₦airaland Forum

Hmmm

pek:
Until one is made a scape goat.

I don't know if you are a civil servant but I can tell you for free, nobody is being made any scape goat, except kyari ofcourse

ibechris:
*Civil Servants Can Participate In Politics – Constitution, Supreme Court, Lawyers*

By Funsho Jegede

The argument against civil servants’ participation in politics is already invalidated by constitutional interpretation delivered by the Supreme Court in 2018, stakeholders and lawyers have clarified.
The clarification is coming against the background of alleged involvement of some civil servants in politics, an apparent attack from fellow contestants who are possibly afraid of the strengths and connections of such civil service personnel.

Previous reports have however copiously shown that the civil service regulation which barred civil servants from participating in politics is against constitutional right of this group of Nigerians as guarranteed by the constitution. The Supreme Court ruling has therefore nullified that public service regulations or any other regulations that purported to take away that constitutional rights.
A January 2018 Supreme Court judgement ruled that civil servants could be members of political parties of their choice as provided for in the 1999 Constitution. The Supreme Court ruling was part of its clarification of the November 8, 2002 judgement in which it nullified most of the guidelines issued by the Independent National Electoral Commission (INEC) on registration of new political associations.
“The constitution of the country is very clear about this. Only if you are contesting in a general election that you are mandated to resign from service 30 days to the general elections, that is all; and I can serve you with judgements upon judgements of the Supreme Court about this. Even the APC guidelines allow you to contest primaries and go back to your work,” a person affected by the development noted.
This issue came up for consideration in the Supreme Court case of the INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) and ATTORNEY GENERAL OF THE FEDERATION VS ALHAJI ABDULKADIR BALARABE MUSA, ALHAJI KALLI ALGAZALI & 3 OTHERS. SUIT NO:SC.228/2002.
In that case, the supremacy of the Constitution against any other law or regulations, was upheld. In concurring with the judgement of his learned brother Ayoola, JSC, and in response to the INEC counsel objection to the Civil or public Servant Membership of a political party, Justice M.L. Uwais, CJN, as he than was, stated the following ”
The civil( public) Service rules place some restrictions on public office holders including civil servants, with regard to participation in politics or political activities. For instance the current Federal Government civil (public) Service rules provide in rules 04421 and 04422 as follows :- 04421. No officer shall without express permission of the Government, whether on duty or leave of absence:
(a) hold any office, paid or unpaid, permanent or temporary, in any political organisation
(b) offer himself or nominate anyone else as a candidate for any elective office including membership of a Local Government Council, State or National Assembly
(C) engage in canvassing in support of a political candidates. Nothing in this rule shall be deemed to prevent an officer from voting in an election.
Rule 04422. Resignation necessary before seeking elective public office. Howbeit, any officer wishing to engage in partisan political activities or seek elective public office shall resign his appointment forthwith”. Justice Uwais went on to say ” the civil (public)service rules are not legislation per se as provided by the constitution nor subsidiary legislation, as they are not made under any enabling Act or law.
These limitations are emphasised by rule 01001 of the rules which provides in respect of some categories of some public office holders that these rules only apply to the extent that they are not inconsistent with the provisions of the Constitution of the Federal Republic of Nigeria in so far as their conditions of Service and any other law applicable to these officers are concerned”.
His Lordship continue by quoting section 40 of the constitution of the Federal Republic of Nigeria, 1999 which provides that every person shall be entitled to assemble freely and associate with other persons and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests. In his lucid characteristics, Justice Uwais than concluded that ” 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 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. Since section 40 of the 1999 constitution has specifically allowed every person the right to assemble and associate with any other persons in order to inter alia form or belong to any political party for the protection of his interests” any law or regulation to the contrary is inconsistent wih the provision of the constitution.
Therefore based on the above case law, civil or public servants are allowed to participate in political activities including belonging to a political party under the provisions of section 40 of the 1999 Constitution.”
Meanwhile, Daily Trust had also reported that lawyers said no law expressly forbids civil servants from participating in politics provided they resign their office 30 days before contesting for an elective position.
The lawyers said the provisions of sections 66 (1); 107 (1) (f); 137 (1) (g); 142(2); 182 and 187(2) of the 1999 Constitution are consistent that an individual in public service must resign their position 30 days to an election for all the various positions such as: Senate, House of Representatives, House of Assembly, Governor and Deputy Governor, President and Vice President.
In his view, Ahmed Raji (SAN) said the Supreme Court had pronounced on the matter that every Nigerian, including civil servants, can associate freely in political parties.
“They can retain their position as candidates but before the election they must resign, that is what the constitution says,” he said.
Also, former Attorney General of Ekiti State, Dayo Akinlaja (SAN) said no law bars civil servants from belonging to political parties and participating in political activities.
“Interestingly enough, when I was Attorney General, I had to give an advice about it that there is no such law,” he said.
“Take for instance that the constitution says that if anybody wants to contest for an election, the person has to resign from office within a given period of time. So that to my mind suggests that the law envisages that the person must have been participating in politics one way or the other while in office. So, it is only when the person now wishes to contest that the law would require him or her to resign,” he added.
Citing Section 222 of the Constitution, Hamid Ajibola Jimoh Esq. said it is the right of every Nigerian, including civil servants, to belong to political parties except those exempted by nature of their work


*(copied)*

Thanks. Just seeing this. Thought you were referring to the recent electoral bill that was passed

Yes now. The only challenge you would face is that while you have all the money to do business, there is no time. Meanwhile, if you are not working you have all the time to yourself. This is one big challenge many

jkingx:
With the current state of the economy in Nigeria, many persons (including civil/public servants) currently see the need to create an additional means of income for themselves, and in some cases, there is an urgent need to set up structures for such businesses while maintaining their employment as either employees of private organisations or civil servants.
Our concern today however is as regards civil servants. Can they take up positions as directors of a private company in the course of employment?
Please note, a civil servant and a Public Servant are the same. Part 2 of the Fifth Schedule of the 1999 Constitution of the Federal Republic of Nigeria defines a public servant to include; Chairman, members and Staffs of Local Government Councils, Chairman and members of Boards of other governing bodies and staff of statutory corporations and of companies in which the Federal or State Government has controlling interest, etc.
As regards the issue at hand, Sections 1, 2 and 4, Part 1 of the Fifth Schedule of the Constitution of the Federal Republic of Nigeria, provides a clear answer to the question in issue.
Specifically, Section 2 states;
“Without prejudice to the generality of the foregoing paragraph, a public officer shall not-
(a) receive or be paid the emoluments of any public office at the same time as he receives or is paid the emoluments of any other public office; or
(b) EXCEPT WHERE HE IS NOT EMPLOYED ON FULL TIME BASIS, ENGAGE OR PARTICIPATE IN THE MANAGEMENT OR RUNNING OF ANY PRIVATE BUSINESS, PROFESSION OR TRADE but nothing in this sub- paragraph shall prevent a public officer from engaging in farming”
(emphasis mine)
From the above, it goes without saying that only civil/public servants who are employed on a part-time basis may lawfully engage or participate in the management or running of a private business which may require assuming a role as director of a private company. This makes a lot of sense as without doubt, taking on responsibility as director of any company requires a great measure of commitment and focus.
CAN A CIVIL SERVANT BE APPOINTED AS DIRECTOR OF A PRIVATE COMPANY UPON RETIREMENT?
Section 4, Part 1 of the Fifth Schedule addresses this concern. It states;
“A public officer shall not, after his retirement from public service and while receiving pension from public funds, accept more than one remunerative position as chairman, director or employee of-
(a) a company owned or controlled by the government; or
(b) any public authority.”
From the above provision, it goes without saying that a retired civil/public servant can only accept more than one remunerative positions as director of a private company.
SUMMARY
Only civil servant employed on a part time basis are permitted by law to engage in or participate in the running of a private business as directors of a private company.
However, civil servants employed on a full time basis can take on the role as director of a private company (s) only upon retirement.
The can only engage in farming as a private business venture while fully employed in the civil service.
CONCLUSION
The civil service is regulated by a code of conduct, as such civil servants must take serious note of the scope of their limitations as regards undertaking private business activities while in employment

https://lexpraxisng.com/can-a-civil-servant-be-a-director-of-a-company-in-nigeria/

Thank you very much, if i understand section 2(b) one can do business that doesn't require fulltime engagement

OlujobaSamuel:
Thanks. Just seeing this. Thought you were referring to the recent electoral bill that was passed

My problem with u guys here is that,u guys argue even when the facts are presented to you.

Shame on u.

Read and stop this your stupid argument.
My boss in the office is a civil servant and he is a member of the APC and he is contesting for governorship position in his state.

Because he knows the law and he is following it the way it should constitutionally.

OlujobaSamuel:
Thanks. Just seeing this. Thought you were referring to the recent electoral bill that was passed

I say what I know and facts and with my fact I simply will not argue with anybody here....after all,we are here to learn.

I have never written anything I don't know on this thread,I say it because I must have dug the true facts out before I let it out.

you have to declare your asset, so any undeclared asset will be presumed stolen. Many civil servants are into personal business, do at your risk. pipe low and dont look for trouble and hopefully you will scale through. you can also invest in you brother's name

Ultimate16:
Nigerians are never contempted with what they have,

Is not a Nigerian thing, show me any man that ever stops looking for money with the exception of old and the sick

ibechris:
My problem with u guys here is that,u guys argue even when the facts are presented to you.

Shame on u.

Read and stop this your stupid argument.
My boss in the office is a civil servant and he is a member of the APC and he is contesting for governorship position in his state.

Because he knows the law and he is following it the way it should constitutionally.

ibechris:
I say what I know and facts and with my fact I simply will not argue with anybody here....after all,we are here to learn.

I have never written anything I don't know on this thread,I say it because I must have dug the true facts out before I let it out.

Looking at the two post above, isn't it an irony to you that it's coming out from the same mind. Must everything be about dragging issue for fame or glory?
Kindly learn to pass/share knowledge in a more humble way.
Shalom

maticar:
I don't know if you are a civil servant but I can tell you for free, nobody is being made any scape goat, except kyari ofcourse

Abba Kyari case is different he is alleged to be into illegal dealing. Here we are talking of making legal money aside your Salary.

onlysose:
you have to declare your asset, so any undeclared asset will be presumed stolen. Many civil servants are into personal business, do at your risk. pipe low and dont look for trouble and hopefully you will scale through. you can also invest in you brother's name

Hahaha

This is serious, what if i declare a big asset and they question it?

But most workers are not declaring their assets.

Yeah

You will have to declare them in your asset declaration form.

You can only be a farmer as a federal government worker.

mytravels:
Hi guys

Please i have a question, the way i am seeing EFCC and ICPC confiscating corrupt politicians and government workers assets, what if ones money is not from stealing public funds?

I am still young and have this big dream of becoming rich, and i know with government job you will never be rich( i mean rich).

So what if i start business and it become successful such that i have assets everywhere, will EFCC still seize those assets thinking i got them by stealing public funds, or what did Nigerian law says?

You can be a businessman irrespective of the sector

Business is about providing value either in form a product or service

A business is an entity that has it's own cash flow and account statement

If confronted by the EFCC and ICPC, the ability for you to show a foul free proof of how your capital and running expenses are been gotten and used in the business explains more than a lot of stories

mytravels:
Hi guys

Please i have a question, the way i am seeing EFCC and ICPC confiscating corrupt politicians and government workers assets, what if ones money is not from stealing public funds?

I am still young and have this big dream of becoming rich, and i know with government job you will never be rich( i mean rich).

So what if i start business and it become successful such that i have assets everywhere, will EFCC still seize those assets thinking i got them by stealing public funds, or what did Nigerian law says?

mytravels:
Hi guys

Please i have a question, the way i am seeing EFCC and ICPC confiscating corrupt politicians and government workers assets, what if ones money is not from stealing public funds?

I am still young and have this big dream of becoming rich, and i know with government job you will never be rich( i mean rich).

So what if i start business and it become successful such that i have assets everywhere, will EFCC still seize those assets thinking i got them by stealing public funds, or what did Nigerian law says?

Go and read your employee policy/guidelines for civil servants, you will find the answer there.

mytravels:
Hi guys

Please i have a question, the way i am seeing EFCC and ICPC confiscating corrupt politicians and government workers assets, what if ones money is not from stealing public funds?

I am still young and have this big dream of becoming rich, and i know with government job you will never be rich( i mean rich).

So what if i start business and it become successful such that i have assets everywhere, will EFCC still seize those assets thinking i got them by stealing public funds, or what did Nigerian law says?

Yes of course just don't do contracts and government inclined biz. ICT, Agriculture, Education are okay. Chat me up bro, Iets share thoughts. 08089456258

GO AHEAD BUT dont use your official time fr private business and please note conflict of interest. We need to know your ministry and the business you want to do so that you will not be using your official post to serve personal interest

mytravels:
Hi guys

Please i have a question, the way i am seeing EFCC and ICPC confiscating corrupt politicians and government workers assets, what if ones money is not from stealing public funds?

I am still young and have this big dream of becoming rich, and i know with government job you will never be rich( i mean rich).

So what if i start business and it become successful such that i have assets everywhere, will EFCC still seize those assets thinking i got them by stealing public funds, or what did Nigerian law says?

I will advise you to be smart about it. Almost every public servant has a side business but only those that are caught are labeled criminals. Legally, public servants are only permitted to be engaged in livestock businesses in addition to their government jobs. So, to do any other business asides livestock, you have to find a way to ensure your name is not involved in it, else, you are liable to a criminal offense if caught.

rafcrown:
GO AHEAD BUT dont use your official time fr private business and please note conflict of interest. We need to know your ministry and the business you want to do so that you will not be using your official post to serve personal interest

Its NTI, and i am in my second year of employment, is not that the salary is bad but i don't think it will sustain me in the long run, especially that i am thinking of starting a family soon.

I know some will say i am an ingrate, but remember we all have dreams.

I am thinking of going into real estate and food stuffs