-
mission shall vacate his office-
(a) at the expiration of five years from the date of his appointment or
at the expiration of such shorter period as may be set out in the
instrument of his appointment; or
(b) if any circumstances arise that, if he were not a member of the
Commission, would cause him to be disqualified for appointment
as such a member.
(6) A member of the Commission may be removed from office by the
Military Governor for inability to discharge the functions of his office
(whether arising from infirmity of mind or body or any other cause) or for
(7) A person who has been appointed a member of the Commission
shall not thereafter be eligible for appointment to any office in the teaching
service of the State without the prior approval of the Military Governor.
2. Where a vacancy occurs in the membership of the Commission that
vacancy shall be filled by the appointment of a successor to hold office for
the remainder of the term of office of his predecessor.
3. The quorum for a meeting of the Commission shall be two in the
case of a total membership of three, or three in the case of a total member-
ship of five.
A 8 S.E.S. EDICT No. 4 of 1975 Teaching Service
MEETING OF THE COMMISSION
4. (i) The Commission shall meet for the conduct of business at such
times and places as the Chairman may appoint but shall not meet less than
twice in a year.
(2) The Chairman may at any time, and shall at the request in writing
of any other member of the Commission, summon a meeting of the Com-
(3) Particulars of the business to be transacted at any such meeting
shall be circulated to members with the notice of the meeting.
POWERS TO CO-OPT MEMBERS
5. (1) Where the Commission desires to obtain the service of any
person on any particular matter it may co-opt such person as a member of a
meeting whether or not expressly convenend for the purpose of considering
that particular matter.
(2) A co-opted member shall not be entitled to vote nor shall he
count in the determination of the quorum.
QUESTIONS HOW DECIDED
6. (1) Every question put before the Commission at a meeting of the
Commission shall be decided by a majority of the votes of members present
(2) The Chairman shall, at any such meeting have a vote and, in the
case of an equality of votes, shall have a casting vote.
ABSENCE OF CHAIRMAN
7. The Chairman shall preside at all meetings of the Commission, but
where he is absent from a meeting of the Commission, members present
shall elect one of their number to preside threat.
8. (I) The salaries, allowances and other benefits of the Chairman
and other members of the Commission shall be fixed by the Military
Governor at the same rate as those applicable to the Chairman and other
members of the Public Service Commission of the State.
(2) Where at the time of his appointment to the Commission a
member is entitled to the benefits of the Pensions Law as a pensionable
officer of any of the public services in Nigeria or of the teaching service,
those benefits shall continue to apply as if the person concerned had not
been so appointed.
(3) Where at the time of his appointment to the Commission a
member is not entitled to the benefits of the Pensions Law there shall be
paid to him upon satisfactory completion of service a gratuity calculated at
a rate which applies to members of the Public Service Commission of
MADE at Calabar the 13th day of February, 1975.
BRIGADIER U. J. ESUENE