•Kolawole Akinlayo
A member of the House of Representatives, Kolawole Akinlayo, has challenged the outcome of the All Progressives Congress (APC) primary election for Ekiti North Federal Constituency II, urging the party to uphold the provisions of the Electoral Act by disqualifying the declared winner over alleged constitutional ineligibility.
Akinlayo, who represents Moba/Ilejemeje/Ido Osi Federal Constituency in the House of Representatives, made the call while addressing journalists in Abuja yesterday.
His position follows a petition submitted to the APC National Chairman and the party’s National Assembly Appeal Committee contesting the outcome of the May 16 primary election, reports Daily Independent.
The lawmaker argued that strict compliance with Section 88(1) of the Electoral Act, 2026, and the APC Constitution was essential to safeguarding the credibility of the party’s internal democratic process ahead of the 2027 general elections.
He contended that the aspirant declared winner of the primary, Mr. Kunle Ibrahim, was constitutionally barred from participating in the exercise because he allegedly remained a political appointee at the time the primary was conducted.
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 conduct of the primary election.
He maintained that Ibrahim’s participation contravened Section 88(1) of the Electoral Act, 2026, 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.”
Relying on the Supreme Court’s decision in Tukur v. Mustapha (2023), Akinlayo argued that political appointees seeking elective office are required to relinquish their appointments before participating in party primaries, whether as delegates or aspirants.
“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 question of eligibility, the federal lawmaker alleged that the primary election was characterised by widespread irregularities across several wards in the constituency.
He claimed that the exercise witnessed the absence of voter accreditation in some locations, inflation of votes in others, suppression of voters, and disruption of voting in areas where he said his supporters had turned out in significant numbers.
Akinlayo 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 breaches, he 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, having reportedly placed 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, Akinlayo appealed to the APC National Assembly Appeal Committee to nullify the results from the wards where he alleged irregularities occurred and order a fresh primary election involving only aspirants qualified under the law.
The dispute represents one of the earliest major post-primary challenges confronting the ruling party ahead of preparations for the 2027 general elections. The APC 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 substantially mirrors the provisions of the Electoral Act, 2022 on the participation of political appointees in party primaries, has increasingly featured in Nigeria’s electoral litigation. In its decision in Tukur v. Mustapha, the Supreme Court affirmed that political appointees must resign their appointments before participating in party primaries either as delegates or aspirants.
The outcome of Akinlayo’s appeal is expected to shape the APC’s candidature for the Ekiti North Federal Constituency II seat in the 2027 House of Representatives election and may further test the party’s commitment to enforcing its internal rules and the provisions of the Electoral Act.
