LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Public Service — Definition of Public Service — Not a General Definition for All Purposes
PRINCIPLE STATEMENT
The definition of "public service of the Federation" in the Constitution is not intended to be a general definition for all purposes or to apply to any circumstance outside the reference made in the Constitution to that expression.
RATIO DECIDENDI (SOURCE)
"The definition of 'public service of the Federation' in section 277(1) of the Constitution of the Federal Republic of Nigeria, 1979, is not intended to be a general definition for all purposes or to apply to any circumstance outside the reference made in the Constitution to the expression 'public service of the Constitution'. It cannot rightly therefore be held that the rules applied to the respondent's employment by the appellant by virtue of that definition."
EXPLANATION / SCOPE
Constitutional definitions of “public service” are context-specific. They apply only for purposes of the Constitution, not as a general definition for all legal purposes. A company with government shareholding does not automatically become part of the public service for employment purposes. The constitutional definition cannot be imported into private employment relations. The principle prevents the expansion of constitutional definitions beyond their intended scope. Each statute must be interpreted in its own context. The fact that a definition exists in the Constitution does not mean it governs employment disputes involving government-owned companies. The court must examine the specific statutory framework applicable to the employment relationship.