2027: Nigerian civil servants to fully participate in politics as Supreme Court delivers judgement in their favour

Francis Tayor 

Abuja, Nigeria____ In a significant affirmation of constitutional rights, the Supreme Court of Nigeria has ruled that civil servants are free to participate in political activities, marking a turning point in the nation’s legal and democratic history. The judgment, which stems from the long-standing case of INEC Vs Balarabe Musa & Others (2003) 10 WRN 1, provides a definitive interpretation of Section 40 of the 1999 Constitution as it relates to political association.

Apex Court Judgment Offers Constitutional Clarity:

Delivering the lead judgment, Honourable Justice Ayoola of the Supreme Court emphasized that there was no constitutional basis for the restrictive Civil Service Rules that barred civil servants from political participation. The court held that:

“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 or Civil Service from eligibility to be registered as a member of a political party.”

Justice Ayoola rejected the argument that the restriction was justified under Section 45(1)(a) of the Constitution. The court maintained that such limitations violate the fundamental rights to freedom of association as provided in Section 40.

Former Chief Justice

In a concurring judgment, then Chief Justice of Nigeria, Hon. Justice Uwais, echoed the unconstitutionality of barring civil servants from political associations. He stated unequivocally:

“The provisions of Section 40 of the 1999 Constitution are clear. 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 or trade union or any other association for the protection of his interest. The section has made no exceptions.”

Though the Civil Service Rules (PSR 2008 Edition) were not explicitly invalidated in that specific case because their legal validity was not directly challenged, this judgment casts serious doubt on the enforceability of those portions that restrict political participation.

Head of Civil Service Responds:

Following numerous inquiries and legal concerns from Nigerian workers, the Head of the Civil Service of the Federation released a circular dated 5th May 2022, referencing the Supreme Court’s judgment. The circular clarified that civil servants are, in fact, constitutionally free to participate in partisan politics, provided they adhere to general public service ethics and avoid conflict of interest during active service.

This development has been widely praised by good governance advocates and workers’ unions across the country. Hon. Bashir B. Madaki, a prominent voice for political inclusivity and an advocate for good governance, described the ruling as “a liberation of constitutional rights that have long been trampled upon by overreaching bureaucratic interpretations.”

Implications for Future Elections:

The judgment opens the door for thousands of public servants who have long remained politically passive due to fear of sanctions. With the 2027 general elections on the horizon, political parties may now witness an influx of new political actors from the civil service space, bringing professional expertise and administrative experience into political leadership.

Legal analysts also suggest that unless a fresh suit is brought to specifically challenge the relevant Civil Service Rules and strike them down, the ambiguity between constitutional rights and administrative rules may still require further legal interpretation. However, the Supreme Court’s position is clear: constitutional provisions override any inconsistent administrative rules or regulations.

A New Era for Nigeria’s Democracy:

This Supreme Court pronouncement is being hailed as a landmark clarification that reinforces Nigeria's democratic ideals and the right of all citizens — including those in civil service — to freely participate in the governance of their country.

As more civil servants awaken to their political rights, the political landscape in Nigeria may soon reflect a broader representation of society, bridging the gap between governance and public service.