Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has firmly stated that President Bola Ahmed Tinubu lacks the constitutional authority to direct the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, to proceed on terminal leave.
Falana’s remarks come in response to widespread speculation that President Tinubu had ordered Yakubu to step aside ahead of the expiration of his tenure in October 2025. The rumors gained traction following INEC’s abrupt cancellation of its quarterly consultative meetings with political parties and civil society organizations earlier this week.
In a statement issued Friday, Falana cited Sections 154(1), 157(1), and 160(1) of the 1999 Constitution, emphasizing that while the President nominates the INEC Chairman, removal from office requires a two-thirds majority vote in the Senate and must be based on proven incapacity or misconduct.
“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 stated. “To that extent, President Bola Tinubu cannot direct the INEC chairman to proceed on terminal leave.”
Falana also recalled a similar episode in 2015 involving former INEC Chairman Prof. Attahiru Jega, which turned out to be unfounded. He urged Nigerians to consult the Constitution before drawing conclusions from unverified reports.