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NLC Challenges Ban, Insists Civil Servants Have Right to Join Parties

A fresh industrial tussle is brewing in Nigeria’s public service. At the centre of it is a circular from Mrs Didi Esther Walson-Jack, Head of the Civil Service of the Federation, barring civil servants from partisan politics.

She claimed that public service rules forbid workers from joining political parties or engaging in political activities. According to her, this is meant to protect the neutrality and professionalism of the civil service.

But the Nigeria Labour Congress (NLC) is not having it.

In a statement. NLC President Joe Ajaero rejected Walson-Jack’s position. He said it contradicts the 1999 Constitution and Supreme Court rulings.

“Section 40 of the 1999 Constitution is explicit in its unqualified guarantee of the right of every Nigerian, including civil servants, to assemble freely and associate with other persons,” Ajaero said.

“This includes the freedom to form or belong to any political party, trade union or other association for the protection of their interests.”

He referenced the 2003 Supreme Court case — INEC and AGF vs Musa and Others — where the court ruled that civil servants have the right to participate in politics.

“The only constitutional requirement is that public servants resign at least 30 days before the elections if they intend to contest as candidates,” he added.

Ajaero Says Walson-Jack’s Statement Has No Legal Weight

Ajaero dismissed the Head of Service’s circular as a personal opinion with no legal foundation.

“Her statement is not founded on law,” he said. “From both constitutional evidence and Supreme Court rulings, it is clear that the Head of Service spoke in error and out of tune with the law and legal precedent.”

He insisted that no regulation or administrative pronouncement can override the Constitution.

“What the Head of Service has said must therefore be disregarded by every worker,” he declared.

He quoted sections 66(1), 107(1)(f), 137(1)(g), 142(2), 182, 187(2), and 222 of the Constitution to back his claims.

“It would be illogical to say that a public servant must resign before aspiring when the law only requires resignation 30 days before the election proper,” Ajaero said.

“How can one become a candidate without participating in party politics in the first place?”

Civil Servants Urged to Stand Their Ground

The NLC President called on workers across Nigeria to stand firm.

“We call on all civil servants and workers in the private sector to engage in partisan politics. It is their unfettered constitutional right. Denying them this is nothing short of an assault on democracy,” he said.

The Head of Service’s office has not yet responded to the NLC’s rebuttal.

But the clash has reopened a long-standing debate: Should civil servants be politically active, or must they remain neutral?

What do you think — should public servants be allowed to join political parties while in office? Is the government’s concern that political affiliation could compromise loyalty to the service tenable? What is obtainable in other mature political climes?
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