An advocacy group, the Centre for Democracy (CDD), has given the Executive Secretary of the Nigerian Shippers Council, Pius Akutah, five days to explain why he allegedly failed to resign from his position after obtaining the All Progressives Congress (APC) governorship nomination form.
In a statement signed by its Director of Operations, Barrister Jude Oseni, and made available to journalists, the group alleged that Akutah ought to have resigned immediately after obtaining the nomination form.
The group said his alleged failure to resign breached a presidential directive requiring federal appointees seeking elective positions in the 2027 general elections to relinquish their appointments by March 31, 2026.
According to the CDD, failure to comply with the directive amounts to insubordination to President Bola Tinubu and raises questions about Akutah’s relationship with the office of the Secretary to the Government of the Federation and the Minister of Transportation.
The group threatened to institute legal action against Akutah if he failed to publicly clarify that the APC governorship nomination forms were purchased by another person without his knowledge.
The CDD further alleged that Section 88(3) of the Electoral Act would prevent Akutah from participating in the election if he is presented as the APC governorship candidate, claiming that his alleged failure to resign from public office made him ineligible to contest.
The group also claimed that the APC, or any other political party that fields Akutah as its governorship candidate, could face legal consequences over his alleged non-compliance with the resignation requirement.
“His failure to resign on May 31, 2026 has made him ineligible to contest for the 2027 governorship election in the All Progressives Congress and also in any other political party,” the statement said.
The CDD argued that presidential directives constitute orders or policy guidelines issued by the President to the executive branch of government, provided such directives do not conflict with the Constitution or laws enacted by the National Assembly.
It cited Section 5 of the 1999 Constitution, which vests executive powers of the Federation in the President, and Section 130(2), which provides that the President is the Head of State, Chief Executive of the Federation and Commander-in-Chief of the Armed Forces.
The group argued that these constitutional provisions empower the President to issue directives to officials under his authority, including heads of ministries, departments and agencies.
It also cited Section 171 of the Constitution in arguing that the President’s authority over the appointment and removal of certain public officers reinforces his power to issue administrative directives to officials under his control.
The CDD alleged that President Tinubu’s directive requiring political appointees seeking elective office to resign by March 31, 2026 was issued to ensure compliance with electoral guidelines and promote fairness ahead of the 2027 general elections.
The group further referenced Section 88(1) of what it described as the Electoral Act, 2026, which it said provides that a political appointee at any level shall not serve as a voting delegate or be voted for at the convention, congress or primary of a political party for the purpose of nominating candidates for an election.
On that basis, the CDD argued that any political appointee who failed to resign in accordance with the directive would be ineligible to participate in a party’s nomination process or emerge as its candidate.
The group therefore called on Akutah to clarify his status within five days, warning that failure to do so would prompt it to pursue legal action over what it described as an alleged breach of the presidential directive and electoral law.
