A member of the House of Representatives, Hon. Kolawole Akinlayo, has called on the leadership of the All Progressives Congress (APC) to strictly uphold the provisions of Section 88(1) of the Electoral Act 2026, in determining the outcome of the party’s primary election for Ekiti North Federal Constituency II.
He insisted that the declared winner, Mr Kunle Ibrahim was constitutionally ineligible to participate in the contest.
Akinlayo, who represents Moba/Ilejemeje/Ido Osi Federal Constituency in the 10th House, made the call while addressing journalists in Abuja on Sunday, following his earlier petition to the party’s National Chairman and the National Assembly Appeal Committee challenging the outcome of the May 16 primary election.
The lawmaker argued that adherence to the Electoral Act and the party’s constitution was critical to preserving the integrity of the APC’s internal democratic process ahead of the 2027 general elections.
He maintained that the law must take precedence 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.
According to Akinlayo, the aspirant declared winner of the primary election, was not qualified to contest because he remained a political appointee at the time of the exercise.
He alleged that Ibrahim was serving as a Special Assistant in the Office of the Secretary to the Government of the Federation and continued to receive salary up to 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 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.”
Citing the Supreme Court’s decision in Tukur v. Mustapha (2023), the federal lawmaker contended that political appointees seeking elective office must first 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 argued.
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 election process witnessed the absence of accreditation of voters in some areas, alleged inflation of votes in others, voter suppression and disruption of voting in parts of the constituency where his supporters were said to have turned out in large numbers.
He 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.
Based on the alleged breaches, the lawmaker 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.
Alternatively, Akinlayo appealed to the party’s National Assembly Appeal Committee to nullify the results from the wards where he alleged, irregularities occurred and conduct a fresh primary election involving only qualified aspirants.
The dispute is one of the first major post-primary legal and political challenges within the APC ahead of the 2027 general elections, with the party expected to conclude its internal dispute resolution process before submitting the names of its candidates to the Independent National Electoral Commission.
