𝐓𝐢𝐧𝐮𝐛𝐮 𝐜𝐚𝐧’𝐭 𝐬𝐞𝐧𝐝 𝐈𝐍𝐄𝐂 𝐛𝐨𝐬𝐬 𝐨𝐧 𝐭𝐞𝐫𝐦𝐢𝐧𝐚𝐥 𝐥𝐞𝐚𝐯𝐞 — 𝐅𝐚𝐥𝐚𝐧𝐚

Human rights lawyer, Femi Falana (SAN), on Friday said President Bola Tinubu lacks constitutional power to send the National Chairman of the Independent National Electoral Commission, Prof. Mahmood Yakubu, on terminal leave.

Falana asserted a viral report which emerged on Wednesday alleging that Tinubu had ordered the INEC boss to proceed on compulsory leave to avenge his alleged last-minute betrayal of the ruling All Progressives Congress.

The unconfirmed reports claimed Yakubu was directed to suspend official duties ahead of the expiration of his tenure, a move said to have unsettled INEC’s schedule.

The speculation reportedly gained traction after the commission cancelled its quarterly consultative meeting with political parties and a planned session with civil society organisations, which had been scheduled to begin on Wednesday.

Yakubu was first appointed in 2015 by former President Muhammadu Buhari and reappointed in 2020 after Senate confirmation.

He is expected to complete his second term in October 2025, becoming the first INEC chairman to serve two terms since the commission’s establishment.

Although there had been no official statement from the presidency, the reports indicating Yakubu’s forced ouster have so far triggered heated reactions on social media.

Reacting on Thursday via X, Lere Olayinka, Senior Special Assistant on Public Communications to FCT Minister Nyesom Wike, insisted that the directive was real and tied to Yakubu’s upcoming exit in October.

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

Yakubu himself chaired INEC’s weekly management meeting on Thursday, hours after the alleged directive, and even approved promotions for junior staff, signalling that the commission’s work is ongoing.

INEC’s spokesperson, Rotimi Oyekanmi, also urged Nigerians to consult the 1999 Constitution before reaching conclusions, noting that the law already outlines procedures for appointment and removal.

Sections 154(1) and 157(1) of the Constitution stipulate that while the President nominates the INEC Chairman, Senate confirmation is required, and removal can only occur with a two-thirds majority of the Senate based on incapacity or misconduct.

Section 160(1) further shields the commission from executive control, granting it the authority to regulate its own procedures.

In a statement made available to Saturday PUNCH, Falana emphasised that these provisions had made it impossible for Tinubu to lawfully order Yakubu on terminal 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.

He recalled that in 2015, a similar claim circulated that then INEC Chairman, Prof. Attahiru Jega, had been sent on three months’ terminal leave, but the rumour later proved false.

“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)