NLC Rejects Ban, Says Nigerian Workers Have Unfettered Constitutional Right to Politics

By Chinedu Echianu

The Nigeria Labour Congress (NLC) has dismissed claims that civil servants are prohibited from participating in partisan politics, insisting that the 1999 Constitution and rulings of the Supreme Court guarantee the right of all Nigerians, including public workers, to freely engage in political activities.

In a strongly worded statement signed by its President, Comrade Joe Ajaero, the NLC described as “erroneous and misleading” recent remarks credited to the Head of the Civil Service of the Federation, Mrs. Didi Esther Walson-Jack, who reiterated that civil servants are barred from partisan political engagement.

The Congress noted that this matter had been settled before the 2023 general elections following a circular from the Office of the Head of Service, referenced HCSF/479/11/19, which cited the Public Service Rules but was countered by legal interpretations favoring workers’ political rights.

Quoting Section 40 of the 1999 Constitution, the NLC emphasized that: “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 labour body also recalled the landmark judgment delivered by the Supreme Court in the case of INEC and Attorney General of the Federation vs Musa and Others (2003), where the court, led by the late Chief Justice Mohammed Lawal Uwais, upheld that civil servants are not excluded from the freedom to participate in politics.

“From the evidence provided by both the Constitution and rulings of the Supreme Court, it is clear that the Head of the Civil Service of the Federation spoke in error and out of tune with the provisions of the law and legal precedent. This renders her statement as a personal opinion, albeit not founded on law,” the NLC stated.

The organisation further clarified that while civil and public servants are constitutionally free to belong to political parties and participate in politics, they are only required to resign their positions at least 30 days before contesting elections as candidates—not as aspirants.

Citing Sections 66(1), 107(1)(f), 137(1)(g), 142(2), 182, 187(2), and 222 of the Constitution, the NLC argued that the law explicitly recognizes the political rights of public workers, stressing that many civil servants have historically engaged in partisan politics until they emerged as candidates, after which they resigned in compliance with constitutional requirements.

The statement concluded with a call on all civil servants and workers in the private sector to “actively engage in partisan politics as part of their civic responsibilities.”