This question is answered under section 168 of the Constitution. The provision reads:

“The President, acting in accordance with the advice of the Public Service Commission, shall appoint a person holding an office in the public service on permanent terms to be the Head of the Civil Service. The Head of the Civil Service shall be the competent authority for the Civil Service.”

It should therefore be  clear that the person appointed as head of the civil service must be a person holding a permanent position in the public service as advised by the Public Service Commission.

The Constitution is also clear on what is defined as an office in the public service. It reads as follows under section 166 subsection (4)

“In this Constitution, an office in the public service does not include –

  • the offices of President, Vice-President, Speaker or Deputy Speaker of the National Assembly, minister or a member of the National Assembly;
  • the offices of a member of any commission (other than a commission the members of which are hereby or by an Act of National Assembly declared to hold an office in the public service), or a member of the Advisory Committee on the exercise of the Prerogative of Mercy or the Advisory Committee on the conferment of honours.”

The question now arises: Is the Public Service Commission giving advice to President Barrow on who to appoint as Head of the civil service. Foroyaa will investigate.

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