Ekiti APC primary dispute deepens as lawmaker releases rival’s salary records

The escalating dispute over the Ekiti APC primary, centered on allegations of dual employment and falsified resignation, highlights the critical intersection of electoral law and public service regulations in Nigeria. The controversy involves a lawmaker, Mr. Akinlayo, who has publicly disclosed the salary records of his rival, Mr. Ibrahim, to challenge the latter’s eligibility for the primary. By producing payslips from April and May 2026, the accuser aims to demonstrate that the respondent remained on the federal payroll despite claims of resignation, thereby violating the Electoral Act and the APC’s internal guidelines regarding the resignation of public office holders before seeking elective office. This case brings into sharp focus the strict requirements for public servants to vacate their positions to avoid conflicts of interest and ensure a level playing field during party primaries.

From a legal perspective, this matter hinges on the interpretation of the Electoral Act 2022 and the specific provisions of the Nigerian Constitution regarding the resignation of public officers. The court hierarchy, starting from the High Court and potentially reaching the Supreme Court, will be tasked with determining the authenticity of the documents and the legal effect of the alleged continued receipt of salary. If proven, the respondent could face disqualification, as the law is clear that public servants must resign their appointments to participate in party primaries. This case is significant because it demonstrates how digital footprints and financial records are increasingly being used as primary evidence in electoral litigation, moving beyond mere allegations to substantive documentary proof.

Practitioners involved in election petition matters should take note of the evidentiary standards being applied in this dispute. The use of salary records as a tool for disqualification underscores the importance of thorough due diligence during the pre-election phase. Legal teams representing political aspirants must ensure that their clients have not only submitted resignation letters but have also received formal acceptance and, crucially, have been removed from the Integrated Personnel and Payroll Information System. Failure to verify the latter can lead to protracted litigation that threatens the validity of a candidate’s nomination. Attorneys should advise clients to obtain formal confirmation of their exit from the payroll to insulate themselves from such challenges, as the judiciary continues to adopt a strict, literalist approach to electoral compliance.