From Victor Osula, Abuja
The National Legal Adviser of the All Progressives Congress (APC), Murtala Aliyu Kankia, has insisted that only duly constituted Primary Election Committees possess the legal authority to declare and announce winners of the party’s National Assembly primaries, amid growing controversy over the role of the National Working Committee (NWC) in the exercise.
The legal advisory followed a directive by the National Working Committee of the ruling party restricting panels mandated to conduct the National Assembly primaries across the country from declaring candidates after the exercises.
Kankia’s position was contained in a legal memorandum dated May 17, 2026, addressed to the APC National Chairman, warning against any process outside the provisions of the APC Constitution, the party’s nomination guidelines, and the Electoral Act.
The memo, titled “Central Result Collation and Announcement Centre: Proper Procedure for the Declaration and Announcement of Results of Party Primary Elections and the Appropriate Body Vested with Such Powers,” stressed that only officially constituted election committees and designated Returning Officers can lawfully declare the outcomes of party primaries.
The advisory was triggered by growing concerns within the ruling party over attempts to centralise the collation and announcement of results at the APC national secretariat instead of allowing designated election panels to officially return winners at the venue of the primaries.
According to the APC legal adviser, Section 9(ii)(e) of the party’s nomination guidelines expressly empowers Primary Election Committees to “officially declare and announce the outcomes of all primaries conducted.”
Kankia maintained that the provision was mandatory and leaves no room for any parallel arrangement or interference by unauthorised bodies.
He further explained that the chairmen of the various committees serve as Returning Officers for the elections under their supervision, including senatorial and House of Representatives primaries.
“The declaration and announcement of results by the Primary Election Committee remains valid and operative unless reviewed through the internal appeal mechanism established by the Guidelines,” the memo stated.
The legal adviser warned that no organ, department, stakeholder, or support group outside the constituted election committees possesses the authority to independently announce or confirm the outcome of party primaries.
He also cited Section 86 of the Electoral Act 2026 (as amended), which mandates political parties conducting direct primaries to strictly comply with their internal guidelines.
According to him, the law gives binding legal force to the APC nomination procedures and reinforces the legitimacy of declarations made by officially designated Returning Officers.
Kankia equally referenced Article 20.4 of the APC Constitution, which stipulates that nomination processes shall take place at designated centres and not at the party’s National Secretariat.
On disputes arising from the conduct of primaries, the memo clarified that aggrieved aspirants are required to approach the appropriate Primary Election Appeal Committee within 24 hours of the declaration of results.
It further explained that the National Working Committee, acting on behalf of the National Executive Committee (NEC), only exercises appellate powers after internal appeal mechanisms have been exhausted.
Kankia faulted the directive of the NWC as contained in a letter dated May 17, 2026, describing it as lacking legal basis and urging the Central leadership to withdraw it.
