y Aaron Ossai
A member of the House of Representatives, Kolawole Akinlayo, has urged the leadership of the All Progressives Congress (APC) to enforce the provisions of Section 88(1) of the Electoral Act, 2026, in resolving the dispute arising from the party’s primary election for Ekiti North Federal Constituency II.
Akinlayo, who represents Moba/Ilejemeje/Ido Osi Federal Constituency in the 10th House of Representatives, made the appeal while addressing journalists in Abuja on Sunday. His comments followed a petition he submitted to the APC National Chairman and the party’s National Assembly Appeal Committee challenging the outcome of the May 16 primary election.
The lawmaker argued that strict compliance with the Electoral Act and the APC Constitution is essential to safeguarding the party’s internal democratic process ahead of the 2027 general elections.
He contended that the aspirant declared winner of the primary, Kunle Ibrahim, was constitutionally ineligible to contest because he allegedly remained a political appointee at the time of the election.
According to Akinlayo, Ibrahim was serving as a Special Assistant in the Office of the Secretary to the Government of the Federation and continued to receive salary until May 2026, after the primary election had been conducted.
He maintained that Ibrahim’s participation contravened Section 88(1) of the Electoral Act, 2026, which states that a political appointee at any level shall not serve as a voting delegate or be voted for during party conventions, congresses or primaries conducted for the nomination of candidates.
Akinlayo also cited the Supreme Court judgment in Tukur v. Mustapha (2023), arguing 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 said.
Beyond the eligibility question, the lawmaker alleged that the primary election was marred by widespread irregularities across several wards in the constituency.
He claimed there was no accreditation of voters in some areas, while votes were allegedly inflated in others. He further accused party officials of voter suppression and disrupting voting in areas where his supporters reportedly turned out in large numbers.
Akinlayo also 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.
He called on the APC leadership to disqualify Ibrahim on the grounds of alleged ineligibility and declare him the valid winner of the primary, having reportedly finished second in the contest.
Alternatively, he urged the party’s National Assembly Appeal Committee to cancel the results from the affected wards and conduct a fresh primary election involving only aspirants deemed qualified under the Electoral Act.
The dispute is among the first major post-primary challenges facing the APC ahead of the 2027 general elections, as the party continues its internal dispute resolution process before submitting the names of its candidates to the Independent National Electoral Commission, INEC.
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.
