22/05/2026
APC Primaries: National Legal Adviser Counters The Memo From National Organising Secretary of the Party, Warns Against Implications of Directives That Usurp The Powers of Electoral Committees Chairman to Announce Results And Declare Winner At Ward Levels
ALL PROGRESSIVES CONGRESS
OFFICE OF THE NATIONAL LEGALLY ADVISER
To: National Chairman
From: National Legal Adviser
RE: CENTRAL RESULT COLLATION AND ANNOUNCEMENT CENTRE
Subject: Proper Procedure for the Declaration and Announcement of Results of Party Primary Elections and the Appropriate Body Vested with Such Powers
Your Excellency,
Proper Procedure for the Declaration and Announcement of Results of Party Primary Elections and the Appropriate Body Vested with Such Powers
I write to respectfully provide legal clarification and guidance on the proper procedure for the declaration and announcement of results arising from the Party’s Primary Elections, as well as the appropriate organs or committees statutorily empowered under the Party’s Constitution, Guidelines and the Electoral Act, 2026 (as amended) to undertake such functions.
This advisory has become necessary in view of the need to ensure strict compliance with the provisions of the Electoral Act, the Constitution of the Party, and the Guidelines for the Nomination of Candidates for the 2027 General Elections, in order to avoid procedural infractions capable of exposing the Party to avoidable litigation and internal disputes.
The extant Guidelines for the Nomination of Candidates for the 2027 General Elections clearly vest the powers of conduct, declaration and announcement of primary election results in the duly constituted Primary Election Committees.
Specifically, Section 9(ii)(e) of the Guidelines provides that the Primary Election Committee shall:
“Officially declare and announce the outcomes of all primaries conducted.”
The above provision is clear, unambiguous and mandatory. Consequently, the authority to officially declare and announce the results of any primary election
No. 40, Blantyre Street, Wuse 2, Abuja, Nigeria.
conducted by the Party resides exclusively in the duly constituted Primary Election Committee and its designated Returning/Collation Officer for the relevant election.
Furthermore, the Guidelines make detailed provisions regarding the specific officers empowered to collate, declare and return candidates at the various levels of primary elections. Under Section 13 of the Guidelines dealing with Collation of Results, the Chairmen of the respective Primary Election Committees are expressly designated as the appropriate Returning Officers empowered to declare results and return winners.
For emphasis:
1. The Chairman of the Presidential Primary Election Committee serves as the National Collation/Returning Officer for Presidential Primaries.
2. The Chairman of the Governorship Primary Election Committee serves as the State Returning Officer for Governorship Primaries.
3. The Chairman of the Senatorial Primary Election Committee serves as the Returning Officer for Senatorial Primaries.
4. The Chairman of the House of Representatives Primary Election Committee serves as the Returning Officer for House of Representatives Primaries.
5. The Chairman of the House of Assembly Primary Election Committee serves as the Returning Officer for State House of Assembly Primaries.
Accordingly, no other organ, officer, stakeholder, support group or unauthorized body possesses the legal authority to independently declare, announce, publish or purport to confirm the outcome of any Party primary election outside the procedure prescribed in the Guidelines.
In addition, Section 86 of the Electoral Act, 2026 (as amended) provides that direct primaries shall be conducted in accordance with the guidelines of the political party. This statutory provision gives legal force and binding effect to the Party’s Guidelines governing the conduct of primaries and declaration of results.
Equally important is Article 20.4 of the Constitution of the Party, which provides that nomination processes shall take place at designated centres and not at the Party’s National Secretariat. This constitutional provision reinforces the principle that declarations and returns are to emanate from the officially designated venue of the primary election through the authorized Primary Election Committee and Returning Officers, and not from external or unauthorized locations.
With respect to disputes arising from the conduct or outcome of primary elections, Section 14(i) of the Guidelines provides thus:
“Any aspirant not satisfied with the conduct of the primary election may seek a review of the primary election within 24 hours of the declaration of the result at the appropriate Primary Electoral Appeal Committee.”
Furthermore, Section 14(iv) of the Guidelines provides as follows:
“The NWC (acting on behalf of NEC) shall have the final decision on all app
