1.The Federal Character commission is mandated by Paragraphs 8(1)(a) and (b) of section C, part 1, Third schedule t the constitution of the Federal Republic of Nigeria to:
“work out an equitable formula, subject to the approval of the National Assembly, for distribution of all cadres of posts in the Public Service of the federation and of the States, the Armed Forces of the Federation, the Nigeria Police force and other government security Agencies, government owned companies/parastatals of the states” and to “promote, monitor and enforce compliance with the principle of proportional sharing of al bureaucratic, economic, media and political posts at all levels of government”.
2. The Commission is further empowered by Section 4(1)(g)(i) of the federal Character Commission (Establishment, etc.) Act Cap F7 laws of the Federation of Nigeria 2004, to:
“ensure that all ministries and Extra-Ministerial Departments, agencies and other bodies affected by this Act have clear criteria indicating the conditions to be fulfilled and comprehensive guidelines on the procedure for determining eligibility and the procedure for employment in the public and private sectors of the economy”.
3. In furtherance of the measures aimed at ensuring compliance with these constitutional and statutory provisions, the following procedure shall be followed in filling all vacancies, particularly at the entry point:
each MDA shall ensure proper manpower planning in accordance with its authorized staffing/manning level;
When there is a need to recruit staff, available vacancies shall be harvested and identified cadre by cadre;
The spread of al vacancies to be filled shall be predetermined in relation to the current levels of (Federal Character) representation, by states or zones, at a joint meeting of MDA and the FCC;
The MDA shall ensure, and provide comprehensive job description (academic qualifications and cognate experience) required for each vacant position;
All vacancies shall be advertised in at least two newspapers circulating nationally, giving prospective candidates, a minimum of six weeks within which to apply;
In filling the allotted vacancies, adequate consideration shall be given to gender representation and the physically challenged;
Where candidates are required to apply on-line, hard copies of such applications shall nevertheless be accepted;
In the event of candidates being required to buy Scratch Cards, the costs shall not be more than Five hundred Naira only;
Where the services of Consultants are engaged by any employer of labour in the federal Public service, it shall be the duty of such MDA to acquaint the Consultant with the process outlined herein for strict compliance. The Consultant shall disclose, in the advertisement, the MDA on which behalf he is acting. Responsibility for such compliance shall be with the MDA.
(4) Only candidates who have met the basic minimum requirements for each position shall be shortlisted for interview or any other selection process. Under no circumstances shall an unqualified candidate be shortlisted purportedly on the basis of federal character considerations. However, a candidate who has met the basic minimum requirements shall be eligible to complete for posts reserved for his State and/or Zone, and shall not be penalized or disadvantaged in favour of a candidate from another state or zone who may posses’ higher qualifications.
(5) At the close of advertisement, and from the long list of all applications received, a shortlist of qualified candidates shall be compiled for interview or any other mode of selection on State by State basis:
a. drawing as much as possible, in equal number, from each State of the Federation and approximately a third of that number from the FCT, indicating also, the Local Government Area of origin. (Where an aptitude test or any other type of written or oral test is required as part of the selection process, the compilation of results shall be on State by State basis, in order to enable the best candidates from each State and the FCT to be employed).
b. the best and most competent candidates from each State of the Federation and the Federal Capital Territory shall be shortlisted to compete for positions reserved for their respective States/Zones.
(6) The list of successful candidates shall be compiled and, at a special joint meeting of the MDA and the FCC, and matched, for consistency, with the pre-determined distribution formulae.
(7) a. A Certificate of Compliance (with the FCC principles/guidelines) shall be issued as final authorization for the release of letters of appointment to successful candidates by the recruiting MDA (No MDA shall issue Letters of Appointment to candidates without this Certificate).
b. The list of all successful candidates shall be published in at least two newspapers, circulating nationally by the MDA.
a. Section 4(1)(e) of the FCC Act empowers the Commission to intervene in any recruitment process where the provisions of this Circular has been, is been or is likely to be contravened by any MDA.
b. Section 16 of the same act provides:
Subject to the constitution, where any provision of this Act is inconsistent with the provisions of any other law or enactment, the provisions of this Act shall to the extent of that inconsistency prevail.
c. Therefore, any person or institution (whose activities are covered under the FCC (2004) that carries out recruitment, in whatever form or guide, and without appropriate advertisement and observance of these guidelines shall be committing an offence under section 14, punishable under Section 15 of the FCC Act.
(9) It shall be the responsibility of all Permanent secretaries/Chief Executives of all Ministries, Extra-Ministerial Departments, service Chiefs, Inspector-general of Police, parastatals, Agencies and other federal Government establishments to ensure compliance with these procedures.
10 This Circular takes effect from the 1st day of September, 2008 and supersedes all previous Circulars on this subject.