Human rights attorney, Femi Falana (SAN), asserted on Friday that President Bola Tinubu does not possess the constitutional authority to place the National Chairman of the Independent National Electoral Commission, Prof. Mahmood Yakubu, on mandatory leave.
Falana insisted that a widely circulated report from Wednesday claiming that Tinubu had instructed the INEC chief to take a compulsory leave as retaliation for his purported last-minute disloyalty to the ruling All Progressives Congress was unfounded.
The unverified claims suggested that Yakubu was told to suspend his official responsibilities prior to the end of his tenure, a decision purportedly throwing INEC’s timetable into disarray. This conjecture seemingly gained momentum after the commission canceled its regular consultative meeting with political parties and a planned discussion with civil society organizations that was set to commence on Wednesday.
Yakubu was initially appointed in 2015 by former President Muhammadu Buhari and was reappointed in 2020 following Senate approval. He is anticipated to conclude his second tenure in October 2025, making him the first INEC chairman to complete two terms since the commission was founded.
While an official confirmation from the presidency is yet to be released, the rumors surrounding Yakubu’s forced departure have stirred intense discussions on social media. In a reaction on Thursday via X, Lere Olayinka, Senior Special Assistant on Public Communications to FCT Minister Nyesom Wike, asserted that the order was authentic and associated with Yakubu’s impending exit in October.
However, former Kaduna Central Senator, Shehu Sani, dismissed the assertions as “most likely social media entertainment news.” Yakubu himself presided over INEC’s weekly management gathering on Thursday, mere hours after the alleged instruction, and even authorized promotions for junior staff, indicating that the commission’s operations are continuing unabated.
INEC’s spokesperson, Rotimi Oyekanmi, also encouraged Nigerians to refer to the 1999 Constitution before forming conclusions, emphasizing that the law clearly outlines the processes for appointment and dismissal.Sections 154(1) and 157(1) of the Constitution specify that while the President nominates the INEC Chairman, Senate approval is essential, and removal can only occur with a two-thirds majority of the Senate based on incapacity or misconduct.Section 160(1) further protects the commission from executive oversight, empowering it to govern its own procedures.
In a statement made available, Falana reiterated that these provisions have rendered it impossible for Tinubu to legitimately instruct Yakubu to take terminal leave.“Unlike other federal executive organizations, the Independent National Electoral Commission’s ability to create its own regulations or otherwise manage its procedures 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 stated.
He recalled that in 2015, a similar rumor surfaced that then INEC Chairman, Prof. Attahiru Jega, had been placed on three months’ terminal leave, but the allegation ultimately proved untrue.
“We highlighted at the time that the INEC chairman could not be ordered by any authority to take terminal leave. It later emerged that the President did not issue any such order,” Falana added.