Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has dismissed claims that President Bola Tinubu directed the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, to proceed on terminal leave, insisting that the President lacks such constitutional authority.
Falana, who spoke on Friday in reaction to widespread reports of the alleged directive, said the 1999 Constitution explicitly protects the independence of the electoral body and does not empower the President to unilaterally remove or suspend its chairman.
According to him, while the President nominates the INEC chairman, the appointment must be confirmed by the Senate, and removal is only possible if supported by a two-thirds majority of the Senate based on proven misconduct or incapacity.
“The President has no legal basis to ask the INEC chairman to proceed on terminal leave,” Falana stated. “Sections 154, 157, and 160 of the Constitution clearly insulate INEC from executive control.”
The clarification follows a wave of online speculation that Tinubu ordered Yakubu to step aside, allegedly as part of a larger political maneuver. The rumors gained traction after INEC abruptly canceled meetings with political parties and civil society organizations scheduled for last week.
While the presidency has remained silent on the matter, the claims sparked intense debate on social media. Former senator Shehu Sani dismissed the story as “social media entertainment,” whereas Lere Olayinka, an aide to the FCT Minister, insisted the directive was genuine.
However, Yakubu’s continued presence at INEC headquarters — where he chaired the commission’s weekly management meeting and approved promotions for junior staff — suggests that no such directive was issued. INEC spokesperson Rotimi Oyekanmi also urged Nigerians to disregard speculation and rely on constitutional provisions.
Falana drew parallels with a similar incident in 2015, when reports claimed that then-INEC Chairman Prof. Attahiru Jega was forced on leave, which ultimately proved false. He warned the public against being misled by politically motivated rumors.
Prof. Yakubu, first appointed in 2015 and reappointed in 2020, is expected to complete his second five-year term in October 2025. He will become the first INEC chairman to serve two full terms since the commission’s establishment.
