LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fundamental Rights — Right to Associate — Civil Servants — Restriction on Political Party Membership
PRINCIPLE STATEMENT
Section 40 of the 1999 Constitution gives every person, including civil servants, the freedom to associate and belong to any political party. The section makes no exception for civil servants or public officers.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in INEC & Anor v. Musa & Ors (2003) NLC-2282002(SC) at pp. 30–31; Paras A–C.
"Section 40 of the 1999 Constitution is clear. Its 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 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."
EXPLANATION / SCOPE
Civil servants have the constitutional right to belong to political parties. The principle applies to constitutional law. No exception exists for public officers. The rule protects political participation. Any restriction must be justified. The principle is well-established.
