INTRODUCTION
In Nigeria, employees generally, fall into two broad categories: those in public employment, governed by the Public Service Rules, and those in private employment, whose rights and obligations are regulated by the terms and conditions contained in their contract of employment. Ordinarily, these two categories are distinct and mutually exclusive.
However, the Constitution of the Federal Republic of Nigeria 1999 (as amended) (“the Constitution”) has created an exceptional scenario in which certain individuals, though employed in private entities, are deemed public officers for specific constitutional purposes. This article examines the constitutional framework that gives rise to this hybrid category of employees- public officers in private employment and analyses the implications of this dual status considering judicial interpretation and statutory provisions.
