The Dapo Abiodun-led government has handed down queries to some civil servants in Ogun State for attending a rally organised to promote candidates of the All Progressives Congress (APC) including Bola Tinubu.
In the letter, a local government staff member was accused of engaging in “a public political rally for a candidate aspiring for a political position in Sagamu.”
“In view of the above you were found to have flouted regulations 2 (e) of the United Local Government Service (Staff) Regulations which interpreted the allegation against you as an act of misconduct and punishable under section 42 (1) (d) with summary dismissal from service,” a part of the query sighted by The Gazette and signed by Akintomide Taiwo on behalf of the chairman of the state’s Local Government Service Commission read.
A 2003 judgement of the Supreme Court faulted civil service rules which restrict the participation of civil servants and other public servants in the politics of the country.
“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,” Justice Emmanuel Ayoola, JSC held in his lead judgement in a suit between the Independent National Electoral Commission v Balarabe Musa & Ors.
In May, the Nigeria Labour Congress similarly argued in favour of workers’ right to participate in partisan politics following a circular by Head of Civil Service of the Federation Folashade Yemi-Esan, warning workers to keep off ahead of the 2023 general elections.
Ayuba Wabba, president of the NLC, had cited the then Chief Justice of Nigeria, Justice Mohammed Uwais, (Justice of Supreme Court), which stated that Nigerian workers are constitutionally free to participate in politics in line with the country’s constitution.
“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, trade union, or any association to protect his interests in a trade union or any association for the protection of his interests,” Mr Wanna had argued.
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