NLC Rejects FG’s Directive Barring Civil Servants from Politics

Onyebuchi Ezigbo in Abuja

The Nigeria Labour Congress (NLC), has  disagreed with the statement by the Head of the Civil Service of the Federation, Mrs. Didi Esther Walson-Jack, that civil servants were banned from participating in partisan politics.

Apart from contradicting the provisions of the 1999 Constitution of the Federal Republic of Nigeria, NLC said the position of the Head of Service also went counter to Supreme Court judgement as it related to participation of civil servants in partisan politics

In a statement by NLC president, Joe Ajaero, the labour movement said, “The 1999 Constitution of the Federal Republic of Nigeria and the judgment of the Supreme Court on this issue.

“Section 40 of the 1999 Constitution is explicit in its unqualified provision and guarantee of the right of every Nigerian, including civil servants to assemble freely and associate with other persons.”

According to the statement, “The attention of the leadership of the Nigeria Labour Congress (NLC) has been drawn to a statement by the Head of the Civil Service of the Federation, Mrs. Didi Esther Walson-Jack, that civil servants are banned from participating in partisan politics.

“We are alarmed that this matter is being resurrected again after Organised Labour thought that it had been thrashed before the 2023 general election.

“Nigerians would recall that in the run-up to the 2023 general election, there was a circular from the Office of the Head of Service of the Federation, referenced HCSF/479/11/19 and titled “Clarification on the Provision of Public Service Rules (PSR) vis-à-vis the Supreme Court Judgement as It Relates to Participation Of Civil Servants In Partisan Politics.”

NLC said it had written to the Head of Service of the Federation and the Attorney General and Minister of Justice, positing that the opinion that barred civil servants from participating in partisan politics is anomalous with the provisions of the 1999 Constitution of the Federal Republic of Nigeria.

NLC further quoted Section 40 of the 1999 Nigerian Constitution as having stated that, “Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests…

“The foregoing clear and explicit provision of the Constitution of Nigeria does not require any further interpretation.

“In light of Sections 66(1); 107(1)(f); 137(1)(g); 142(2); 182; 187(2); and 222, one wonders whether a public servant can emerge as a candidate of a political party, at which point they are required to resign their appointment as civil servant, if they had not been card-carrying members of political parties and participated in partisan political activities.

“There are a plethora of instances where civil servants have engaged in partisan politics until they emerged as candidates of their political parties before resigning.”

“From the evidence provided by both the Constitution of the Federal Republic of Nigeria and the rulings of the Supreme Court of Nigeria, it is clear that the Head of Civil Service of the Federation spoke in error and out of tune with the provisions of the law and legal precedent.

“This renders her statement as a personal opinion, albeit not founded on law. We call on all civil servants and workers in the private sector to actively engage in partisan politics as part of their civic responsibilities,” said NLC.