By Gift ChapiOdekina, Abuja
A member of the House of Representatives, Hon. Kolawole Akinlayo, has urged 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 Ekiti North Federal Constituency II.
Akinlayo, who represents Moba/Ilejemeje/Ido Osi Federal Constituency, made the call while addressing journalists in Abuja after submitting a petition to the APC National Chairman and the party’s National Assembly Appeal Committee challenging the outcome of the May 16 primary election.
The lawmaker alleged that the aspirant declared winner of the primary, Mr. Kunle Ibrahim, was not qualified to contest because he allegedly remained a political appointee at the time of the election.
According to him, Ibrahim was serving as a Special Assistant in the Office of the Secretary to the Government of the Federation (SGF) and continued to receive his salary until May 2026, after the conduct of the primary election.
Akinlayo argued that Ibrahim’s participation violated Section 88(1) of the Electoral Act, 2026, which bars political appointees from contesting party primaries or serving as delegates unless they first resign their appointments.
He maintained that strict compliance with the Electoral Act and the APC Constitution is essential to preserving the integrity of the party’s internal democratic process ahead of the 2027 general elections.
“The purported winner was not qualified to participate in the primary election by virtue of Section 88(1), and his participation is, in the eyes of the law, a nullity ab initio,” Akinlayo said.
He also cited the Supreme Court’s judgment in Tukur v. Mustapha (2023), which affirmed that political appointees seeking elective office must relinquish their appointments before participating in party primaries either as aspirants or delegates.
Beyond the eligibility issue, the lawmaker alleged that the primary election was marred by widespread irregularities across several wards, including the absence of voter accreditation, vote inflation, voter suppression and disruption of voting in areas where he claimed to enjoy strong support.
He further accused the party of appointing local government and APC officials with vested interests in the outcome as returning officers, alleging that the move compromised the credibility and transparency of the exercise.
Akinlayo urged the APC leadership to disqualify Ibrahim in line with the Electoral Act and declare him the rightful winner of the primary, having emerged second in the contest.
Alternatively, he appealed to the party’s National Assembly Appeal Committee to nullify the results from the affected wards and conduct a fresh primary involving only aspirants qualified under the law.
The dispute is one of the first major post-primary challenges within the APC ahead of the 2027 general elections, with the party 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 similar provisions in the Electoral Act, 2022, has remained a recurring subject of electoral litigation. The Supreme Court, in Tukur v. Mustapha, affirmed that political appointees must resign before participating in party primaries.
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.
