UPDATE: POLITICAL APPOINTEES NOT REQUIRED TO RESIGN BEFORE CONTESTING ELECTIONS IN NIGERIA – BANJI OKUNOMO, ESQ.

 POLITICAL APPOINTEES NOT REQUIRED TO RESIGN BEFORE CONTESTING ELECTIONS IN NIGERIA – BANJI OKUNOMO, ESQ.

A Nigerian legal practitioner, Banji Okunomo, Esq., has clarified that ministers, commissioners, special advisers, and other political appointees are not constitutionally required to resign their positions before contesting elections in Nigeria.

In a press statement issued on March 6, 2026, Okunomo addressed ongoing public discussions surrounding whether political appointees must step down from office before participating in elections or party primaries.

According to him, the Constitution of the Federal Republic of Nigeria 1999 (as amended) clearly outlines the qualifications and disqualifications for elective offices in the country, and the requirement to resign before contesting elections applies strictly to individuals employed in the public service.

He cited several constitutional provisions supporting this position, including Section 66(1)(f), which relates to qualification for membership of the National Assembly; Section 107(1)(f), covering membership of a State House of Assembly; Section 137(1)(g), which concerns qualification for the office of President; and Section 182(1)(g), which deals with eligibility for the office of Governor.

These provisions, he explained, mandate that any person employed in the public service of the federation or a state must resign, withdraw, or retire from service at least 30 days before the date of an election if they intend to contest.

Okunomo noted that the constitutional requirement does not extend to political appointees such as ministers, commissioners, or special advisers, whose appointments are political and serve at the discretion of the appointing authority.

The lawyer explained that the confusion surrounding the issue began after the enactment of the Electoral Act 2022, particularly Section 84(12), which sought to prevent political appointees from voting or being voted for at party conventions or congresses for the purpose of nominating candidates.

According to him, that provision effectively meant political office holders would need to resign before participating in party primaries.

However, the provision was challenged in court and eventually determined by the Supreme Court in the case of Attorney-General of the Federation v. Abubakar (2022).

In its ruling, the apex court declared Section 84(12) of the Electoral Act unconstitutional, null, and void. The court held that the National Assembly does not have the legislative authority to introduce additional grounds for disqualification from elective office beyond those already provided in the Constitution.

The Supreme Court also reaffirmed the principle of constitutional supremacy as contained in Section 1(3) of the Constitution, which states that any law inconsistent with the provisions of the Constitution shall be void to the extent of its inconsistency.

Based on the court’s decision, Okunomo said the current legal position remains clear.

Public servants are required to resign, withdraw, or retire from service at least 30 days before the date of an election if they intend to contest, while political appointees are not constitutionally mandated to resign before contesting elections or participating in party primaries.

He added that while political parties may impose internal rules requiring appointees to step down before contesting, such requirements are matters of party policy rather than constitutional or statutory obligation.

Okunomo urged political commentators and stakeholders to ensure that discussions on the subject reflect the correct constitutional position to prevent misinformation capable of misleading aspirants and the general public.

He emphasized that Nigeria’s democratic system must continue to be guided by the supremacy of the Constitution and the authoritative interpretations of the courts, particularly the Supreme Court, whose decisions are final and binding.