Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

Freedom to leave the service of the State. In previous comments the Committee referred to the Nigerian Army Act, 1960 (formerly the Royal Nigerian Military Forces Ordinance), the Local Forces Ordinance, Cap. 110, the Navy Act, Cap. 138 and the Police Act, Cap. 154. The Committee requested the Government to indicate whether these various enactments are still in force and to supply copies of any amendments made to section 25 of the Army Act, sections 16 and 17 of the Local Forces Ordinance, sections 9 and 15 of the Navy Act and sections 11 and 13(9) of the Police Act, as well as copies of any enactments having superseded any of these provisions, and copies of any regulations made under section 13 of the Army Act or otherwise governing the commissioning of officers and their resignation. The Committee noted the Government's statement in its reports that these enactments are still in force and that no amendments have been made to the above-mentioned provisions of the Nigerian Army Act, 1960, the Local Forces Ordinance, Cap. 110 and the Navy Act, Cap. 138. The Committee also noted the Government's indication that the Police Act, Cap. 154 is still in force and that sections 11 and 13(9) have been amended.

1. The Committee had noted that under section 13(9) of the Police Act, Cap. 154, no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties unless expressly permitted to do so. The Committee noted that under sections 11A and 13(1A) which were incorporated into the Police Act, Cap. 154, by the Police Act (Amendment) Decree, 1969, a constable having opted or been selected for duties other than general duties shall be deemed to have agreed to extend his period of enlistment by an additional period not exceeding six years and the term of service of a non-commissioned officer or a constable may be extended for a period of six years.

The Committee similarly had noted that under section 9(3) of the Navy Act, Cap. 138, an officer or a warrant rank resigning shall be discharged as soon as possible, but shall be retained in the ship and to continue duty until instructions for his discharge are issued by the director. The Committee further noted that under section 20(3) of Act No. 21 of 1964 (Navy) a rating shall not be discharged unless his discharge has been authorised by order of the competent naval authorities in accordance with the regulations under the Act.

The Committee noted the Government's statement that sections 11 and 13(9) of the Police Act, Cap. 154 and sections 9 and 15 of the Navy Act are still in force, that in practice both naval and police officers are free to put in their resignations and that unless there are serious impediments which may prevent their resignations being accepted, such officers are allowed to leave after the expired term of notice.

The Committee again requests the Government to provide information on such terms of notice for officers as well as for ranks, and on the criteria used in evaluating the serious impediments which may prevent resignations being accepted, and to provide copies of any rules or regulations applicable in this regard. The Committee refers in this connection to paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour where it recalled that persons in the service of the State, including officers or ranks should have the right to leave the service in peacetime, within a reasonable period, either at specified intervals or with previous notice.

2. The Committee requests the Government to provide copies of any regulations made under section 13 of the Army Act governing the commissioning of officers and their terms of resignation.

3. The Committee previously noted that under regulation 66(1) of the Draft Prisons Regulations, which have not been promulgated yet, convicted prisoners may be employed on any work or service carried out under the supervision and control of a public authority. The Committee pointed out that Article 2(2)(c) of the Convention not only provides that prison labour shall be performed under the supervision and control of a public authority, but that prisoners shall moreover not be hired to or placed at the disposal of private individuals, companies or associations. The Committee, however, indicated that arrangements under which prisoners may voluntarily accept employment with private employers, subject to guarantees as to the payment of corresponding wages, etc., do not fall within the scope of the Convention. The Committee noted from the Government's previous report that the Prisons Authorities stated that it is not permissible to hire prison labour to private individuals or companies. The Committee expressed the hope that measures would be taken to ensure clearly, under the draft Prisons Regulations, that any use of prison labour by private individuals, companies or associations can only take place under the conditions of a free employment relationship, and that the Government would indicate the action taken to this end. The Committee hopes that the Government will provide information on the measures taken in this connection in its next report.