By Okoi Obono-Obla
The Electoral Act 2026 came into force about three weeks ago. Rather than political parties and their members studying its provisions to understand how it will impact them—especially concerning primary elections scheduled by the Independent National Electoral Commission (INEC)—some parties introduced red herrings and stirred controversy about manual and electronic collation and transmission of results. This distraction took attention away from the real task at hand. Now that the unnecessary dust has seemingly settled, it is time to reflect on some of the Act’s provisions, particularly Section 88, and how it affects political appointees as well as those employed in the civil or public service.
On 9 March 2026, I received a message from a younger friend:
“Good day, Chief Obono Obla.
Sir, I need your legal advice. I am a civil servant working with the Federal Government of Nigeria, and I intend to contest in the forthcoming election. The primary election of my party, APC, is scheduled for next month.
Kindly advise, sir: should I resign from my job before the party’s primary election, or after the primary election? Thank you in anticipation of your response.”*
This question has been troubling many people, especially since political party primaries to nominate candidates are scheduled for April 2026, and none of the parties have released their guidelines.
Section 88 of the Electoral Act 2026
– Section 88(1): “No political appointee shall have the right to vote or be voted for in any congress or convention or primary election of any political party for the purpose of the nomination of candidates for any election.”
– Section 88(2): “Any political appointee who intends to participate in the nomination processes of a political party shall resign his or her position before the commencement of such congress, convention, or primary election.”
The provision is crystal clear: any political appointee who wishes to take part in such processes must resign forthwith. Otherwise, he or she cannot be an aspirant or voter at such gatherings. The law is unambiguous: where a statute lays down a procedure for doing anything, that procedure must be scrupulously followed. Any deviation is unacceptable and therefore a nullity. On the principle of abundance of caution, any political appointee who desires to become an aspirant or participant in a party congress, convention, or primary should resign immediately. No aspirant should wait until April or until the date fixed by the party before resigning. Anyone who attempts to cut corners or maneuver their way into participation without resigning will have themselves to blame. Likewise, any political party that allows such participation risks having its congress or primary declared a nullity. The principle here is simple: out of nothing comes nothing.
The second aspect concerns whether civil or public servants fall under the contemplation of Section 88. Civil and public servants are not political appointees; they are employed under the conditions of service of their employers. Therefore, they must look to their conditions of service to determine when to resign in order to contest or participate. They are certainly not political appointees within any reasonable interpretation of the law.
Conclusion:
The Electoral Act 2026 has drawn a clear line: political appointees must resign before participating in party primaries, as explicitly stated in Section 88(2). Civil and public servants, however, are governed by their conditions of service rather than Section 88. To avoid legal pitfalls and ensure compliance, aspirants should act with caution and resign in good time rather than attempt shortcuts that could invalidate their ambitions.
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