Tinubu has no authority to place INEC chairman, Yakubu, on terminal leave – Falana

Prominent human rights advocate, Femi Falana (SAN), has stated that President Bola Tinubu has no constitutional right to compel the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, to embark on terminal leave.

His position follows unverified reports circulating midweek alleging that the President had ordered Yakubu to step aside ahead of the conclusion of his tenure, reportedly as retaliation for perceived disloyalty to the ruling All Progressives Congress.

According to the claims, the directive had unsettled INEC operations, with attention drawn to the abrupt cancellation of its quarterly consultations with political parties and civil society organisations, scheduled for Wednesday.

Yakubu, first appointed in 2015 and reappointed in 2020 after Senate approval, is due to complete his second term in October 2025, making him the first INEC boss to serve two terms.

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While the presidency has not released an official statement on the matter, the rumour has ignited heated online reactions. On Thursday, Lere Olayinka, media aide to FCT Minister Nyesom Wike, insisted the order was genuine and linked to Yakubu’s imminent exit.

However, former Kaduna Central lawmaker, Shehu Sani, dismissed the speculation as “most likely social media entertainment news.”

Despite the controversy, Yakubu presided over INEC’s weekly management meeting on Thursday and even approved promotions for junior staff, an indication that the commission’s activities remain intact.

INEC’s spokesperson, Rotimi Oyekanmi, meanwhile, urged Nigerians to consult constitutional provisions, pointing out that the law specifies the processes for appointment and removal of the chairman. Sections 154(1) and 157(1) of the 1999 Constitution state that while the President nominates the INEC chairman with Senate confirmation, removal requires a two-thirds vote of the Senate on grounds of incapacity or misconduct. Section 160(1) further empowers the commission to regulate its own procedures without executive interference.

In a statement on Friday, Falana stressed that these safeguards prevent any president from unilaterally sending the INEC chairman on 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 further recalled that in 2015, similar reports circulated about then INEC chairman Prof. Attahiru Jega being sent on terminal leave, which later turned out to be untrue.

“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.

(PUNCH)