Section 8: Re-engagement

(1) Any fireman of good character may within six months before completion of his first period of enlistment and with the prescribed approval, re-engage to serve for a further period of six years and may similarly re-engage for a second period of six years, and may thereafter similarly re-engage either to serve until the expiration of a third period of six years or until he reaches the age of forty-five years (whichever is earlier).
(2) Upon completion of such third period of six years, or if he has re-engaged until reaching the age of forty-five years then upon reaching such age, the fireman may if he so desires and with the prescribed approval continue in the Fire Service in the same manner in all respects as if his term of service were still unexpired, except that he may be discharged or may claim a discharge upon six months prescribed notice thereof being given to or by him.
(3) The prescribed approval referred to in subsections (1) and (2) of this section shall be that of the Federal Civil Service Commission or of any member of the Fire Service to whom the Federal Civil Service Commission has delegated the power to give such approval, and the prescribed notice referred to in subsection (2) of this section shall be given by or to the Federal Civil Service Commission or by or to any member of the Fire Service to whom the Federal Civil Service Commission has duly delegated the power of giving or receiving such notice.
(4) If a fireman offers to re-engage within six months after having received his discharge he will, if his offer of service is accepted, on re-engagement be entitled to the rank which he was holding at the time of his discharge, provided there is a vacancy in the establishment of that rank at the time he re-engages.
(5) If, however, no vacancy exists in the establishment of that rank at that time as in subsection (4) of this section, the fireman may be appointed to the nearest lower rank in the establishment of which a vacancy exists; and he shall be entitled to promotion to the rank he was holding at the time of his discharge as soon after his re-engagement as a vacancy arises in the establishment of that rank.
(6) The service of a fireman who has re-engaged under this section shall be deemed to be continuous for the purposes of pension or annual allowance or gratuities, as the case may be, the fireman being regarded as on leave without pay during the period between discharge and re-engagement.
(7) No fireman may apply for re-engagement after a period of six months has elapsed since his discharge, but a fireman may be permitted to re-enlist subsequent to that period if his offer of service is accepted.
(8) The question of the reinstatement of a re-enlisted fireman to the rank he held prior to his discharge shall be decided by the Fire Commissioner.
(9) Any fireman whose term of service expires during the declaration of a state of emergency, insurrection, or hostilities, may be compulsorily retained and his service prolonged for such period, not exceeding twelve months, as the Federal Civil Service Commission may direct.
(10) Subject to the provisions of sections 3 (1) (a) and 21 of the Pensions Act and to the provisions of subsection (2) of this section, no fireman shall be at liberty to resign or withdraw himself from his duties without the approval of the Federal Civil Service Commission or of any member of the Fire Service to whom the Federal Civil Service Commission has delegated the power to give such approval.
[Cap. P4.]
(11) For the purposes of this section, the term "a state of emergency" has the same meaning as it has in section 305 of the Constitution of the Federal Republic of Nigeria 1999.
[Cap. C23.]