2026 Electoral Act: Clarifications on Political Appointees and Civil Servants

By Okoi Obono-Obla 

2026 Electoral Act: Clarifications on Political Appointees and Civil Servants:

Two weeks ago, I wrote an essay titled 2026 Electoral Act: Implications for Political Appointees and Civil Servants on Chatafrik, a website created by the United States–based Nigeria Moderator, Matto. In that essay, I examined the provisions of Section 88 subsections (1) and (3) of the Electoral Act, 2026.

Section 88(1) provides that no political appointee who has not resigned his or her appointment shall participate (as an aspirant or voting delegate) in primaries, conventions, or congresses to nominate the candidate that will fly the flag of his or her political party in the 2027 general election.

Section 88(3) states that where a court finds that a political party failed to comply with the provisions of this Act in the conduct of its primaries, its candidate for that election shall not be included in the election for the particular position in issue.

It is well settled that in statutory interpretation, the whole section and subsections of a statute must be construed conjunctively to infer the intention of the legislature. Accordingly, Section 88(1) and (3) of the Electoral Act must be read holistically to understand what the legislature intends to convey.

It follows that a political appointee who refuses, fails, or neglects to resign his or her appointment but participates in the convention, congress, or primaries of his or her political party—and whose participation is challenged in court—will cause his or her political party to be excluded from the election for the particular position in issue.

In line with this, the Secretary to the Government of the Federation, Senator George Akume, issued a statement not later than 31 March 2026. According to the statement, President Bola Tinubu directed all political appointees under his administration seeking to contest in the 2027 general elections to resign on or before March 31, 2026. The directive aims to ensure compliance with the Electoral Act and create a level playing field.

Similarly, Governor Bassey Edet Otu of Cross River State, on 18 March 2026, demanded the resignation of all political appointees in his government who wished to participate in the primaries for the nomination of candidates to fly the APC flag in the 2027 general election.

A social media friend recently asked me whether councillors in the local government tier of government are political appointees within the contemplation of Section 88(1) of the Electoral Act, and therefore required to resign. This is a direct and unambiguous question.

My answer was equally direct: Section 88(1) of the Electoral Act 2026 does not apply to councillors because they are not political appointees. More importantly, elections into the local government system are not deemed elections within the contemplation of the Electoral Act 2026. The Act applies to and regulates the conduct of federal, state, and area council elections in the Federal Capital Territory, Abuja. Indeed, Section 155 of the Electoral Act defines “election” to mean any election held under the Act and includes a referendum.

Therefore, local government elections in Nigeria do not fall under the purview of the Electoral Act. They are governed by local government laws and electoral laws of their respective states.

In conclusion, legislators such as senators, members of the House of Representatives, and members of state houses of assembly are not political appointees and therefore do not fall within the ambit of Section 88(1) of the Electoral Act 2026. The Act is clear in its scope, and its provisions must be applied with precision to avoid misinterpretation.