By Gloria Ikibah
A member of the House of Representatives, Rep. Kolawole Akinlayo, has urged the leadership of the All Progressives Congress (APC) to strictly apply the provisions of the Electoral Act in resolving the controversy surrounding the party’s primary election for Ekiti North Federal Constituency II.
Akinlayo, who represents Moba/Ilejemeje/Ido Osi Federal Constituency in the House, made the appeal while speaking with journalists in Abuja on Sunday, following a petition he submitted to the APC National Chairman and the party’s National Assembly Appeal Committee over the outcome of the primary election held on 16 May. 
The lawmaker argued that compliance with Section 88(1) of the Electoral Act, 2026, as well as the APC Constitution, is essential to safeguarding the credibility of the party’s internal democratic process ahead of the 2027 general elections.
He maintained that the rule of law should take precedence over political considerations, warning that any departure from the Electoral Act could weaken confidence in the party’s candidate selection process and expose the APC to avoidable legal disputes.
Akinlayo also challenged the eligibility of the aspirant declared winner of the primary, Kunle Ibrahim, contending that he did not meet the legal requirements to contest the election.
According to the lawmaker, Ibrahim was still serving as a Special Assistant in the Office of the Secretary to the Government of the Federation at the time the primary was conducted and remained on the government payroll until May 2026.
He insisted that the party should carefully review the facts surrounding the matter and ensure that its final decision is consistent with both the Electoral Act and its own constitution to protect the integrity of the nomination process.
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.
Akinlayo further alleged that the primary election was marred by widespread irregularities, including the absence of voter accreditation in some polling areas, inflated vote figures in others, voter suppression and disruption of the exercise in locations where he claimed to enjoy significant support.
He also accused certain local government and party officials of compromising the integrity of the process by serving as returning officers despite having vested interests in the outcome of the election.
Citing the alleged violations, the lawmaker called on the APC leadership to apply the relevant provisions of the Electoral Act by disqualifying Kunle Ibrahim from the contest on the grounds of ineligibility and recognising him as the lawful winner, having emerged second in the primary.
As an alternative, he urged the party’s National Assembly Appeal Committee to cancel the results from the affected wards and order a fresh primary election restricted to aspirants who meet the legal requirements.
The dispute has emerged as one of the earliest major internal challenges facing the APC ahead of the 2027 general elections, with the party expected to conclude its appeal process before forwarding the names of its candidates to the Independent National Electoral Commission (INEC).
The controversy has also renewed attention on Section 88 of the Electoral Act, 2026, which reflects provisions contained in the Electoral Act, 2022 concerning the participation of political appointees in party primaries. The issue has repeatedly come before the courts, with the Supreme Court affirming in Tukur v. Mustapha that political appointees must resign their appointments before contesting or participating in party primaries as either aspirants or delegates.
The decision of the APC’s appeal panel is expected to determine who eventually flies the party’s flag in the 2027 House of Representatives election for Ekiti North Federal Constituency II.
