Labour Union Rejects Tinubu Govt’s Claim That Civil Servants Cannot Engage In Politics, Criticises Head Of Service
The Nigeria Labour Congress (NLC) has blasted the Head of the Civil Service of the Federation, Mrs. Didi Esther Walson-Jack, over her claim that civil servants are barred from participating in partisan politics, insisting that the statement is illegal, misleading, and contrary to constitutional provisions.
In a press statement signed by its President, Comrade Joe Ajaero, on Monday, the NLC said it was “alarmed that this matter is being resurrected again after Organised Labour thought that it had been thrashed before the 2023 general election.”
The workers’ union recalled that before the last election, the Office of the Head of Service had issued a circular attempting to bar civil servants from politics.
The Labour Union described this move as “anomalous with the provisions of the 1999 Constitution of the Federal Republic of Nigeria and the judgment of the Supreme Court on this issue.”
Quoting directly from the Nigerian Constitution, Ajaero said: “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 states: ‘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.’”
According to him, the Head of Service’s interpretation runs contrary not only to the Constitution but also to a landmark Supreme Court decision.
“The Supreme Court of Nigeria, in INEC and AGF vs Musa and Others, ruled in an unambiguous judgment delivered by Late Chief Justice Mohammed Lawal Uwais that the provisions of Section 40 are clear,” the statement added.
“Their import is to allow ‘every person’, including public office holders and civil servants, the freedom to assemble and associate, to form and belong to any political party or trade union.”
The NLC further stressed that Nigerian laws already provide a safeguard to prevent conflict of interest, pointing out that civil servants who intend to contest elections are only required to resign from service 30 days before the polls.
“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, if they had not been card-carrying members of political parties and participated in partisan political activities,” Ajaero asked.
The NLC President accused Walson-Jack of speaking “in error and out of tune with the provisions of the law and legal precedent,” stressing that her position “is a personal opinion, albeit not founded on law.”
Concluding, the NLC called on Nigerian workers to defy attempts to silence them.
“We call on all civil servants and workers in the private sector to actively engage in partisan politics as part of their civic responsibilities,” Ajaero declared.
