The Nigeria Labour Congress (NLC) has reaffirmed that Nigerian workers, including civil servants, have a constitutional right to participate in partisan politics, dismissing a contrary claim by the Head of the Civil Service of the Federation, Mrs. Didi Esther Walson-Jack.
In a statement on Monday signed by its President, Comrade Joe Ajaero, the NLC said it was “alarmed” that the issue had resurfaced after it was addressed ahead of the 2023 general election.
The congress recalled a 2022 circular from the Office of the Head of Service (HCSF/479/11/19), which sought to bar civil servants from partisan politics, but said it had written to both the Head of Service and the Attorney General of the Federation at the time, pointing out that the move contradicted constitutional provisions and a Supreme Court judgment.
Quoting Section 40 of the 1999 Constitution, Ajaero stressed that every Nigerian has the right to freely associate, including forming or joining political parties, trade unions, or other groups to protect their interests.
He also cited the 2003 Supreme Court ruling in INEC and AGF vs Musa and Others, in which then Chief Justice Mohammed Lawal Uwais affirmed that civil servants and other public office holders were entitled to political participation.
According to the NLC, the Constitution further provides in Sections 66(1), 107(1)(f), 137(1)(g), 142(2), 182, 187(2), and 222 that civil servants may contest elective positions if they resign at least 30 days before the election.
“From the evidence provided by both the Constitution of the Federal Republic of Nigeria and the rulings of the Supreme Court of Nigeria, it is clear that the Head of Civil Service of the Federation spoke in error and out of tune with the provisions of the law and legal precedent,” Ajaero said.
He described her position as a personal opinion “not founded on law,” while urging workers in both the public and private sectors to actively participate in politics as part of their civic duty.
