APC Legal Counsel Warns NWC Against Move to Declare Winners of NASS – THISAGE Primaries

By 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 the 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 advice followed a directive from the ruling party’s National Working Committee that restricted groups tasked with conducting 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 National Chairman of the APC, in which he warned against any process outside the provisions of the APC Constitution, the party’s nomination guidelines and the electoral law.

The note, titled “Central Center for the Collection and Announcement of Results: Proper Procedure for Declaring and Announcing the Results of Party Primary Elections and the Appropriate Body Empowered with Such Powers,” emphasized that only officially constituted election committees and designated election officials can legally declare the results of party primaries.

The notice was triggered by growing concerns within the ruling party over attempts to centralize the collection and announcement of results at the APC national secretariat instead of allowing designated election panels to officially designate winners at the primary venue.

According to the APC’s legal counsel, Section 9(ii)(e) of the party’s nomination guidelines expressly authorizes primary election committees to “officially declare and announce the results of all primaries conducted.”

Kankia argued that the provision is mandatory and leaves no room for any parallel arrangement or interference by unauthorized bodies.

He further explained that the chairmen of the various committees serve as polling officers for elections under their supervision, including the Senate and House of Representatives primaries.

“The declaration and announcement of results by the Primary Electoral Commission remain valid and operational unless reviewed through the internal appeal mechanism provided for in the Guidelines,” the statement read.

The legal advisor warned that no body, department, stakeholder or advocacy group outside of established election committees has the authority to independently announce or confirm the outcome of the party primaries.

He also cited section 86 of the Electoral Act 2026 (as amended), which requires political parties conducting direct primaries to strictly comply with their internal guidelines.

According to him, the law gives binding legal value to the PCA appointment procedures and strengthens the legitimacy of declarations made by the officially designated Returning Officers.

Kankia also referred to Article 20.4 of the APC Constitution, which states that nomination processes must be held at designated centers and not at the party’s National Secretariat.

On disputes arising from the conduct of the primaries, the note clarifies that aggrieved aspirants are required to approach the relevant primary election appeals committee within 24 hours of the declaration of results.

He further explained that the National Working Committee, acting on behalf of the National Executive Committee (NEC), exercises appeal powers only after internal appeal mechanisms have been exhausted.

Kankia criticized the NWC directive contained in a letter dated May 17, 2026, describing it as having no legal basis and urging the central leadership to withdraw it.

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