Human rights lawyer, Femi Falana (SAN), has declared that President Bola Tinubu has no constitutional authority to direct the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, to proceed on terminal leave.

Recall that a viral report circulating since Wednesday, September 24, alleged that Tinubu had instructed Yakubu to step aside before the end of his tenure as a form of reprisal against the INEC boss for his alleged last-minute “betrayal” of the ruling All Progressives Congress (APC).

However, the claim, however, remains unverified.

Speculation unsettles political space

The rumours gained momentum after INEC cancelled its quarterly consultative meetings with political parties and civil society organisations scheduled for Wednesday.

Yakubu, first appointed by former President Muhammadu Buhari in 2015 and reappointed in 2020, is due to complete his second term in October 2025, becoming the first INEC chairman to serve two full terms.

Despite the speculation, Yakubu chaired the commission’s weekly management meeting on Thursday, September 25, and even approved promotions for staff, a move suggesting that INEC’s operations remain on track.

Mixed reactions to alleged order

Reactions to the purported directive have been divided. Lere Olayinka, Senior Special Assistant on Public Communications to FCT Minister Nyesom Wike, insisted that the order was genuine and connected to Yakubu’s expected exit next year.

By contrast, former Kaduna Central Senator Shehu Sani dismissed the claims as “most likely social media entertainment news.”

INEC spokesperson, Rotimi Oyekanmi, urged Nigerians to consult the 1999 Constitution before drawing conclusions, stressing that both the appointment and removal of the INEC chairman are guided by clear legal provisions.

Falana cites constitutional safeguards

Falana emphasised that sections 154(1) and 157(1) of the 1999 Constitution stipulate that while the President nominates the INEC chairman, removal requires a two-thirds majority of the Senate and must be based on proven incapacity or misconduct.

He further noted that section 160(1) shields INEC from executive interference, granting it the autonomy to regulate its internal procedures.

“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,” Falana stated.

Historical context recalled

The senior lawyer recalled a similar episode in 2015, when speculation suggested that then INEC chairman, Prof. Attahiru Jega, had been forced to proceed on three months’ terminal leave.

“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.