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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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