The Nigeria Labour Congress (NLC) has condemned attempts to ban civil servants from partisan politics, describing the move as unconstitutional and an attack on workers’ fundamental rights.

This follows a statement made by the Head of the Civil Service of the Federation, Didi Esther Walson-Jack, who said that civil servants are prohibited from engaging in partisan politics.

Walson-Jack, who spoke through a circular, warned that public service rules prohibit civil servants from belonging to political parties or openly engaging in partisan activities. She stressed that such restrictions are meant to preserve neutrality, professionalism and the non-partisan character of the civil service.

However, NLC, in a statement signed by its president, Joe Ajaero, faulted the position, insisting that it contradicts the 1999 Constitution and binding judgments of the Supreme Court of Nigeria.

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

“The Constitution does not mince words, and neither does the Supreme Court. Anyone who seeks to deny workers these rights is not only speaking against the law but against democracy itself.”

Ajaero referenced the landmark case of INEC and AGF vs Musa and Others (2003), in which the Supreme Court, through the late Chief Justice Mohammed Lawal Uwais, ruled that civil and public servants are entitled to partisan political participation.

“The provisions of Section 40 are clear. Their import is to allow every person, including public office holders and civil servants, the freedom to belong to any political party or trade union. The only constitutional requirement is that public servants resign at least 30 days before the elections if they intend to stand as candidates,” he stressed.

He dismissed Walson-Jack’s position as an opinion with no legal basis.

“Her statement is not founded on law. 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,” Ajaero insisted.

According to Ajaero, the Public Service Rules cannot supersede the Constitution.

“No circular, no regulation, no administrative pronouncement can be superior to the 1999 Constitution or the judgment of the highest court of the land. What the Head of Service has said must therefore be disregarded by every worker,” he said.

Quoting sections 66(1), 107(1)(f), 137(1)(g), 142(2), 182, 187(2), and 222 of the Constitution, the NLC explained that civil servants are only required to resign once they become party candidates, not before they participate in party politics.

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

The NLC President urged workers nationwide to assert their constitutional rights without fear.

“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.