A member of the House of Representatives, Kolawole Akinlayo, has urged the All Progressives Congress (APC) to strictly follow Section 88(1) of the Electoral Act, 2026. This is important in deciding the outcome of the party’s primary election for Ekiti North Federal Constituency II.
Akinlayo represents Moba/Ilejemeje/Ido Osi Federal Constituency. He claims that the winner of the May 16 primary election, Mr Kunle Ibrahim, should not have participated in the election since he was still a political appointee.
The lawmaker spoke to journalists in Abuja after submitting his petition to the APC National Chairman and the party’s National Assembly Appeal Committee about the primary election results. He stressed that following the Electoral Act and the APC Constitution is key to keeping the party's democratic process intact before the 2027 general elections.
Akinlayo said the law should come first over political interests. He warned that not enforcing the provisions of the Electoral Act could damage trust in the party’s candidate selection process.
He alleged that Ibrahim was a Special Assistant in the Office of the Secretary to the Government of the Federation. He claimed Ibrahim continued to receive his salary until May 2026, after the primary election.
Akinlayo cited Section 88(1) of the Electoral Act, 2026. He stated that it clearly says, “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.”
He also referenced the Supreme Court case Tukur v. Mustapha (2023). He argued that political appointees must resign before they can join party primaries. He said, “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.”
Akinlayo pointed out that the primary election was marred by many irregularities in different wards. He claimed there was no voter accreditation in some places. He also mentioned issues like vote inflation, voter suppression, and interruptions in voting where his supporters showed up in large numbers.
He further alleged that local government and party officials who wanted a specific outcome were appointed as returning officers. This, he said, hurt the credibility of the election.
Given these alleged problems, Akinlayo asked the APC leadership to use the relevant parts of the Electoral Act to disqualify Ibrahim. He called for the party to declare him the rightful winner since he reportedly came second in the primary.
He repeated his claim, saying, “The purported winner is not qualified to participate in the primary election by virtue of Section 88(1).”
As an alternative, he asked the APC National Assembly Appeal Committee to cancel the results from the wards with reported irregularities. He wants a fresh primary election to include only qualified candidates.
This situation is one of the first significant legal and political challenges for the APC after the primaries as the party approaches the 2027 general elections. The APC needs to resolve its internal issues before sending its candidates' names to the Independent National Electoral Commission.
Section 88 of the Electoral Act, 2026, has similar rules as the Electoral Act, 2022 about political appointees in party primaries. This issue often comes up in Nigeria’s election laws.
In Tukur v. Mustapha, the Supreme Court ruled that political appointees must leave their positions before they can join party primaries as either delegates or candidates.
The outcome of Akinlayo’s appeal will likely decide who the APC will put forward for the 2027 House of Representatives election in Ekiti North Federal Constituency II.
Meanwhile, Ibrahim has denied the allegations. He insists he followed the law by resigning before the primary election. He said, “I resigned my appointment as SSA to the President on National Assembly matters. This was done in compliance with the law and the directive of Mr President.
“Whoever wants to verify that can always cross-check at the office of the Secretary to the Government of the Federation.”
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