Briyai announced his resignation from the electoral commission on Thursday, August 8, 2019 to enable him contest in the Bayelsa governorship election with the All Progressives Congress (APC).

"For the sake of the very important call to rescue the kind, peace-loving and great people of Bayelsa State, I have resigned my appointment as a Resident Electoral Commissioner in the Independent National Electoral Commission of the Federal Republic of Nigeria, with effect from Thursday, the 8th of August, 2019," he said.

However, according to a Friday, August 9 statement signed by INEC's Chairman of Information and Voter Education Committee, Festus Okoye, Briyai violated the commission's Code of Conduct and the Nigerian constitution.

Okoye reprimanded Briyai for using INEC's Cross River headquarters to announce his political ambition in violation of INEC's laid down rules against partisanship.

"The Commission strongly frowns at the REC's expression of partisan interest. We note that the Constitution precludes National and Resident Electoral Commissioners from belonging to political parties.

"Also, the use of INEC premises and facilities for such declaration or for any political purpose is unlawful and contrary to the Code of Conduct subscribed to by all INEC officials," the statement read.

Okoye said Briyai failed to follow the laid down procedure for resignation as REC, noting that his resignation doesn't take effect until it has been received by the office of the country's president who's the appointing authority.

"The commission has not received any resignation letter as he claimed," Okoye said.

The commission went on the withdraw all powers and functions delegated to Briyai as REC and directed the administrative secretary of INEC in Cross River State to take over such functions until further notice.