Sunday Ehigiator
The Nigeria Labour Congress (NLC) has faulted the Attorney-General of the Federation (AGF), Abubakar Malami (SAN) for opposing civil servants to partake in partisan politics during the forthcoming general elections.
Like other Nigerians, NLC argued that civil servants “can play partisan politics in line with section 40 of the Constitution of the Federal Republic of Nigeria, 1999.”
This was contained in a letter addressed to the Head of Service of the Federation, Dr Folasade Yemi-Esan by the President of the Nigeria Labour Congress, Comrade Ayuba Wabba.
The letter, dated May 9, was titled “Re-clarification on the Provision of Public Service Rules (PSR) vis-a-vis the Supreme Court Judgement as it Relates to Participation of Civil Servants in Partisan Politics.”
In the six-page letter, NLC pointed out that the position of the Attorney-General and Minister of Justice “impugns the character and principles of constitutionality.
“The Constitution of the Federal Republic of Nigeria as the ground norm and mother womb of all laws in Nigeria supersedes and overrides every other law. As a matter of legal fact, all other laws in Nigeria are as lawful as they are consistent with the provisions of the Nigerian Constitution.
“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.
“The verbatim rendering of Section 40 of the 1999 Nigerian Constitution states that ‘Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to a political party, trade union or any other association for the protection of his interest’.
“It is the well-considered position of the Nigeria Labour Congress that the afore-stated provision of the Constitution is very explicit and does not need any other legal opinion to interpret, explain, credit or discredit it.
“The only exception made under Section 40 is concerning the powers conferred on the Chairman of the Independent National Electoral Commission (INEC) to register political parties. That is all,” the letter said.
Citing a decision of the Supreme Court in the Independent National Electoral Commission (INEC) and AGF versus Alhaji Abdulkadir Balarabe Musa, Alhaji Kalli Algazali and three Others, NLC said the judgement affirmed the position of the NLC as to the truth of the overriding position of Nigeria’s 1999 Constitution on the matter.
It said: “It must be stated that the unambiguous judgement of the Supreme Court in the INEC and AGF vs Musa and Others (2003) was essentially in response to INEC’s objection to civil or public servant membership of a political party.
“In concurring with the sound judgement of Justice Ayoola (Justice of the Supreme Court), Justice Mohammed Lawal Uwais (JSC) ruled that ‘The Civil (Public) Service Rules place some restrictions on public office holders including civil servants, about participation in the politics of or political activities.
“However, any officer wishing to engage in partisan political activities or seek elective public office shall resign his appointment forthwith. The civil (public) service rules are not legislation per se as provided by the Constitution nor subsidiary legislation, as they are not made under any enabling Act or law.’
“Justice Mohammed Uwais rounded off this unimpeachable watershed judgement by quoting Section 40 of the 1999 Constitution of the Federal Republic of Nigeria and concluding with the following words, ‘the provisions of Section 40 of the 1999 Constitution is clear.
“Their import is to allow every person, including public office holders and civil servants, the freedom to assemble freely and associate with other persons to form or belong to any political party, trade union, or any association to protect his interests in a trade union or any association for the protection of his interests.”
Without any shred of ambiguity, the letter said the decision of the apex court first clearly established the supremacy of the 1999 Constitution and its provisions as superseding and overriding every other rule including the Public Service Rules that the AGF derived the authority for his legal opinion on the matter of whether civil servants can engage in partisan politics and which was subsequently conveyed in the referenced circular by the Head of the Civil Service of the Federation.
“Second, the judgement of the Supreme Court in the INEC vs Musa case clearly reinforces the constitutional right of every civil (public) servant to belong to political parties of their choice.”
The freedom and independence of trade unions in Nigeria to exist and operate is largely founded on Section 40 of the 1999 Constitution. What then happens if a tyrant wakes up tomorrow and decides to amend the Public Service Rules to bar workers from joining trade unions?
“Would such a rule obliterate the rights and freedom of trade unions in Nigeria to exist? The answer is clear to every unbiased mind. Fortunately, where the Nigerian Constitution categorically founded and established the right of workers to join trade unions is also where the Constitution grants civil (public) servants the right to join political parties of their choice in furtherance of their interests.
“In light of the foregoing, we advise your office to withdraw the ill-conceived and ill-founded circular that purports to prohibit civil and public servants from engaging in partisan politics. As we have made it abundantly clear in the foregoing, the provisions of the Constitution of the Federal Republic of Nigeria and the judgements of the Supreme Court are far superior to administrative rules and so benches such rules and procedures in Nigeria.
“As the number one public service rules keeper in Nigeria, your highly esteemed self should know better than to put yourself in a position that portrays you as breaking the highest rules and judgements that govern public order in Nigeria.
“For whatever it is worth, we wish to restate the readiness of the Nigeria Labour Congress to use the paraphernalia of the law to defend the constitutionally guaranteed rights for workers including civil and public servants to participate in and engage with partisan politics,” he stated.
