Human rights lawyer Femi Falana (SAN) says President Bola Tinubu has no constitutional authority to order Independent National Electoral Commission (INEC) Chairman, Prof. Mahmood Yakubu, to proceed on terminal leave.
The reaction follows viral claims that Tinubu asked Yakubu to step aside before the end of his tenure in October 2025.
The report, which has not been verified, alleged the move was punishment for Yakubu’s supposed “betrayal” of the ruling APC.
The speculation grew after INEC abruptly cancelled consultative meetings with political parties and civil society groups on September 24.
Still, Yakubu chaired the commission’s weekly management meeting the next day and even approved staff promotions, suggesting that INEC’s work remains unaffected.
Reactions have been divided: Lere Olayinka, aide to FCT Minister Nyesom Wike, insisted the order was real, while former Kaduna Central senator Shehu Sani dismissed it as “social media entertainment.”
INEC spokesperson Rotimi Oyekanmi urged Nigerians to rely on the Constitution, not rumours.
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Reacting, Falana stressed that under sections 154(1) and 157(1) of the 1999 Constitution, removal of the INEC chairman requires a two-thirds Senate majority and can only be on grounds of incapacity or misconduct.
He added that section 160(1) shields INEC from presidential control, making any such directive unlawful.
He recalled a similar episode in 2015 when speculation claimed then-chairman Prof. Attahiru Jega was forced on terminal leave—claims later proven false.
Yakubu, first appointed in 2015 and reappointed in 2020, is the first INEC chairman to serve two full terms. His tenure ends in October 2025.