Human rights lawyer, Femi Falana (SAN), has declared that President Bola Tinubu lacks the constitutional authority to place the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, on terminal leave before the end of his tenure.
Appointed by former President Muhammadu Buhari in 2015 and reappointed in 2020 following Senate confirmation, Yakubu is on course to become the first INEC chairman to complete two full terms when his tenure ends in October next year.
Falana’s position follows unverified reports which surfaced on Wednesday alleging that President Tinubu had ordered Yakubu to proceed on compulsory leave ahead of his expected exit in October 2025.
The alleged move, according to the reports, was meant to punish the INEC chairman for an alleged last-minute “betrayal” of the ruling All Progressives Congress (APC) during the 2023 general elections.
The speculation intensified after INEC abruptly cancelled its quarterly consultative meetings with political parties and civil society organisations scheduled for Wednesday, fuelling claims of an impending shake-up at the commission.
Despite the claims, Yakubu presided over INEC’s management meeting on Thursday and approved promotions for junior staff, a development seen as proof that the commission’s work remains unaffected.
INEC’s spokesperson, Rotimi Oyekanmi, also urged Nigerians to familiarise themselves with constitutional provisions before drawing conclusions, pointing out that the law sets out clear procedures for the appointment and removal of the electoral body’s leadership.
Sections 154(1) and 157(1) of the 1999 Constitution empower the president to nominate the INEC chairman, subject to Senate confirmation, but stipulate that removal can only occur with a two-thirds Senate majority and on grounds of incapacity or misconduct. Section 160(1) further insulates the commission from executive interference, granting it the power to regulate its own affairs.
Citing these provisions, Falana maintained that President Tinubu could not legally order Yakubu to embark 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,” Falana said. “To that extent, President Bola Tinubu cannot direct the INEC chairman to proceed on terminal leave.”
Falana recalled that a similar situation occurred in 2015 when rumours circulated that then-INEC chairman, Prof. Attahiru Jega, had been placed on three months’ terminal leave — a claim that 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.
