The Nigeria Labour Congress (NLC) has challenged the Federal Government on the circular barring workers from partisan politics, declaring that the circular from the Head of Service of the Federation was ill-founded.
President of the NLC, Ayuba Wabba, reacting to the circular dated May 8, 2022, warned that the circular negated the letters and spirit of the 1999 Constitution of the Federal Republic of Nigeria.
“The Constitution of the Federal Republic of Nigeria as the grundnorm 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 1999 Nigerian Constitution 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…’,” he said.
Wabba said, in the circular, the head of service has written the heads of various ministries, departments and agencies of the Federal Government claiming that, based on the legal opinion of the Attorney-General of the Federation and Minister of Justice, as conveyed through an official letter referenced SGF/PS/HCSF/210/11 and dated 28th November 2018 that civil and public servants are prohibited from joining or engaging in partisan politics in any form.
He noted that the Congress has been inundated with calls from workers and other well-meaning Nigerians on the implication of the content of the circular. He said, “We have also been engaged by very senior legal luminaries all over the country on the validity in law of the contents of the circular which states inter alia:
“Neither the 1999 Constitution nor the Supreme Court has authorised civil servants to engage in partisan politics. The provisions of Rules 030422 of the Public Service Rules (2008 Edition) were not nullified by the Supreme Court, hence they remain in force and binding on all civil servants seeking to participate in nomination exercises or party primaries… the provisions of Rules 030402(g), 030422 and 030423 of the Public Service Rules (2008 Edition) should be enforced… and that the attention of civil servants (be drawn) to the fact that the Supreme Court judgement in INEC vs Musa did not set aside or nullify these provisions of the Public Service Rules, hence, they must be complied with by any civil servant who wishes to seek nomination or participation in party primary elections.”
He however explained that some court of law has clarified that the only condition is that such public servants must resign- from their positions at least 30 days before the elections in which to stand as CANDIDATES (not aspirants) are held.
“In light of the provisions of Sections 107 (1 137 (1 142(2); 182; 187(2); and 222 of the Nigerian Constitution, we ask ‘is it possible for a public servant to emerge as a candidate of a political party and required to resign if they are not card-card carrying members of political parties?’ The answer to this question is all the clarification needed on the eligibility of civil and public servants to engage in partisan politics,” he said.
“The Constitution of the Federal Republic of Nigeria as the grundnorm 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 1999 Nigerian Constitution 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…’,”he said.
Wabba said, in the circular, the head of service has written the heads of various ministries, departments and agencies of the Federal Government claiming that, based on the legal opinion of the Attorney-General of the Federation and Minister of Justice, as conveyed through an official letter referenced SGF/PS/HCSF/210/11 and dated 28th November 2018 that civil and public servants are prohibited from joining or engaging in partisan politics in any form.
He noted that the Congress has been inundated with calls from workers and other well-meaning Nigerians on the implication of the content of the circular. He said, “We have also been engaged by very senior legal luminaries all over the country on the validity in law of the contents of the circular which states inter alia:
“Neither the 1999 Constitution nor the Supreme Court has authorized civil servants to engage in partisan politics. The provisions of Rules 030422 of the Public Service Rules (2008 Edition) were not nullified by the Supreme Court, hence they remain in force and binding on all civil servants seeking to participate in nomination exercises or party primaries… the provisions of Rules 030402(g), 030422 and 030423 of the Public Service Rules (2008 Edition) should be enforced… and that the attention of civil servants (be drawn) to the fact that the Supreme Court judgement in INEC vs Musa did not set aside or nullify these provisions of the Public Service Rules, hence, they must be complied with by any civil servant who wishes to seek nomination or participation in party primary elections.”
He however explained that some court of law has clarified that the only condition is that such public servants must resign- from their positions at least 30 days before the elections in which to stand as CANDIDATES (not aspirants) are held.
“In light of the provisions of Sections 107 (1 137 (1 142(2); 182; 187(2); and 222 of the Nigerian Constitution, we ask ‘is it possible for a public servant to emerge as a candidate of a political party and required to resign if they are not card-card carrying members of political parties?’ The answer to this question is all the clarification needed on the eligibility of civil and public servants to engage in partisan politics,” he said.
Wabba stated further that even the quoted Public Service Rules relied upon by the Attorney General and Minister of Justice made it clear under Rule 010101 : “…these Rules (Public Service Rules) apply only to the extent that they are not inconsistent with the provisions of the Constitution of the Federal Republic of Nigeria in so far as their conditions of service and any other law applicable to these officers are concerned…”
Calling for the withdrawal of the circular, the labour leader said it is ill-conceived and ill-founded purports to prohibit civil and public servants from engaging in partisan politics.
He stated, “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.”
