Falana: Tinubu Lacks Power to Send INEC Boss on Terminal Leave

Human rights lawyer Femi Falana (SAN) has declared that President Bola Tinubu lacks the constitutional authority to send the chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, on terminal leave. Falana’s statement came amid widespread but unconfirmed reports that Tinubu ordered Yakubu to proceed on compulsory leave reportedly as retaliation for an alleged last-minute betrayal of the ruling All Progressives Congress (APC) by the INEC chairman.

The rumors, which emerged Wednesday, claimed that Yakubu was directed to suspend official duties ahead of his tenure expiration in October 2025, the first INEC chairman to serve two full terms since the commission’s founding. The speculation gained traction after INEC abruptly canceled a key quarterly consultation with political parties and a planned session with civil society groups.

However, INEC’s work continues undisturbed with Yakubu chairing a commission management meeting and approving junior staff promotions just days after the alleged order. INEC spokesperson Rotimi Oyekanmi urged Nigerians to refer to constitutional provisions regulating the appointment and removal of INEC officials.

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Falana cited Sections 154(1) and 157(1) of the 1999 Constitution which require Senate confirmation for the chairman and stipulate that removal can only occur via a two-thirds Senate majority vote on grounds of misconduct or incapacity. Additionally, Section 160(1) protects INEC from presidential control over its procedures, effectively barring Tinubu from directing Yakubu on terminal leave.

Falana recalled a similar false claim in 2015 when former INEC chairman Attahiru Jega was rumored to have been sent on terminal leave, which was later denied.

Meanwhile, reports from sources claim that Tinubu’s directive followed allegations brought by Imo State Governor Hope Uzodimma accusing Yakubu of disrupting the APC’s re-election plans by facilitating new political parties and covert backing of opposition candidates. Tinubu is also reportedly preparing to submit a successor’s name to the National Assembly shortly.

Social media and key political figures remain sharply divided, with some affirming the directive’s reality and others dismissing it as mere social media rumors.