In a Circular to 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 Participations of Civil Servants in the Politics.
This are real Clarification for the Supreme Court Judgement”In the leading Judgement of the Apex Court by the Honourable Justice Ayoola JSC 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 Members of the Public Service or Civil Service…. From eligibility to be registered as a Member of Political Party. The Submission that the restrictions is a valid derogation from Section 40 by Virtue of Section 45(1)a. Of the Constitution was erroneous. In his concurring Judgement, by 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 Officer holders and Civil Servants the Freedom to assemble, freely, and associate with other person’s to form or belong 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 Provisions therein limiting it’s application to Civil Servants or Public Officers. Even though the Civil Service Rules were not set asides as it’s legal validity was not challenged in the cases it’s has been held by the Court in several Cases that Section 7, 66(1), 107(1) f, 137(g) 142(2) 182 and 187(2) of the 1999 Constitution, permit Civil Servants and other Public Servants who wishi to contest election to resign their Positions 30 days the election for the all various positions.
Malami in his legal opinion claimed ” Neither the 1999 Constitution nor Supreme Court has authorized Civil Servants to engage in Partisan Politics. The provision of Rules 030422-030423 of PSR (2008) Edition Were not nullified by SC hence they remain inforce an binding Civil Servants Seeking to participate in Nomination Excirse or Party Primaries.If you look the Provisions Cleared the Circular of the Head of Civil Service of the Federation us Contradiction by the Constitution that allowed the Public Officer holders and Civil Servants to belong to any Political Party of his own choices for the protection of his interest.
