By Rupert Irikefe, Esq

By Circular Letter Reference No. SSG/ADM.22TI/I dated 26th February, 2022, the Office of the Secretary to the Ogun State Government requested all political appointees in the Administration aspiring for political offices to indicate their disposition by registering at the Office of the Secretary to the State Government before Wednesday, 2nd March, 2022.

In pursuance of the Circular which is hinged on Section 84(2) of the Electoral Act, 2022, it has been widely reported that not less than 35 Political Appointees of the Ogun State Government have quietly resigned, although the State Government has denied the report.


It is important that an understanding of the provisions of Section 84(2) of the Electoral Act, 2022 be carefully borne in mind because I foresee a situation where the validity of many Party Primaries, Conventions and Congresses as well as the emergence of some Candidates would be challenged on the ground of breaches of the provisions of Section 84(2) of the Electoral Act, 2022. Political Parties and Candidates who flout the said provision may have themselves to blame at the end of the day because of this novel provision.

Now Section 84(2) of the Electoral Act, 2022 provides as follows:

“No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purposes of the nomination of candidates for any election.”

Thus, by the said provision, Political Appointees cannot and must not be delegates or contestants at a Party Primaries, Conventions or Congresses whilst still in office as a such Political Appointees.   Political Appointees who are interested in elective offices cannot participate as voting delegates or be voted for as such delegates unless they have resigned their position within the stipulated time frame.

The confusion that may arise from the interpretation of Section 84(2) of the Electoral Act, 2022 would be on when resignation takes effect. Submit that resignation will take effect from the date the resignation letter is received or acknowledged by the relevant approving authority. It is immaterial when the letter of resignation is dated. The fact that a political appointee continued to draw salary after resignation is of no moment. My contention enjoys judicial support.

In Hon. Nasiru Garba Dantiye v. All Progressives Congress (APC) & 2 Ors unreported Appeal No. CA/ABJ/CV/498/2020 delivered on 21st August, 2020, at pages 55, 56, 57, 58, 59, 60, 61, 62, and 63 of the Judgment, the Court  stated as follows:

The issue at stake herein is very narrow. The question is whether or not the letter of resignation tended by the 2nd Respondent dated 31st December, 2019 is in compliance with section 66(1) (f) of the 1999 Constitution of the Federal Republic of Nigeria as amended. The learned trial Judge in his considered judgement came to the following conclusion.

“It has been held in ORJI VS. PDP AND ORS (2009) 14 NWLR (PT. 1161) PG 310. That the effective date of resignation is the date the letter was written and received by the approving authority. Therefore, in the instant case the effective date of resignation is the 31st December, 2019.

Assuming without conceding that this is not the case, section 66 (1)(f) of the 1999 constitution provides that, ‘No person shall be qualified for election to the senate or the house of Representatives if he is a person employed in the public service of the federation or any state and has not resigned, withdrawn or retired from such employment thirty days before the date of the Election.” The effective date of resignation being it the 31st day of December, 2019 or 31st January, 2020 are well above (30) days before the scheduled date of election being the 14th March, 2020. Then 2nd Defendant’s resignation was in time and there is no evidence that he received any salary after the date statutory prescribed for resignation. It is my opinion that 2nd Defendant is qualified to participate in the conduct of the Election of 14th March, 2020″.

In my understanding of the provision of section 66(1)(f) of the 1999 Constitution of the Federal Republic of Nigeria, all that is required by an aspiring contestant who is under employment in any public service of the Federation is to effectively resign from such service, 30 days before the date of such Election he is intending to contest. The Courts, this Court inclusive have given interpretation to when the calculation of the 30 days prescribed under section 66 (1) (f) will start to count. Hence the decision in plethoral of authorities stating that the 30 days will start to run from the date the letter of Resignation tendered is received by the approving authority. Regardless of the date the letter is written, what is important for the calculation of the 30 days is the date the letter is received by the body that is authorised to approve the resignation from employment. Further to this is that there must be 30 clear days from the date the letter of resignation is received to the date the intended Election will be conducted.

In the case of ZUBAIRU VS. MOHAMMED (2009) LPELR – 5124, Augi JCA now Justice of the Supreme Court said thus while considering similar provision.

“The legal position is that resignation from unemployment is by giving the required length of notice or payment in lieu of notice. Resignation dates back from the date the notice is received. There is absolute power to resign and no discretion to refuse to accept the notice of resignation. It must be emphasized that where a person has taken steps he is required by law to take, in this case, submit his letter of resignation, the refusal, failure, neglect of the relevant officials to do their part, in this case stop the payment of his salary cannot be visited on the person. This principle of law has been applied in the commencement of an action or initiation of a process. See ALAWODE VS. SEMOH (1959) SLNLR 91 AND SAUDE VS. ABDULLAHI (1989) 4 NWLR (PT116) 387 OF 436 AND 437. It is the view of this tribunal that the principal of law applies with equal force here. What was required of the 1st Respondent by section 107(1) of the constitution is to resign his appointment 30 days before the election. From the pleadings of the parties and evidence led, we are of the view that the 1st Respondent has duly resigned his appointment as required by law”.

Also in the case of ONUKWUBIRI AND ANOR VS. IBEAKANMA AND ORS. (2014) LPELR- 23804, Agube JCA said thus hear his Lordship.

“if by Exhibit c which is the letter/Application for voluntary Retirement, the said Application was received on the 14th day of July, 2000, by the customs serving them by the provision of section 306 (2) of the Constitution of the Federal Republic of Nigeria, 1999 which is the ground norm of this nation that: ‘(2) the resignation of any person from any office established by this constitution should take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it’; then the 1st Respondent was deemed to have resigned on 14th July, 2020 such that no matter how we look at it, there is a win-win situation in favour of the 1st Respondent. In the case YUSUF VS. GOVERNMENT OF EDO STATE (2001) 13 NWLR (PT. 731) as cited by the learned counsel of for the 1st-3rd Respondents, the Court at pages 525-533 para 5, H- E, in line with the provision of the Constitution above cited held that, “A notice of Resignation of an appointment becomes effective and valid the moment it is received by the person or authority to whom it is addressed—– it is not necessary for the person to whom the notice of resignation is addressed to reply that the resignation has been accepted”.

In SUNDAY VS. OLUGBENGA AND ORS (2008) LPELR 4995. Fabiyi, JCA then and later Justice of the Supreme Court (retired) has this to say on effective date of resignation.

“It is clear to me that a notice of resignation is effective not from the date of the letter or from the date of the purported acceptance, but from the date the letter was received by the employer or his agent. Refer TO W.A.E.C VS. OSHIONEBO (2006) 12 NWLR (PT. 994) 258. But bluntly resignation takes effect from the date notice is received by the employer or its agent. See ADEFEMI VS. ABEGUNDE (supra) at p. 28. In BENSON VS. ONITIRI (supra), ADEMOLA, O. F (as then called) pronounced as follows:- ‘further, it is clear on the authority of RIDDAN VS. THE WAR OFFICE (1959)3 ALL F.R. 5221, 588. That resignation dates from the date notice was received. There is absolute power to resign and no discretion to refuse to accept notice. In the present case, I do not think it matters to whom the notice of resignation was  addressed, whether to the minister who made the appointment or the board, on which the person was serving ——– I am of the view that notice of Resignation to either of them is good, nor do I think it necessary for the Board or anybody else to reply that the resignation is accepted.” For more elucidation on the point under consideration, the Supreme Court further held in the same case of BENSON VS.ONITIRI (supra) as follows:

“that there is common law right to resign unless there is reason to show that the holder of the office cannot and the appellant’s common law right remains Unfiltered as the Lagos Town planning law was silent on resignation. The appellant was untitled to send his notice of resignation to LEDS, a corporation which he was serving and which had right to receive it and since the LEDS, sent a copy thereof to the ministry and the permanent secretary dealt with it, notice to the permanent secretary is notice to the minister since it is a matter not requiring the exercise of the minister’s personal discretion. The effective date of resignation was when the permanent secretary in the absence of the minister accepted the notice of resignation and considered and treated the Appellant as having resigned”.

In the case at hand, it is not in dispute that the letter of resignation was written on 31st day of December, 2019. The said letter was received on 31st December, 2019. Same date. The effective date of resignation of the 2nd Respondent having regard to the foregoing decided cases is 31st day of December, 2019. The election in issue was scheduled and conducted on the 14th March, 2020, by simple arithmetic, 31st December, 2019 – 14th March, 2020 is quite over 30 days prescribed under section 66 (1) (f) of the 1999 Constitution of the Federal Republic of Nigeria. Therefore, the argument propounded by the learned counsel representing the appellant will not and cannot fly. Accordingly, it is discountenanced. I am at home with the argument and submission of the Learned Counsel from the inner and outer bar representing the first and 2nd Respondents respectively to come to the conclusion that the learned trial Judge was right in his conclusion that the 2nd Respondent properly resigned his employment. This issue is therefore resolved against the Appellant.

In the light of the above judicial authorities, it is incumbent on Political Office Holders desirous of contesting or voting as delegates during the Primaries, Conventions and Congresses of their Political Parties to ensure that they have and preserve the acknowledged copy of their resignation letters.