SUPREME COURT HAS CLEARED CIVIL SERVANTS TO PARTICIPATE IN POLITICS!
Nigerian Workers are Constitutionally Free to Participate in Politics. In a Circular that the Head of Civil Service of the Federation, in a memo dated 5/5/2022, ordered Civil Servants to abide by the provisions of the Public Service Rules (PSR) 2008 Edition on Partisan Politics. She said her office had been inundated with requests for clarification on the Apex Court Judgement… In the case of INEC Vs Balarabe Musa & Others (2003) 10 WRN 1, the Supreme Court faulted the Civil Service Rules which restrict the participation of Civil Servants in politics. This is real clarification for the Supreme Court Judgement.
In the leading judgement of the Apex Court by the Honourable Justice Ayoola JSC, it was held that there is nothing reasonably justifiable, in a democratic society, in the interest of defence, public safety, public order, public morality, or public health, in prohibiting a member of the Public Service or Civil Service from eligibility to be registered as a member of a political party. The submission that the restriction is a valid derogation from Section 40 by virtue of Section 45(1)(a) of the Constitution was erroneous.
In his concurring judgement, Justice Uwais, the then Chief Justice of Nigeria, said that “The provisions of Section 40 of the 1999 Constitution are clear. Their import is to allow every person, including public office holders and civil servants, the freedom to assemble freely and associate with other persons to form or belong to any political party or trade union or any other association for the protection of his interest. The section has made no exceptions, and there is no provision therein limiting its application to civil servants or public officers.”
Even though the Civil Service Rules were not set aside as their legal validity was not challenged in the case, it has been held by the Court in several cases that Sections 7, 66(1), 107(1)…
Hon. Bashir B Madaki
( Advocate for Good Governance)
Nkanu Dennis Azogor
August 1, 2025On this note, can a civil servant contest election by applying for leave of absence and not to completely resign or retire from service?
Uno Ijim
August 1, 2025Go back to the same court for clarification. Joining a political party as a public servant is different from contesting an election as a public servant. I think PARTICIPATION as read in the judgement is limited to joining a political party. If this becomes the case, then the maxim of NEUTRALITY which is one of the hallmarks of the civil service will no longer be tenable.