The Nigeria Labour Congress (NLC) on Monday dismissed as unconstitutional a memo from the Office of the Head of the Civil Service of the Federation (OHCSF) which sought to bar civil servants from taking part in partisan politics.
The circular, signed by Head of Service Esther Walson-Jack, had reiterated that civil servants were prohibited from engaging in political activity.
But NLC President, Joe Ajaero, in a statement, described the directive as “alarming”, noting that the matter had already been settled in the run-up to the 2023 general elections.
He recalled that a similar circular – referenced HCSF/479/11/19 and titled “Clarification on the Provision of Public Service Rules (PSR) vis-à-vis the Supreme Court Judgment as it Relates to Participation of Civil Servants in Partisan Politics” – had been issued at that time. Organised Labour, he said, had written to both the Head of Service and the Attorney General, stressing that the position taken was inconsistent with the 1999 Constitution and Supreme Court rulings.
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Quoting Section 40 of the Constitution, the NLC pointed out: “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 union argued that the provision is explicit and extends to civil servants without qualification. It also cited the Supreme Court’s judgment in INEC & AGF vs Musa & Others (2003), in which then Chief Justice Mohammed Lawal Uwais affirmed that public servants are not excluded from these rights.
Ajaero noted that the Constitution, reinforced by judicial precedent, recognises the right of civil servants to join political parties and even contest elections. The only condition, he said, is that they must resign at least 30 days before polling day if they intend to stand as candidates – not aspirants.
“From the evidence provided by both the Constitution and the rulings of the Supreme Court, 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 a personal opinion, not founded on law,” the NLC maintained.
The Congress therefore urged all civil servants – as well as private sector workers – to exercise their civic rights by actively participating in partisan politics.
