Tinubu’s order for appointees to quit before primaries lacks legal footing
On 17 March, Bola Tinubu directed all political appointees intending to contest in the 2027 elections to resign by 31 March, citing provisions of the Electoral Act 2026 and the timetable released by the Independent National Electoral Commission (INEC).
The directive, contained in a circular signed by George Akume, stated that the decision was in line with section 88(1) of the Electoral Act and INEC’s schedule for party primaries.
Some members of the cabinet have already stepped down in compliance. Among them are Yusuf Tuggar and Said Alkali, who are seeking governorship tickets in Bauchi and Gombe states respectively.
While the directive appears aimed at ensuring adherence to electoral rules, its legal foundation has drawn scrutiny. Section 88(1) of the Electoral Act bars political appointees from participating in party primaries — either as delegates or aspirants — while still in office. However, it does not specify when such appointees must resign.
Critics argue that by fixing a 31 March deadline, the presidency has gone beyond the clear wording of the law.
INEC’s revised timetable, released on 26 February, places party primaries between 23 April and 30 May 2026, in line with section 84 of the Electoral Act, which mandates that parties conduct primaries under the commission’s supervision.
Read together, the provisions suggest that appointees must vacate office before taking part in primaries, but stop short of imposing a fixed resignation date. In practice, resignation becomes necessary to comply with the law — though not tied to a specific deadline.
The issue recalls similar tensions ahead of the 2023 elections under Muhammadu Buhari, when several appointees delayed resigning despite pursuing elective offices, prompting concerns about divided attention and misuse of office. Buhari eventually ordered their resignation in May 2022.
Analysts say Tinubu’s earlier deadline may be intended to create a buffer between incumbency and the primary process, limiting the influence of officeholders.
Offering a legal perspective, Cyril Hart, a member of the House of Representatives, said the Electoral Act does not prescribe a specific timeframe for resignation. According to him, section 88(1) only requires that political appointees must not be in office at the time of the primaries, meaning they could legally step down even shortly before the exercise.
By that interpretation, the 31 March deadline is an administrative directive rather than a requirement grounded in the Electoral Act.