Supreme Court ruling backs workers’ political rights, Ajaero tells Walson-Jack
The Nigeria Labour Congress (NLC) has rejected the federal government’s position that civil servants are barred from partisan politics, insisting that the claim is inconsistent with the 1999 Constitution and a Supreme Court judgment.
The union was reacting to a statement credited to the Head of the Civil Service of the Federation, Mrs. Didi Esther Walson-Jack, that government workers are prohibited from political activities.
In a press statement signed by NLC President, Comrade Joe Ajaero, the union maintained that the constitutional guarantee of freedom of association applies equally to civil servants.
“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,” Ajaero said
Quoting the Constitution directly, the NLC noted: “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 also cited the Supreme Court ruling in INEC and AGF vs Musa and Others, delivered by former Chief Justice Mohammed Lawal Uwais, which upheld the rights of Nigerians — including public servants — to political association.
“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 said.
Addressing concerns about conflict of interest, Ajaero explained that Nigerian law already provides safeguards requiring civil servants seeking elective office to resign at least 30 days before an election.
“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,” he stated.
The NLC described the Head of Service’s interpretation as “a personal opinion, albeit not founded on law,” and urged workers to assert their rights.
“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 said.
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