The Federal Government has reiterated the prohibition on
civil servants to partake in primary elections.
This was contained in a circular by the Head of the Civil
Service of the Federation, Dr. Folashade Esan, obtained on Friday.
The circular came hours after the Independent National
Electoral Commission asked political parties to conduct their primaries for the
nomination of candidates from April 4 to June 3.
The circular dated May 5 was titled, ‘Clarification on the
provision of public service vis-avis the Supreme Court judgement as it relates
to participation of civil servant in partisan politics’.
It read in part, “The Office of the Head of Civil Service of
the Federation has been inundated with requests for clarification on the
provision of Public Service Rules vis-à-vis the Supreme Court Judgment as it
relates to the participation of civil servants in partisan politics.
“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/210/11 dated 26th November
2018, HAGF &MJ asserted, inter Cilia 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: ‘provisions of Rules 030402(g), 030422
and 030423 of the Public Service Rules (2008 Edition) should be enforced … and
‘hot 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 the Honourable Attorney-General of the Federation/Minister of
Justice on the subject.”
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