Abia Civil Servants Should Exercise Their Constitutional Right to Politics – Hon. Ceekay Igara

Aba/Umuahia — The Labour Party’s gubernatorial candidate in Abia State, Hon. Ceekay Igara, has called on civil servants across the state to take full advantage of their constitutional right to participate in politics, describing a landmark Supreme Court authority on the matter as a clarification long overdue for Nigerian workers.

Speaking with our correspondent on the recurring debate over whether public servants may belong to political parties, Hon. Ceekay referenced the Supreme Court’s decision in INEC v. Balarabe Musa & Others (2003) 10 WRN 1, in which the apex court held that provisions of the Civil Service Rules restricting political participation by public officers could not stand against the guarantees of the 1999 Constitution.

In the lead judgment, delivered by Justice Ayoola, JSC, the court found no reasonable justification on grounds of defence, public safety, public order, morality, or health for barring any member of the public or civil service from registering as a member of a political party. The court rejected the argument that such a restriction could be validly excused under Section 45(1)(a) of the Constitution as a derogation from Section 40.

In a concurring opinion, the then Chief Justice of Nigeria, Justice Muhammadu Uwais, held that Section 40 of the 1999 Constitution makes no exception for public office holders or civil servants, and guarantees every Nigerian regardless of employment status the freedom to associate with and belong to a political party, trade union, or other association.

The Head of the Civil Service of the Federation had, in a May 5, 2022 circular, directed civil servants to observe the Public Service Rules (2008 edition) on partisan politics, noting that her office had received a wave of requests for clarification following renewed public interest in the apex court’s position.

Reacting to the question, Hon. Ceekay described the judicial pronouncement as a welcome development that should reassure Abia’s civil servants that their interests will be protected regardless of which party holds power in the state. “Civil servants belonging to different political parties only strengthens the guarantee that their interests are respected no matter who is in government,” he said, urging greater civic participation ahead of the 2027 general elections.

He called on Abia workers and residents alike to become more actively engaged in shaping the state’s political direction, insisting that broad-based participation including by the civil service was essential to building “a better Abia, and by extension, a better Nigeria.”