2027 ELECTION: ONDO ATTORNEY GENERAL ISSUES ELECTORAL ADVISORY

2027 ELECTION: ONDO ATTORNEY GENERAL ISSUES ELECTORAL ADVISORY

 ADVISORY ON RESIGNATION REQUIREMENTS FOR CIVIL SERVANTS AND POLITICAL APPOINTEES IN ONDO STATE INTENDING TO CONTEST THE 2027 GENERAL ELECTIONS

In line with my constitutional responsibility as the Attorney-General and Commissioner for Justice of Ondo State to provide legal guidance to the Government and the public, I hereby issue this Advisory Directive pursuant to the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Electoral Act, 2026.

The purpose of this Directive is to ensure clarity, promote transparency, uphold the neutrality of the public service, and prevent any risk of disqualification or legal challenges for public officers who may wish to participate in the electoral process ahead of the 2027 General Elections.

1. *Career Civil Servants and Public Servants*

Sections 66(1)(f), 107(1)(f), 137(1)(g) and 182(1)(g) of the 1999 Constitution (as amended) provide that a person employed in the civil or public service of the Federation or of a State shall not be qualified to contest an election unless such person has resigned, withdrawn or retired from that employment at least thirty (30) days before the date of the election.

• This provision applies to permanent and career civil servants as well as other persons holding formal employment in the public service of Ondo State.

• Such officers may continue to perform their official duties while engaging in preliminary party activities, including the purchase of nomination forms and participation in party primaries.

• However, their resignation must take full effect no later than 30 days prior to the polling date as fixed by the Independent National Electoral Commission (INEC) for the relevant election.

• Non-compliance with this constitutional requirement will render the affected person unqualified to contest and may lead to disqualification by INEC or through an election petition.

2. *Political Appointees*

 (including Honourable Commissioners, Special Advisers, Senior Special Assistants, Directors-General, Chairmen and Members of Boards of Agencies, and all persons holding office at the pleasure of His Excellency the Governor) are not regarded as persons “employed in the civil or public service” for the purpose of the 30-day constitutional rule.

Nevertheless, pursuant to the relevant provisions of the Electoral Act, 2026 (particularly those regulating participation in party primaries and congresses), and to ensure a level playing field, political appointees intending to contest any elective office are required to resign their appointments before participating as aspirants or delegates in party primaries or nomination processes.

In alignment with the INEC timetable for party primaries (which are expected to commence in the coming months) and consistent with best practices across the Federation, it is strongly advised that all political appointees who wish to contest in the 2027 elections submit their formal letters of resignation on or before 31st March, 2026, through the Office of the Secretary to the State Government.

This early resignation will:

• Allow full and unrestricted participation in party processes as ordinary members;

• Avoid any perception of conflict of interest or misuse of official position; and

• Ensure smooth compliance with screening and nomination requirements.

3. General Compliance and Guidance

• All resignation letters must be properly addressed, formally acknowledged, and take immediate effect in accordance with the Public Service Rules and relevant Circulars.

• Heads of MDAs and Parastatals are directed to bring this Advisory to the immediate attention of all officers under their supervision and to forward confirmation of compliance to the Office of the Secretary to the State Government.

• Public officers are reminded that partisan political activities while still in active service may contravene the Public Service Rules and the Code of Conduct for Public Officers.

• Any officer who fails to comply with the applicable resignation requirements risks disqualification and possible administrative consequences.

This Advisory is issued in good faith to assist affected public officers in making informed and timely decisions. It restates existing legal obligations and does not create new law.

For any further clarification or legal interpretation, officers or their counsel may contact the Director of Civil Litigation or the Director of Public Prosecutions in my Office.

Please be guided accordingly and accept the assurances of my highest regards.

Signed:

Dr. Olukayode Ajulo, OON, SAN

Attorney-General and Commissioner for Justice

Ondo State