APC lawmaker challenges Ekiti primary result, citing Electoral Act violation

A member of Nigeria's House of Representatives, Kolawole Akinlayo, has formally challenged the outcome of the All Progressives Congress (APC) primary election for the Ekiti North Federal Constituency II. Akinlayo, representing the Moba/Ilejemeje/Ido Osi Federal Constituency, is urging the APC leadership to adhere strictly to the Electoral Act in resolving the dispute over the primary, which was held on May 16 as part of the candidate selection process for the 2027 general elections.

The core of Akinlayo's challenge lies in the alleged disqualification of the primary's declared winner, Kunle Ibrahim. According to Akinlayo, Ibrahim was a political appointee at the time the primary election was conducted and therefore legally ineligible to contest. This claim is based on Section 88(1) of the Electoral Act, 2026, which explicitly prohibits political appointees from serving as delegates or being voted for in party conventions, congresses, or primaries for candidate nominations.

Akinlayo's petition, filed with the APC National Chairman and the party's National Assembly Appeal Committee, highlights President Bola Tinubu's March 17 directive requiring all political appointees seeking elective office in 2027 to resign by March 31. This directive was intended to ensure compliance with electoral laws and create a level playing field. However, Akinlayo asserts that Ibrahim continued to receive remuneration from the government as a Special Assistant in the Office of the Secretary to the Government of the Federation until after the primary election, invalidating his participation.

To bolster his argument, Akinlayo referenced the Supreme Court judgment in Tukur v. Mustapha (2023), which affirmed that political appointees must relinquish their positions before seeking elective office. Akinlayo stressed the importance of upholding legal provisions over political considerations to maintain the credibility of the APC's internal democratic processes ahead of the crucial 2027 general elections.

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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.