Tinubu Lacks Power to Send INEC Chairman on Terminal Leave, Says Falana

Human rights lawyer Femi Falana has stated that President Bola Tinubu does not have the constitutional authority to send the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, on terminal leave.

This statement comes after a viral report alleged that Tinubu ordered Yakubu to proceed on compulsory leave, reportedly due to Yakubu’s alleged last-minute betrayal of the ruling All Progressives Congress (APC).

Falana emphasized that the Constitution grants INEC the power to regulate its own procedures without presidential approval or control. He cited Sections 154(1), 157(1), and 160(1) of the 1999 Constitution, which stipulate that while the President nominates the INEC Chairman, removal can only be effected with a two-thirds Senate majority on grounds of incapacity or misconduct.

The senior lawyer recalled a similar rumor in 2015 regarding former INEC Chairman Prof. Attahiru Jega, 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,” Falana added.

Yakubu’s tenure is set to expire in October 2025, and he is expected to become the first INEC Chairman to serve two full terms since the commission’s establishment. Despite the speculation, Yakubu chaired INEC’s weekly management meeting and approved promotions for junior staff, indicating that the commission’s work continues uninterrupted.

INEC’s spokesperson, Rotimi Oyekanmi, has urged Nigerians to consult the Constitution before drawing conclusions, noting that it outlines procedures for appointment and removal.