An advocacy group, Center for Democracy, CDD has given the Executive Secretary of the Nigerian Shippers Council, Mr. Pius Akutah five days to come out and explain to the public why he failed to resign from his position immediately he purchased the All Progressive Congress governorship Nomination Forms few months ago.
The advocacy group in a press statement signed by its Director of Operations, Barrister Jude Oseni, Esq and made available to journalists this afternoon stated that Akutah was supposed to resign the day he bought the forms.
According to the group, failure to resign from his position in line with the Presidential directive that all federal appointees that were seeking for elective positions in the next general elections should resign by March, 31, 2026 is an act of insubordination to the office of President Bola Tinubu.
The group pressed further that Akutah’s action is also a sign of rudeness to the offices of the Secretary to the Government of the Federation and the Minister of Transportation.
Center for Democracy, CDD however threatened to institute a legal action against Akutah over illegality and breach of the country’s Electoral Law of he fails to come out publicly to announce that the Nomination Forms were purchased by someone without his knowledge.
According to the group, Section 88(3) of the Electoral Act will automatically exclude Pius Akutah from the election even if he is presented as the APC candidate since he has breached the Section of the Act.
The group went further in the statement that the All Progressive Congress or any other political party that fields Akutah as his governorship candidate for the 2027 election stands disqualified by virtue of the Section 88(3) of the Electoral Act since he failed to resign from his public office on May 31, 2026.
“His failure to resign on May 31, 2026 has made him ineligible to contest for the 2027 governorship election in All Progressive Congress and also in any other political party” the statement reads.
Speaking further, the advocacy group stated that Executive Orders or Presidential Directives are described as rules or orders issued by the President to the executive branch of government and having the force of law, noting that they are also used for the management of the economy and other domestic actions of the President as Chief Executive as long as they do not conflict the Constitution or law of the National Assembly.
The group said further that: “By the provisions of Section 5 of the Constitution of the Federal Republic of Nigeria, 1999, Presidential powers of the Federation are vested, singularly and personally, in the President of the Federal Republic of Nigeria as the Chief Executive of the Federation. The Section provides as follows:
“5. (1) Subject to the provisions of this Constitution, the executive powers of the Federation – (a) shall be vested in the President and may, subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation; and (b) shall extend to the execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, power to make laws..
“Similarly, under Section 130(2) of the Constitution, “The President shall be the Head of state, the Chief Executive of the Federation and Commander in Chief of the Armed Forces of the Federation.”
“The above clear provisions of the Constitution grant the President inherent powers to issue orders and policy guidelines to officials under his control, including granting Presidential Directives to heads of ministries, departments and agencies of the Federal Republic of Nigeria, especially as regards the duties already donated to them by the provisions of the various laws for their oversight and to ensure good governance. This power to issue directives having also been firstly vested with the Presidential power of their appointment and removal under Section 171 of the Constitution”
The group accused Akutah of breaching the recent Presidential Directive issued by President Bola Ahmed Tinubu to all political appointees seeking electoral offices to resign by March,31, 2026.
Recall that the Directive which applies to officials from ministries to agency heads, was issued in order to align with the electoral guidelines and ensuring fairness in the electoral process in line with Section 88(1) of the Electoral Act, 2026 as well as the timetable issued by INEC for party primaries ahead of the 2027 general elections.
The statement also reads: “The said Section 88(1) of the Electoral Act, 2026 provides that: “A political appointee at any level shall not be a voting delegate or be voted for at the convention, congress, and primaries of any political party for the purpose of the nomination of candidates for any election.”
Therefore, the group stressed that any executive just like Pius Akutah who has not resigned by virtue of that Presidential Directive is ineligible to participate or be a candidate of any political party.
