MEMO: FG Bars Civil Servants From Party Primaries But Silent On Political Appointees’ Refusal To Resign

Ahead of the primary elections of various political parties in the country, the Federal Government has invoked sections of the Public Service Rules (2008 edition) barring civil servants from engaging in partisan politics.

The Head of Service of the Federation, Folasade Yemi-Esan, has issued a circular to that effect after consulting with Mr. Abubakar Malami, the Attorney-General of the Federation and Minister of Justice.

In the circular seen by THE WHISTLER, Yemi-Esan said her office had been inundated with requests for clarification on the provisions of the Public Service Rules as they pertain to partisan politics.

Quoting Malami’s advice, the HoS cited relevant provisions in the operational framework that forbid civil servants from offering themselves or nominating aspirants for elective positions.

She quoted the AGF as advising thus: “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 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 that 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.”

Yemi-Esan added, “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.”

Rule 030422 of the Public Service Rules stipulates that “No officer shall, without express permission of the government, whether on duty or leave of absence: (b) offer himself/herself or nominate anyone else as a candidate for any elective public office including membership of a Local Government Council, State or National Assembly.
“(c) indicate publicly his support of or opposition to any party, candidate or policy;
“(d) engage in canvassing in support of political candidates.

Rule 030423 of the Public Service Rules requires that “Resignation is necessary before seeking elective public office. Howbeit, any officer wishing to engage in partisan political activities or seek elective public office shall resign his/her appointment forthwith.”

Meanwhile, in defiance of Section 84 (12) of the Electoral Act of 2022, ministers and some political appointees have ignored the provision in the Act which requires them to resign from their positions to be able to participate in certain political events.

The section provides that, “No political appointee at any level shall be voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election”.

Section 84 (13) further dictates: “Where a political party fails to comply with the provision of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.”