CAN A CIVIL SERVANT BE A MEMBER OF A COOPERATIVE SOCIETY?

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Can a civil servant be a member of a cooperative society

INTRODUCTION

In today’s Nigeria, inflation is reducing wages and increasing the cost of living, making civil servants some of the most financially vulnerable workers. These government employees play a crucial role in governance, policy implementation, and public services, yet many struggle due to limited access to affordable credit, housing, and support services. In this context, cooperatives set up by civil servants themselves become essential lifelines.

Cooperatives act as a protective shield against economic challenges. By combining their resources, civil servants can access loans that they may not find in traditional banks. With high-interest rates in the regular banking system, cooperatives offer affordable loans for school fees, medical bills, starting businesses, and emergencies. For civil servants with modest monthly incomes, this support can be crucial for achieving financial stability and avoiding increasing debt.

WHAT IS A COOPERATIVE SOCIETY?

A cooperative society is a voluntary association of individuals who come together to achieve common economic, social, or cultural objectives through a jointly owned and democratically controlled enterprise. Cooperative societies in Nigeria thrive on the principles of mutual assistance, self-help, equality, and collective responsibility. Their primary goal is to enhance the welfare of their members rather than maximizing profits. These societies play a vital role in driving economic empowerment, promoting financial inclusion, reducing poverty, and fostering community development. Established and regulated under various state cooperative laws, they are recognized as powerful tools for positive change in local communities. They often operate as savings and credit societies, consumer cooperatives, agricultural cooperatives, housing cooperatives, transport cooperatives, and multipurpose cooperatives.

Cooperative societies actively focus on serving the collective interests of their members, unlike conventional business organizations that primarily aim to generate profits for shareholders. When they generate surplus, they distribute it among members or reinvest it for the society’s benefit..

FEATURES OF A COOPERATIVE SOCIETY

1.     Voluntary Membership: Membership in a cooperative society is voluntary. Individuals are free to join or leave the society without coercion, provided they satisfy the conditions prescribed in the society’s by-laws. This principle promotes freedom of association and inclusiveness.

2.     Democratic Control: A cooperative society is democratically governed by its members. Unlike companies where the number of shares held often determines voting power, cooperative societies generally operate on the principle of: “One member, one vote.” This ensures equality in decision-making irrespective of the amount contributed by individual members.

3.     Common Economic Interest: Members join a cooperative society because they share common economic, social, or professional interests. For example:

a.     Farmers may form agricultural cooperatives.

b.     Civil servants may form staff cooperatives.

c.      Traders may establish consumer cooperatives.

The objective is to achieve goals that may be difficult to attain individually or collectively.

4.   Joint Ownership: The cooperative is jointly owned by its members. Every member has a stake in the society and contributes to its growth through membership fees, savings, share contributions, or other approved means.

5.   Service-Oriented Objective: The primary purpose of a cooperative society is to provide services and benefits to its members rather than to maximize profit. Such services may include: savings opportunities, access to loans, housing schemes, agricultural support, and consumer goods acquisition.

6.  Priority on members’ welfare as against return on Capital invested: Capital invested in a cooperative society is not the principal basis for earning returns. The focus is on member welfare rather than investor profit. Any surplus generated is often distributed equitably among members or used to improve the society’s operations.

7.  Legal Recognition: A cooperative society acquires legal recognition upon registration under the applicable cooperative laws. Once registered, it may own property, enter into contracts, sue and be sued, and operate through its elected officers.

8.  Mutual Assistance and Self-Help: Cooperatives are founded on the principles of mutual aid and collective effort. Members pool their resources to solve common financial and social challenges, thereby promoting economic self-reliance.

9.  Open Membership: Membership is generally open to persons who satisfy the eligibility requirements contained in the cooperative’s by-laws without discrimination based on religion, ethnicity, gender, or political affiliation.

10. Distribution of Surplus: Where the cooperative generates surplus funds, such surplus is usually distributed among members according to the rules of the society or reinvested for the collective benefit of members. This distinguishes cooperatives from conventional profit-driven corporations.

11. Educational and Social Development Function: Many cooperative societies provide education, training, and capacity-building programs for members. They promote financial literacy, entrepreneurship, and community development.

12. Autonomy and Independence: Although cooperative societies may receive assistance from governments or other organizations, they remain autonomous entities managed and controlled by their members in accordance with their bylaws and applicable laws.

ELIGIBILITY CRITERIA FOR MEMBERS OF A COOPERATIVE SOCIETY

a. Willingness to Join: The person must be willing to become a member voluntarily.

b. Common Interest: Must share a common economic, social, or cultural interest with the society’s objectives.

c. Age: The member is usually required to be at least 18 years old, which may vary by jurisdiction.

d. Residence or Work: Often, the member should be residing or working in the area of operation of the society.

e. Ability to Use Services: The member should be capable of using the services or goods provided by the cooperative.

f. Paying Membership Fees: The person must be able to pay the membership fee or buy a share as per the society’s rules.

g. No Conflicts: Should not be a member of another cooperative society with conflicting objectives (depending on regulations).

TYPES OF MEMBERS IN A COOPERATIVE SOCIETY

  1. Individual Members: Single persons who join the cooperative to avail its services or benefits.
  2. Joint or Family Members: Sometimes, a family or a group (like a firm) can be admitted as a joint member with combined rights.
  3. Institutional Members: Organizations or institutions that join the cooperative society.
  4. Nominal Members: Those who are honorary members without voting rights, usually given in recognition.
  5. Associate Members: Members with limited rights, often included for specific purposes.
  6. Ordinary Members: Full members with voting and other participatory rights as per the society’s bye-laws.

Each cooperative society may have more specific classifications and eligibility rules defined in its bye-laws or local laws.

CAN A CIVIL SERVANT BE A MEMBER OF A COOPERATIVE SOCIETY?

The legality of the membership of a civil servant in a cooperative society in Nigeria must be examined in light of the constitutional right to freedom of association, the statutory framework governing cooperative societies, and the rules governing the conduct of public officers.

A holistic consideration of these legal instruments reveals that civil servants are generally qualified to become members of cooperative societies, provided such membership does not conflict with their official responsibilities or violate established public service regulations.

Membership is one of the fundamental elements of a cooperative society, as the existence and operation of a cooperative are dependent upon the participation of individuals who voluntarily associate for the promotion of their common economic, social, and welfare interests.

Under Nigerian law, the qualifications for joining a cooperative society depend on the applicable Cooperative Societies Law of the relevant State, the registered by-laws of that cooperative society, and internationally recognized cooperative principles.

The foundation for this position is found in Section 40 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), which guarantees every citizen the right to freely associate with others for the protection and advancement of their interests. This constitutional protection extends to membership of lawful associations, including cooperative societies established for economic, social, and welfare purposes. Since cooperative societies are recognized by law and operate within a regulated framework, civil servants are entitled to participate in them as an exercise of their constitutional rights.

In addition to constitutional protection, the various Cooperative Societies Laws operating within Nigeria do not impose any restriction on civil servants becoming members of registered cooperative societies. Membership is generally open to individuals who satisfy the requirements stipulated in the society’s registered by-laws, such as attaining the prescribed age, paying the required fees, and subscribing to the objectives of the society. The absence of any statutory exclusion of public officers from cooperative membership indicates that the legislature never intended to deny civil servants access to the benefits associated with cooperative participation.

The practical operation of cooperative societies in Nigeria further supports this position. Across the country, various cooperative societies actively support public servants. These include multipurpose cooperative societies for civil servants, cooperative societies for teachers, health workers, and even those tailored for employees of government ministries, departments, and agencies. The registration and continued operation of these societies under the supervision of relevant authorities constitute strong evidence of the legality of cooperative membership by civil servants.

Furthermore, an examination of the Public Service Rules demonstrates that while civil servants are prohibited from engaging in certain forms of private business that may conflict with their official duties, there is no provision expressly prohibiting them from joining cooperative societies. The rationale for this distinction lies like cooperative societies themselves. Cooperative societies thrive on the principles of mutual assistance, self-help, thrift, and collective economic advancement, setting them apart from traditional profit-driven businesses. When civil servants engage in cooperative societies for savings, credit facilities, housing schemes, or other welfare benefits, they actively participate in a framework that promotes shared growth. Therefore, their involvement is not typically seen as engaging in prohibited private business.

Nevertheless, membership of a cooperative society does not absolve a civil servant from compliance with the ethical obligations imposed by public service regulations. Public officers are expected to avoid circumstances that may create actual or perceived conflicts of interest. Therefore, where a civil servant occupies a leadership position within a cooperative society, care must be taken to ensure that such responsibilities do not interfere with official duties or compromise the integrity of the public service. Similarly, a civil servant must not use his official position to confer undue advantages on a cooperative society or to influence government decisions for the benefit of the society.

From a policy perspective, cooperative societies serve important socio-economic functions that complement government efforts to improve the welfare of workers. Through cooperative societies, civil servants gain access to affordable loans, housing opportunities, investment schemes, educational support, and emergency financial assistance. These benefits contribute significantly to financial stability and improved living standards among public servants. It is therefore unsurprising that many government institutions actively support cooperative activities among their employees through payroll deduction arrangements and other administrative mechanisms.

The position under international cooperative principles is equally supportive of civil servants’ participation. The International Labour Organization and the International Cooperative Alliance recognize cooperatives as voluntary and autonomous associations open to all persons willing to accept the responsibilities of membership without discrimination. These principles reinforce the inclusive nature of cooperative societies and further support the eligibility of civil servants to participate in their activities.

Accordingly, the combined effect of the Constitution, cooperative societies legislation, public service regulations, and international cooperative principles is that a civil servant in Nigeria is legally qualified to become a member of a cooperative society. Such membership represents a lawful exercise of the right to freedom of association and a legitimate means of promoting economic and social welfare. However, participation must be conducted in a manner that preserves the integrity, neutrality, and efficiency expected of public officers within the Nigerian public service.

CONCLUSION

The case for cooperatives is, therefore, a case for both economic justice and national productivity. A well-supported civil servant is not just a beneficiary of cooperative strength, but also a more motivated public worker, more able to carry out the responsibilities that sustain Nigeria’s governance system.
Nigeria stands at a time when collective solutions are needed more than ever. Cooperatives are not just financial safety nets; they are engines of dignity, empowerment, and resilience for those who keep the machinery of government running. Strengthening them is not an option, but a necessity.

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REFERENCES

Birchall, J. (2011). People-centred businesses: Cooperatives, mutuals and the idea of membership. Palgrave Macmillan.

Constitution of the Federal Republic of Nigeria, 1999 (as amended).

Federal Republic of Nigeria. (2021). Public Service Rules. Office of the Head of the Civil Service of the Federation.

Federal Republic of Nigeria. (2004). National policy on cooperative societies. Federal Ministry of Agriculture and Rural Development.

Federal Republic of Nigeria. (Various States). Cooperative Societies Law (as applicable in the relevant State).

International Cooperative Alliance. (2015). Guidance notes to the cooperative principles. International Cooperative Alliance.

International Labour Organization. (2002). Recommendation No. 193 concerning the promotion of cooperatives. International Labour Organization.

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