A member of the House of Representatives, Kolawole Akinlayo, has asked the leadership of the All Progressives Congress (APC) to strictly apply the provisions of the Electoral Act in resolving the dispute arising from the party’s primary election for Ekiti North Federal Constituency II.
Mr Akinlayo, who represents Moba/Ilejemeje/Ido Osi Federal Constituency, argued that the aspirant declared winner of the primary election, Kunle Ibrahim, was legally disqualified from contesting the exercise because he allegedly remained a political appointee at the time the primary was conducted.
The lawmaker stated this while speaking with journalists in Abuja on Sunday, weeks after filing petitions before the APC National Chairman and the party’s National Assembly Appeal Committee challenging the outcome of the primary election.
The APC held its House of Representatives primary elections on 16 May as part of the process for selecting candidates ahead of the 2027 general elections.
Mr Akinlayo said compliance with both the Electoral Act and the APC constitution was essential to maintaining the credibility of the party’s internal democratic processes ahead of the 2027 general elections.
According to him, political considerations should not override clear legal provisions governing the conduct of party primaries.
At the centre of the dispute is Section 88(1) of the Electoral Act, 2026, which bars political appointees from participating either as delegates or aspirants in party conventions, congresses and primaries organised for the nomination of candidates.
The section states: “A political appointee at any level shall not be a voting delegate or be voted for during party conventions, congresses or primaries of any political party for the purpose of the nomination of candidates for any election.”
President Bola Tinubu had on 17 March, directed all political appointees seeking elective offices in the 2027 general elections to resign their appointments on or before 31 March.
The directive was based on Section 88(1) of the Electoral Act, 2026, and the timetable released by the Independent National Electoral Commission (INEC) for party primaries.
The president said the measure was necessary to ensure compliance with electoral laws, uphold transparency in the political process and guarantee a level playing field for all aspirants seeking party nominations.
However, according to Mr Akinlayo, Mr Ibrahim was serving as a Special Assistant in the Office of the Secretary to the Government of the Federation when the primary election took place and continued to receive remuneration from the government until after the exercise.
On that basis, he contended that Mr Ibrahim lacked the legal capacity to participate in the primary election and that his victory could not stand.
To support his argument, Mr Akinlayo cited the Supreme Court judgement in Tukur v. Mustapha (2023), which affirmed that political appointees seeking elective positions must first relinquish their appointments before taking part in party primaries.
“The purported winner is not qualified to participate in the primary election by virtue of Section 88(1) and his participation, in the eyes of the law, is a nullity ab initio,” the lawmaker said.
Allegations of irregularities
Beyond the question of eligibility, the federal lawmaker also alleged that the primary election was characterised by several procedural violations across parts of the constituency.
He claimed that voter accreditation was not conducted in some wards, while vote figures were allegedly manipulated in others. He further alleged incidents of voter suppression and disruption of the electoral process in areas where his supporters reportedly enjoyed significant backing.
Mr Akinlayo also questioned the neutrality of some officials involved in the conduct of the primary, alleging that individuals with direct interests in the outcome of the contest were appointed to key electoral roles, including returning officers.
According to him, such actions compromised the credibility and transparency of the exercise.
Demands before party leadership
The lawmaker urged the APC leadership to enforce the provisions of the Electoral Act by disqualifying Mr Ibrahim and recognising him as the rightful winner of the primary election, having emerged second in the contest.
Alternatively, he asked the party’s National Assembly Appeal Committee to invalidate the results from wards where alleged irregularities occurred and order a fresh primary election restricted to aspirants deemed qualified under the law.
The dispute is expected to test the APC’s internal conflict-resolution mechanisms as the party begins preparations for the 2027 general elections.
The outcome of the appeal could determine who eventually flies the party’s flag for the House of Representatives seat in Ekiti North Federal Constituency II.
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Legal significance
Section 88 of the Electoral Act, 2026, retains provisions similar to those contained in the Electoral Act, 2022 regarding the participation of political appointees in party primaries. The provision has featured prominently in several electoral disputes and court cases in recent years.
In its decision in Tukur v. Mustapha, the Supreme Court held that political appointees must resign or relinquish their appointments before participating in party primaries, either as delegates or as aspirants seeking nomination.
