A member of the House of Representatives, Kolawole Akinlayo, has called on the leadership of the All Progressives Congress (APC) to strictly enforce the provisions of Section 88(1) of the Electoral Act, 2026, in resolving the dispute arising from the party’s primary election for the Ekiti North Federal Constituency II seat.
Akinlayo, who represents the Moba/Ilejemeje/Ido Osi Federal Constituency in the House of Representatives, argued that the aspirant declared winner of the APC primary election held on 16 May, Mr Kunle Ibrahim, was constitutionally ineligible to participate in the exercise because he allegedly remained a political appointee at the time of the poll.
The lawmaker made the appeal while addressing journalists in Abuja after submitting separate petitions to the APC National Chairman and the party’s National Assembly Appeal Committee challenging the outcome of the primary election.
According to Akinlayo, strict adherence to both the Electoral Act and the APC Constitution is essential to preserving the credibility of the party’s internal democratic processes ahead of the 2027 general elections.
He maintained that the rule of law should prevail over political considerations, warning that any failure to enforce the provisions of the Electoral Act could undermine confidence in the party’s candidate selection process.
Akinlayo alleged that Ibrahim served 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 conduct of the APC primary election.
Citing Section 88(1) of the Electoral Act, 2026, the lawmaker argued that Ibrahim’s participation in the primary violated the law, which provides that political appointees are not eligible to vote or be voted for during party conventions, congresses or primary elections conducted for the nomination of candidates.
“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 said.
He also relied on the Supreme Court’s judgment in Tukur v. Mustapha (2023), contending that the apex court had established that political appointees seeking elective office must resign their appointments before participating in party primaries.
Beyond the issue of eligibility, Akinlayo alleged that the primary election was marred by widespread irregularities in several wards across the constituency.
According to him, the exercise was characterised by the absence of voter accreditation in some polling areas, alleged vote inflation in others, voter suppression and the disruption of voting in communities where his supporters reportedly enjoyed substantial backing.
The lawmaker further claimed that local government officials and party executives with vested interests in the outcome of the contest were appointed as returning officers, thereby compromising the credibility and transparency of the electoral process.
On the strength of the alleged violations, Akinlayo urged the APC leadership to disqualify Ibrahim under the relevant provisions of the Electoral Act and declare him the valid winner of the primary, having reportedly finished second in the contest.
In the alternative, he asked the APC National Assembly Appeal Committee to nullify the results from the affected wards where irregularities were allegedly recorded and order a fresh primary election involving only aspirants deemed qualified under the law.
“The purported winner is not qualified to participate in the primary election by virtue of Section 88(1),” he reiterated.
The dispute is among the first significant post-primary legal and political challenges within the APC as preparations for the 2027 general elections gather momentum. The party is expected to conclude its internal dispute resolution process before forwarding 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 seeking elective office must relinquish their appointments before participating in party primaries either as delegates or aspirants.
However, Ibrahim has rejected Akinlayo’s allegations, insisting that he fully complied with the law before contesting the primary election.
Speaking with journalists on Monday, Ibrahim stated that he resigned his appointment before participating in the exercise, in line with both the Electoral Act and a directive issued by President Bola Tinubu.
“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,” Ibrahim said.