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Ekiti APC Candidate in Court Over Alleged Failure to Resign Before Primary

The suit was filed by a fellow aspirant in the constituency, Victor Olumuyiwa Kolade, popularly known as VOK. 

Kolade is contesting Karounwi’s participation in the APC primary on the grounds that he allegedly failed to resign as Ekiti State Commissioner for Physical Planning and Urban Development within the period required by the Electoral Act 2026 and the APC Constitution. 

At Monday’s hearing, Abiodun Owonikoko announced appearance for the plaintiff. Femi David represented the Independent National Electoral Commission, INEC, Adefolaju Ayobioyoloja appeared for the APC, and Kolapo Kolade represented Karounwi, the third defendant. 

Owonikoko told the court that Karounwi remained a serving member of the Ekiti State Executive Council after participating in the APC primary held on May 16, 2026. 

He cited Section 88(1) of the Electoral Act 2026, and Articles 2 and 31(3) of the APC Constitution, which require political appointees to resign before contesting party primaries. 

Relying on Exhibits Kolade 5 and 6, counsel said Karounwi continued to function as a cabinet member until May 21, 2026, five days after the primary. He added that Karounwi’s name was still listed on the state government’s website as of May 29, 2026. 

Owonikoko contrasted Karounwi’s case with that of former cabinet member, Architect Temitope Ogunleye, who he said resigned before contesting and was removed from official records. He urged the court to declare Karounwi ineligible to contest. 

Kolade, counsel to Karounwi, said his client resigned more than 50 days before the primary, exceeding the 30-day requirement under the law. He argued that compliance is determined by the submission and acceptance of a resignation letter, not by subsequent administrative updates. 

He told the court that the resignation was accepted and that Karounwi filed his end-of-tenure declaration with the Code of Conduct Bureau on April 15, 2026. He urged the court to dismiss the suit with substantial costs, saying any delay by government in updating records should not affect the defendant. 

Ayobioyoloja, for the APC, asked the court to dismiss the case for lack of substantial evidence. David, for INEC, said the commission does not investigate resignations, but relies on names submitted by political parties in line with their constitutions. 

Justice Musa Usman Abubakar adjourned the matter to September 21, 2026, for further hearing.