Court stops FG from retiring education directors before 65

A significant ruling by the National Industrial Court of Nigeria has overturned a Federal Government policy that forced education directors to retire after eight years in their positions. The court declared that teachers and education officers appointed as directors are legally entitled to continue in service until they reach the statutory retirement age of 65 or complete 40 years of pensionable service.

Justice O. Y. Anuwe delivered the judgment on July 10, 2026, nullifying circulars from the Office of the Head of the Civil Service of the Federation and the Federal Ministry of Education. The court found these directives to be inconsistent with the Harmonised Retirement Age for Teachers in Nigeria Act of 2022, rendering them invalid as they applied to teachers and education officers.

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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 case was brought by Mrs. Rakiya Gambo Iliyasu, a Grade Level 17 director, who challenged the eight-year tenure rule. She argued that as an education officer, she qualified for protection under the 2022 Act. The court agreed, emphasizing that Section 3 of the Act explicitly exempts teachers from Public Service Rules that mandate retirement before the age of 65 or 40 years of service. The ruling also noted an inconsistency in the government's position, citing an earlier 2025 correspondence that acknowledged the exemption for education officers.

The court's decision ensures that education directors, who are considered teachers under the Act, can serve their full tenure without being prematurely retired based on the eight-year rule. This judgment upholds the provisions of the 2022 Act, providing clarity and security for education professionals in Nigeria.

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serving as a director for eight years “is not a retirement condition for teachers any longer.”