Delta Guber Race; Why Mr Antony Chucks Obuh is not Eligible. By Samuel Askia The civil service is an institution characterised by permanence, anonymity and neutrality. It is therefore unethical for civil servants to play Partisan Politics or belong to Political Parties, doing so, negates the very basics of The Civil Service. The argument about the constitutional rights of association in this context, does not expressly apply to this group of citizens. Let me state here that Civil Servants are not the only group of citizens exempted from Partisan Politics, also in this category are members of the Judiciary, Armed forces and The Police. These are institutions that are characterised by discipline, Permanence and neutrality. Therefore, they represent the stability of every successful state. Permanence ensures continuity, a feature that must be prized in a country such as Nigeria, that has experienced a good deal of instability while “Neutrality ensures that civil servants are prohibited from having political affiliations; they are expected to faithfully and impartially serve any government in power.” Public interest demands the maintenance of political neutrality in The Civil Service. In the light of the above, the declaration of Mr Anthony Obuh, a retired Permanent Secretary Govt Hse & Protocol and Delta state Gubernatorial aspirant, that he had been a member of PDP since 2011, even when it is on record that he resigned from active civil service only three months ago, awoke again the debate on the propriety of prohibiting civil servants from belonging to political parties or otherwise participating in partisan politics, a debate that was originally sparked off by the decision of the Supreme Court in Independent National Electoral Commission and the Attorney General of the Federation v. Musa. Although, there was no express pronunciation on the subject matter, Learned JSc expressed obiter dictums (opinion voiced by a judge not Law). The plaintiffs argued that the statutory provision that a civil servant shall not be eligible for membership of a political party is unconstitutional. In his lead judgment, Mr. Justice Ayoola opined as follows: ... However, this conclusion is limited to the question of the validity of [the relevant provision of the Electoral Act] and is not related to any question, not now before this court in these proceedings, of the extent to which the activities, as members of a political party, of [civil servants and other public servants] can validly be restricted by relevant legislation in the interest of the public service. It may well be that the need to ensure objectivity of officers entrusted with the implementation of government programs, continuity of administration and to foster public confidence in and a healthy public perception of the public service are factors that may influence and justify some sort of restrictions. But, as earlier stated, that was not an issue in this appeal. In his concurring judgment, Mr. Justice Uwais, the Chief Justice of Nigeria, recognized that the civil service rules restrict the participation of civil servants and other public servants in politics and observed that the rules “are not a legislation per se as provided by the Constitution or subsidiary legislation, as they are not made under any enabling Act or Law.” He went on to suggest that the limitations violate the constitution: 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 interests. The section has made no exception and there is no proviso therein limiting its application to civil servants or public officers. “It is important to mention that the provisions of the [civil service rules] have not been challenged in this case and therefore their validity is not in issue for determination by this court.” Reference to the restriction had been made merely in passing by learned counsel... This goes to conclude that since the Civil service rules which restricts civil servants from belonging to Political Parties was not set aside by the Nigerian Supreme court, its Restriction remains valid. Colin Padfield also pointed out, “Entry to the civil service is a voluntary act, and those who cannot accept its conditions, particularly its neutrality in politics, can seek employment elsewhere.” Although the service offers a career until retirement, a civil servant who is bent on getting involved in politics retains the right to resign and go on to pursue his political ambition. Furthermore, In light of the concerns about a politicized civil service since the judgment of the Nigerian Supreme Court, the Head of the Civil Service of the Federation sought the advice of the Attorney General of the Federation. In a well-reasoned response, “the Attorney General stated that the Court had not decided that civil servants could belong to political parties.” Following this explanation, one expects that political neutrality – in the civil service – will be maintained unless and until it is specifically challenged in court and the court decides otherwise. It is on the strength of this clarification by the Attorney General of the Federation that I appeal to the Delta State Head of Service to immediately proceed on a verification exercise to sanitise the Delta state civil service of any and every Political Civil Servant. It is also clear that Mr Antony Obuh’s claim of belonging to PDP in 2011 when he was in acting service is unethical, irresponsible and condemnable. Therefore his purported membership was invalid and inconsequential. It is a conventional and legal practice of PDP to accept only eligible and legal members into their fold; Mr Antony Obuh was not an eligible member of PDP in 2011, as he was a serving civil servant. He had the option of resigning his position to play partisan politics but he never did so in 2011. The constitution of PDP and the guidelines for the 2014 Party Primaries clearly states that a person must have been a member of PDP for at least Two years before he is eligible to vie for any elective office under the Party. This again calls to question the eligibility of Mr Antony Obuh. Mr Antony Obuh is welcome to PDP as a card carrying member, but he should learn the ropes of partisanship in the Party before nursing any ambition. Responsibility and Integrity allows for a man to be truthful in his dealings especially Public dealings at all times. Since no Nigerian court has set aside the civil Service Procedure restricting civil Servants from Partisan Politics, The civil Service Procedure Stands: No Civil Servant can belong to a Political Party, civil servants must be Neutral in service. There is need to understand Political Participation from Partisan Politics. Deltans must rise up and condemn the Politicization of our Revered civil Service; the catastrophe of a Political civil Service is Unimaginable.
Posted on: Fri, 14 Nov 2014 22:10:30 +0000
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