Civil Servants Remain Barred From Politics, Says Head Of Service
As political parties move their activities into the next gear in readiness for the 2023 general elections, civil servants across the federation have been warned to stay out of partisan politics.
The warning is contained in a circular referenced HCSF/479/1/19 dated 5th May 2022 and signed by Folashade Yemi- Esan, the Head of Civil Service of the Federation, who said the rules barring civil servants from partisan politics remain unchanged.
The warning is probably on the heels of some ministers and public servants who have political interests but have insisted to remain in service until the party primaries are held in defiance of section 84 (12) of the Electoral Act that ordered political appointees and civil servants with political ambition to leave government service
The circular titled “Clarification on The provision of public service rules(PSR) Vis-a-vis the Supreme Court judgment as it relates to the participation of civil servants in partisan politics,” and addressed to the office of the Chief of Staff to the president, Deputy Chief of Staff to the President, Office of the Vice-President, Honourable Ministers/Ministers of State, Permanent Secretaries, National Security Adviser, Special Advisers/Senior Special Assistants, Chief of Defence Staff/Service Chiefs/Inspector-General of Police, Governor, Central Bank of Nigeria and other Ministries, Departments and Agencies (MDAs), clarified that the recent Supreme Court judgment did not authorise civil servants to engage in politics.
She cited a January 2018 Supreme Court judge ruling that civil servants could be members of political parties of their choice as provided for in the 1999 Constitution.
The apex court ruling was part of its clarification of the November 8, 2002 judgement in which it nullified most of the guidelines issued by the Independent National Electoral Commission (INEC) on the registration of new political associations.
However, according to the Head of Civil Service of the federation, the public service rules were not nullified by the Supreme Court.
“The Office of the Head of Civil Service of the Federation (OHCSF) has been inundated with requests for clarification on the provision of Public Service Rules (PSR) vis–vis the Supreme Court Judgment as it relates to the participation of civil servants in partisan politics, “the circular reads.
“In the light of the above, it has become necessary to draw the attention of all civil servants to the legal opinion of the Honourable Attorney-General of the Federation and Minister of Justice (HAGF&MJ) on this matter.
“In his letter, Ref. No. SGF/PS/HCSF/210/1l dated 26th November 2018, HAGF&MJ asserted, inter alia, that: “neither the 1999 Constitution nor the Supreme Court has authorized civil servants to engage in partisan politics. The provisions of Rules 030422 and 030423 of the Public Service Rules (2008 Edition) were not nullified by the Supreme Court, hence, they remain in force and binding on all civil servants seeking to participate in nomination exercises or party primaries”
He concluded that: “the provisions of Rules 030402(g). 030422 and 030423 of the Public Service Rules (2008 Edition) should be enforced and the attention of civil servants (be drawn) to the fact that the Supreme Court judgment in INEC vs Musa did not set aside or nullify these provisions of the Public Service Rules, hence, they must be complied with by any civil servant who wishes to seek nomination or participation in party primary elections”.
“Accordingly, in the overall best interest of neutrality, harmony. integrity and development of Nigerian Civil Service, all civil servants are strongly advised to be guided by the provisions of PSR and the legal opinion of Honourable Attorney General of the Federation/Minister of Justice on the subject.”
Yemi-Esan advised that “the contents of this circular should be given widest circulation for the compliance of all concerned.”
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