Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, on Friday said that President Bola Tinubu does not have the constitutional power to order the National Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, on terminal leave.
This comes amid viral reports claiming that Tinubu had ordered Yakubu to proceed on compulsory leave over alleged last-minute political disagreements with the ruling All Progressives Congress (APC).
Viral Report Sparks Confusion
The unverified reports suggested that Yakubu was directed to suspend official duties ahead of the expiration of his tenure, a move said to have unsettled INEC’s schedule.
The speculation gained traction after the commission canceled its quarterly consultative meeting with political parties and a planned session with civil society organisations, originally scheduled for Wednesday.
Yakubu was first appointed INEC chairman in 2015 by former President Muhammadu Buhari and reappointed in 2020 following Senate confirmation. He is expected to complete his second term in October 2025, making him the first INEC chairman to serve two full terms since the commission’s establishment.
While no official statement came from the presidency, the reports sparked heated debates on social media.
Some government aides, like Lere Olayinka, Senior Special Assistant to FCT Minister Nyesom Wike, claimed the directive was real.
Meanwhile, political figures such as former Senator Shehu Sani dismissed it as likely “social media entertainment.”
Falana Clarifies Legal Position
Speaking to the press, Falana cited constitutional provisions that prevent the President from unilaterally placing the INEC chairman on leave.
Sections 154(1) and 157(1) of the 1999 Constitution stipulate that while the President nominates the INEC chairman, Senate confirmation is required, and removal can only occur with a two-thirds Senate majority based on incapacity or misconduct.
Section 160(1) grants INEC autonomy to regulate its procedures.
Falana said; “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 also recalled that a similar claim circulated in 2015 regarding former INEC chairman Prof. Attahiru Jega, which later proved false.
Meanwhile, Yakubu chaired INEC’s weekly management meeting on Thursday, approving promotions for junior staff, signalling that the commission’s work continues unaffected.
INEC’s spokesperson, Rotimi Oyekanmi, advised Nigerians to consult the Constitution before drawing conclusions.