THE NIGERIA Labour Congress (NLC) has reaffirmed that civil servants in Nigeria possess an unfettered constitutional right to participate in partisan politics, countering recent claims by the Head of the Civil Service of the Federation, Mrs. Didi Esther Walson-Jack.
In a press statement issued on Monday and made available to National Record, NLC President, Comrade Joe Ajaero, described the ban on civil servants’ involvement in politics as “anomalous” and inconsistent with the 1999 Constitution and Supreme Court rulings.
The NLC’s response follows a statement from the Office of the Head of Service, which reiterated restrictions on civil servants’ political activities, a matter previously contested before the 2023 general elections.
Constitutional and Legal Backing
The NLC cited Section 40 of the 1999 Constitution, which guarantees every Nigerian, including civil servants, the right to “assemble freely and associate with other persons,” including joining political parties or trade unions.
The Congress, as NLC is fondly called by workers, emphasised that this provision is unambiguous and requires no further interpretation.
Further reinforcing this position, the NLC referenced a Supreme Court judgment in INEC and AGF vs Musa and Others (2002), where the late Chief Justice Mohammed Lawal Uwais ruled that public office holders and civil servants are entitled to the freedoms outlined in Section 40. The court’s decision explicitly supports their right to engage in partisan politics.
Conditions for Political Participation
The NLC clarified that while civil servants are free to participate in politics, those aspiring to stand as candidates in elections must resign from their positions at least 30 days before the polls.
This condition is stipulated in several constitutional provisions, including Sections 66(1), 107(1)(f), 137(1)(g), and others, the Congress argued, adding that it would be impractical for civil servants to emerge as candidates without prior involvement in political activities.
Comrade Ajaero urged civil servants and private sector workers to actively engage in partisan politics as part of their civic responsibilities.
He described the Head of Service’s statement as a “personal opinion” lacking legal foundation and called on authorities to align their directives with constitutional provisions and judicial precedents.
