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Nearly two months after his emergence as National Chairman of the All Progressives Congress (APC), Dr. Nentawe Yilwatda, has failed to formally resign his position as Minister of Humanitarian Affairs and Poverty Reduction, raising serious constitutional and ethical concerns.
Yilwatda was appointed on July 24, 2025, replacing Abdullahi Ganduje, who resigned on health grounds. However, unlike standard practice where cabinet members stepping into partisan leadership positions resign their ministerial posts, the former Plateau governorship candidate has continued to straddle both roles.
Party sources informed Daily Independent on Monday that many key stakeholders in the APC are already lobbying for the vacant ministerial position but Yilwatda appears to want to combine both roles as minister and party chairman.
President Bola Tinubu has also not named another ministerial candidate for the Humanitarian Affairs Ministry almost two months after Yilwatda’s assumption of office as APC national chairman.
Constitutional lawyers and governance experts warn that Yilwatda’s dual status violates the principle of separation between party administration and public office. Sections 147 and 192 of the 1999 constitution (as amended) stipulate that ministers are appointed to serve the federation, not partisan interests, while Section 1 of the APC constitution bars officeholders from occupying more than one executive role that could create a conflict of interest.
This scenario is reminiscent of 2020 under the late President Muhammadu Buhari-led administration, when Governor Mai Mala Buni of Yobe State was controversially appointed chairman of the APC Caretaker/Extraordinary Convention Planning Committee while still serving as governor. That precedent drew sharp criticism, with the Supreme Court at one point warning that such dual roles threatened to undermine the party’s legitimacy in electoral disputes.
Despite mounting pressure, neither the presidency nor the APC leadership has confirmed Yilwatda’s resignation. Official government records still list him as minister, even as he presides over sensitive APC matters, including strategy for the November off-cycle governorship polls.
Analysts say the ruling party risks repeating history by prioritising expediency over legality. “APC is playing a dangerous game,” warned a political scientist at the University of Abuja. “Leaving this unresolved could expose the party to fresh legal battles that may jeopardise its standing in court when electoral outcomes are challenged.”
As at press time, Yilwatda has made no public comment on the controversy, and the Federal Government has remained silent on whether his ministerial role is still tenable.
Speaking with Daily Independent, Ebun-Olu Adegboruwa (SAN), urged the Independent National Electoral Commission (INEC) not to recognise Yilwatda as APC national chairman until he has formally resigned his position as minister.
Speaking further, Adegboruwa, who said in the eyes of the law, the APC currently has no national chairman urged President Bola Tinubu to do the needful by making Yilwatda account for the salaries and other entitlements he is still earning as minister.
“It is totally illegal under the constitution for a serving minister to accept a partisan role for any political party. A minister is a public officer of the Federal Republic of Nigeria. He owes that position in trust to serve the entire federation of Nigeria. So, he cannot have allegiance to a political party in terms of holding executive position in a political party.
“A minister of the Federal Republic serves all interests. He represents all contending interests and parties in office. He represents APC, PDP, LP, ADC and others. He serves all Nigerians and so he is not entitled to aspire to any partisan political office.
“So, presently, the Minister of Humanitarian Affairs is guilty of constitutional actions in abdicating his office to take up an executive role as chairman of a political party. I urge the president to do the needful. The minister must account for all salaries and allowances or perquisites of office that he may still be earning as such.
“Presently, the position of the law is that the APC has no national chairman. INEC should not recognise him as such until he has formally resigned from his position as a minister. As it is in the eyes of the law, the APC as a political party has no national chairman”.
Also speaking, Chris Nwufo, another Lagos-based constitutional lawyer, said Yilwatda’s failure to resign is a clear breach of Nigeria’s constitution.
“This is a clear case of conflict and a disregard for both the Nigerian constitution and APC’s own internal rules.
“How can a sitting minister, who is supposed to serve all Nigerians, also function as the partisan head of the ruling party? It compromises neutrality, and it is unlawful”.
Efforts made to reach the APC National Publicity Secretary, Felix Morka, was not successful as he did not answer the calls of our correspondent.
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