A member of the House of Representatives, Kolawole Akinlayo, has urged the leadership of the All Progressives Congress to strictly enforce the provisions of Section 88(1) of the Electoral Act, 2026, in determining the outcome of the party’s primary election for Ekiti North Federal Constituency II.
- +Enforce Electoral Act provisions on primary, Ekiti lawmaker urges APC
Akinlayo, who represents Moba/Ilejemeje/Ido Osi Federal Constituency in the House of Representatives, argued that the aspirant declared winner of the May 16 primary election, Mr Kunle Ibrahim, was constitutionally ineligible to participate in the exercise because he was allegedly still serving as a political appointee at the time.
Akinlayo, who represents Moba/Ilejemeje/Ido Osi Federal Constituency in the House of Representatives, argued that the aspirant declared winner of the May 16 primary election, Mr Kunle Ibrahim, was constitutionally ineligible to participate in the exercise because he was allegedly still serving as a political appointee at the time.
The lawmaker made the call while addressing journalists in Abuja, following his petition to the APC National Chairman and the party’s National Assembly Appeal Committee challenging the outcome of the primary election.
He stressed that strict compliance with the Electoral Act and the APC Constitution was essential to safeguarding the integrity of the party’s internal democratic process ahead of the 2027 general elections.
According to Akinlayo, the law should take precedence over political considerations, warning that failure to enforce the provisions of the Electoral Act could erode confidence 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 and continued to receive salary up to May 2026, after the conduct of the primary election.
Citing Section 88(1) of the Electoral Act, 2026, Akinlayo argued that Ibrahim’s participation contravened the law, which provides that, “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 relied on the Supreme Court’s decision in Tukur v. Mustapha (2023), contending that political appointees seeking elective office must resign their appointments before participating 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,” he argued.
Beyond the issue of eligibility, Akinlayo alleged that the primary election was fraught with widespread irregularities across several wards in the constituency.
According to him, the exercise was characterised by the absence of voter accreditation in some areas, alleged vote inflation in others, voter suppression and disruption of voting in parts of the constituency where his supporters reportedly turned out in large numbers.
He further alleged that local government and party officials with vested interests in the outcome of the contest were appointed as returning officers, thereby compromising the credibility of the exercise.
On the strength of the alleged violations, Akinlayo urged the APC leadership to invoke the relevant provisions of the Electoral Act by disqualifying Ibrahim and declaring him the valid winner of the primary election, having reportedly finished second in the contest.
“The purported winner is not qualified to participate in the primary election by virtue of Section 88(1),” he reiterated.
In the alternative, he called on the APC National Assembly Appeal Committee to nullify the results from the affected wards where he alleged irregularities occurred and order a fresh primary election involving only qualified aspirants.
The dispute represents one of the first major post-primary legal and political challenges within the APC ahead of the 2027 general elections. The party is expected to conclude its internal dispute resolution process before submitting the names of its candidates to the Independent National Electoral Commission.
Section 88 of the Electoral Act, 2026, which mirrors provisions contained in the Electoral Act, 2022 regarding the participation of political appointees in party primaries, has remained a recurring subject of litigation in Nigeria’s electoral jurisprudence.
In Tukur v. Mustapha, the Supreme Court held that political appointees must relinquish their appointments before participating in party primaries either as delegates or aspirants.
The outcome of Akinlayo’s appeal is expected to determine the APC’s candidate for the 2027 House of Representatives election in Ekiti North Federal Constituency II.
Meanwhile, Ibrahim has dismissed the allegations, insisting that he complied with the law by resigning his appointment before participating in the primary election.
Speaking with our correspondent on Monday, Ibrahim 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.”
