May 16, 2022

The Nigeria Labour Congress (NLC) has called on the Office of the Head of Service of the Federation (OHSF) to withdraw the circular that prohibits civil and public servants from engaging in partisan politics.

The NLC President, Mr Ayuba Wabba, told the News Agency of Nigeria (NAN) on Monday in Abuja.

Wabba was reacting to a circular issued by the OHSF entitled, “Re- Clarification on the Provision of Public Service Rules(PSR) vis-a-vis the Supreme Court Judgment as it relates to Participation of Civil Servants in partisan Politics’’.

The NLC president described it as “ill conceived and ill-founded circular’’.

It would be recalled that on May 8, the OHSF issued a circular to the heads of various Ministries, Departments and Agencies of the Federal Government.

The circular claimed that based on the legal opinion of the Attorney General of the Federation and Minister of Justice on Nov. 28, 2018, that civil and public servants were prohibited from joining or engaging in partisan politics in any form.

According to him, since the release of the circular, Congress has been inundated with calls from workers and other well-meaning Nigerians on the implication of the content of the circular.

“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.

“That 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,’’he said.

“The attention of civil servants should be drawn to the fact that the Supreme Court judgment in INEC vs Musa did not set aside or nullify these provisions of the Public Service Rules.

“They must comply with by any civil servant who wishes to seek nomination or participation in party primary elections,’’ according to the circular.

According to Wabba, our response to this circular is to state that while we esteem the high office of the Head of the Service of the Federation and the Honourable Attorney General and Minister of Justice who appear to be in the eye of the stir generated by the referenced official circular.

He added that, we are persuaded and so firmly posit that your positions on this matter negate the letters and spirit of the 1999 Constitution of the Federal Republic of Nigeria.

“Your position and that of the Attorney-General and Minister of Justice also 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,’’ he said.

He noted that Section 40 of the 1999 Constitution was explicit in its unqualified provision and guarantee of the right of every Nigerian including civil servants to assemble freely and associate with other persons.

He added, we must state that the position of Section 40 of the 1999 Constitution of the Federal Republic of Nigeria is further reinforced by Sections 66( 1 ); 107 (1 137 142(2); 182; 187(2); and 222 which acknowledge the right of civil and public servants to engage in partisan politics and even stand for elective positions.

“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.

He noted that, 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 also noted that NLC National Workers Political Conference held in March, the NLC had asked Nigerian workers to join political parties that were worker-friendly and which have subscribed to the Nigerian Workers Charter of Demands.

He said that it was unfortunate that the circular by the HoSF appeared primed to douse the already raging enthusiasm of Nigerian workers to form a critical mass that would determine the swing of the political pendulum in the 2023 general election.

“Well, it is unfortunate that this misplaced and mischievous circular is coming a little too late especially after the bull had charged from the barn.

“Nigerian workers will not sit supine and watch unscrupulous politicians toy with the destiny of our fatherland again,’’ he said.

Wabba also said that the Nigerian workers and the civil servants have rejected the fantasy that there were Nigerians with the sole proprietary rights to contest political party tickets and stand for elections while the duty of workers would be to count the votes for them.

He added that Nigerian workers would not only vote in the 2023 elections, they would contest for the nomination tickets of political parties of their choice.

He also added when workers including public servants are so nominated as candidates of their political parties, they know to do the needful by resigning from their positions thirty days before the main election.

“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 judgment 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 said. (NAN)