National Industrial Court Voids Eight-Year Retirement Policy, Affirms Education Directors’ Right to Serve Until 65 or 40 Years

The National Industrial Court of Nigeria (NICN) has struck down the Federal Government’s policy mandating compulsory retirement of education directors after eight years in office. In a landmark judgment delivered in Abuja on July 10, 2026, Justice O. Y. Anuwe held that teachers and education officers who rise to the rank of director are entitled to remain in service until they attain 65 years of age or complete 40 years of pensionable service, in line with the Harmonised Retirement Age for Teachers in Nigeria Act, 2022.

The court declared circulars issued by the Office of the Head of the Civil Service of the Federation and the Federal Ministry of Education invalid to the extent that they applied to teachers and education officers. Justice Anuwe emphasised that the eight‑year tenure rule under the Public Service Rules no longer applies to teachers, noting: “A Teacher or Education Officer, whether he or she got to the post of Director or not, is entitled to retire from service on attaining 65 years of age or 40 years of service.”

The suit, NICN/ABJ/79/2025, was filed by Mrs Rakiya Gambo Iliyasu, a Grade Level 17 Director in the University Education Department, who challenged the directives compelling directors to retire after eight years. The court agreed with her argument that education officers are expressly covered under the Teachers’ Retirement Age Act, which overrides conflicting provisions in the Public Service Rules.

Justice Anuwe further issued a perpetual injunction restraining the Federal Government and the Ministry of Education from enforcing the eight‑year tenure policy against teachers and education officers. The ruling clarifies that the statutory retirement framework for teachers supersedes administrative circulars, thereby safeguarding the rights of director‑level education officers across federal institutions.

This judgment has significant implications for the education sector, reinforcing the constitutional principle that statutory provisions enacted by the legislature override administrative directives, and ensuring stability in the retention of experienced education personnel.

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