Renowned human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has stated that President Bola Tinubu does not have the constitutional authority to place the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, on terminal leave.
Falana’s remarks follow reports that surfaced earlier in the week alleging that President Tinubu had instructed Yakubu to proceed on compulsory leave, purportedly due to a perceived betrayal of the ruling All Progressives Congress (APC).
The report, which remains unconfirmed, claimed the directive was a form of retaliation and has since sparked widespread debate.
The speculation intensified after INEC suddenly cancelled its quarterly consultative meetings with political parties and civil society organisations that were scheduled to begin Wednesday.
Prof. Yakubu, who was appointed in 2015 by former President Muhammadu Buhari and reappointed in 2020 after Senate confirmation, is due to complete his second term in October 2025.
He is the first INEC chairman to serve two full terms since the agency was established.
Although the presidency has not issued any official comment, the reports have led to significant reactions across social media platforms.
While some officials appeared to support the claims, others have dismissed them.
Lere Olayinka, Senior Special Assistant on Public Communications to the FCT Minister, Nyesom Wike, took to X (formerly Twitter) to assert that the directive was indeed genuine and tied to Yakubu’s imminent departure.
However, former Kaduna Central Senator Shehu Sani downplayed the report, describing it as “most likely social media entertainment news.”
Despite the swirling rumours, Yakubu chaired INEC’s weekly management meeting on Thursday and reportedly approved staff promotions—suggesting that he remains in full control of the commission’s affairs.
Reacting to the controversy, INEC’s spokesperson, Rotimi Oyekanmi, urged Nigerians to refer to the 1999 Constitution before forming opinions, highlighting that the law clearly outlines how the INEC chair can be appointed or removed.
Sections 154(1) and 157(1) of the Constitution state that while the President can nominate the INEC Chairman, removal requires a two-thirds majority in the Senate and must be based on proven incapacity or misconduct.
Additionally, Section 160(1) gives INEC autonomy to regulate its own procedures without presidential interference.
In a statement to Saturday PUNCH, Falana emphasized that these constitutional safeguards make it impossible for the President to lawfully direct the INEC Chairman to go 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 referenced a similar rumour from 2015 when it was alleged that then-INEC Chairman Prof. Attahiru Jega had been asked to embark on three months’ terminal leave.
That claim, he said, was eventually proven to be 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,” Falana added.
