Falana: Tinubu Cannot Send INEC Chairman on Terminal Leave

Human rights lawyer, Femi Falana, SAN, has stated that President Bola Tinubu lacks the constitutional power to compel the National Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, to proceed on terminal leave.

Falana issued the clarification in a statement on Friday following a viral report alleging that Tinubu had ordered the INEC boss to step aside in retaliation for an alleged last-minute betrayal of the ruling All Progressives Congress (APC).

According to the speculation, Yakubu was instructed to suspend official duties ahead of the expiration of his tenure, a move that reportedly unsettled INEC’s operational schedule. The rumours gained traction after the electoral commission abruptly cancelled its quarterly consultative meeting with political parties and a planned session with civil society organisations scheduled to begin on Wednesday.

Reacting, Falana stressed that constitutional provisions shield INEC from executive interference, making it unlawful for the President to place its chairman 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” Falana said.

The development has sparked renewed debate over the independence of INEC, with political observers emphasising the need to safeguard the electoral body from political influence as the 2027 general elections approach.