Human rights lawyer, Femi Falana, (SAN) stated on Friday that President Bola Tinubu does not have the constitutional authority to place the National Chairman of the Independent National Electoral Commission, Prof. Mahmood Yakubu, on terminal leave.
The PUNCH reported that Falana was responding to viral reports that surfaced on Wednesday, which claimed that Tinubu had ordered Yakubu to proceed on compulsory leave in retaliation for an alleged last-minute betrayal of the ruling All Progressives Congress.
According to the unverified reports, Yakubu was directed to suspend his official duties ahead of the conclusion of his tenure, a move reportedly disrupting INEC’s planned schedule.
The speculation intensified after the commission canceled its quarterly consultative meeting with political parties and a scheduled session with civil society organisations, both set to begin on Wednesday.
Yakubu, who was initially appointed in 2015 by former President Muhammadu Buhari and reappointed in 2020 after Senate approval, is expected to complete his second term in October 2025.
If he does, he will become the first INEC chairman to serve two full terms since the commission’s inception.
Although the presidency has not issued an official statement, the reports suggesting Yakubu’s forced exit sparked widespread debate on social media.
On Thursday, Senior Special Assistant on Public Communications to FCT Minister Nyesom Wike, Lere Olayinka, affirmed via X that the directive was real and connected to Yakubu’s upcoming exit in October.
In contrast, former Kaduna Central Senator Shehu Sani dismissed the reports as “most likely social media entertainment news.”
Yakubu himself chaired INEC’s weekly management meeting on Thursday and even approved promotions for junior staff, indicating that the commission’s operations continue uninterrupted.
INEC spokesperson Rotimi Oyekanmi reminded Nigerians to refer to the 1999 Constitution before drawing conclusions. Sections 154(1) and 157(1) of the Constitution specify that while the President nominates the INEC Chairman, Senate confirmation is mandatory, and removal can only occur through a two-thirds Senate majority on grounds of incapacity or misconduct. Section 160(1) further protects the commission from executive interference, granting it authority to regulate its own procedures.
In a statement on Saturday, Falana highlighted that these constitutional provisions make it impossible for Tinubu to lawfully send Yakubu on terminal leave.
“Unlike other federal executive bodies, the Independent National Electoral Commission, its powers to make its own rules or otherwise regulate its own procedure shall not be subject to the approval or control of the President. To that extent, President Bola Tinubu cannot direct the INEC chairman to proceed on terminal leave,” he said.
Falana also recalled a similar incident in 2015, when rumours circulated that then INEC Chairman Prof. Attahiru Jega had been placed on a three-month terminal leave, which later proved false.
“We pointed out at the material time that the INEC chairman could not be directed by any authority to embark on terminal leave. It turned out that the President did not give any such directive,” he added.
