Falana To Tinubu: You Lacks Power To Send INEC Chairman Prof Yakubu On Terminal Leave
Femi Falana, SAN, Human rights lawyer and legal luminary, has stated that President Bola Tinubu lacks the constitutional authority to send the chairman of the Independent National Electoral Commission (INEC), Prof Mahmood Yakubu, on terminal leave.
Falana emphasised that the Constitution grants INEC the power to regulate its own procedures without presidential approval or control.
“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,” he said.
He further stressed that this constitutional provision makes it impossible for Tinubu to lawfully order Yakubu on terminal leave.
“To that extent, President Bola Tinubu cannot direct the INEC chairman to proceed on terminal leave,” Falana added.
This development follows a viral report alleging that Tinubu ordered Yakubu to proceed on compulsory leave, reportedly as a result of Yakubu’s alleged last-minute betrayal of the ruling All Progressives Congress (APC).
The speculation gained traction after INEC cancelled its quarterly consultative meeting with political parties and a planned session with civil society organisations.
The controversy surrounding Tinubu’s authority has sparked debates across Nigeria, drawing parallels with his declaration of emergency rule in Rivers State, which was criticized for lacking constitutional authority.
Both incidents have raised questions about the limits of presidential power and the interpretation of constitutional provisions.
Naija News House had reported that Prof Joash Ojo Amupitan (SAN) emerged as the likely candidate to succeed Prof. Mahmood Yakubu as the National Chairman of the INEC.
It was earlier reported that President Bola Tinubu had directed Yakubu to proceed on leave ahead of the expiration of his tenure.
Insider sources described the move as a response to what they termed Yakubu’s “last-minute betrayal” of the All Progressives Congress (APC) government that appointed him.
Imo State Governor Hope Uzodimma reportedly met with President Tinubu shortly after the president returned from a 12-day working vacation, alleging that Yakubu’s efforts to register new political parties toward the end of his tenure had disrupted Tinubu’s preparations for a second term.
Sources said that the governor also claimed that Yakubu was covertly supporting a candidate in the Imo State governorship election.
Following the briefing, Tinubu reportedly requested that Yakubu suspend all official duties and proceed on a terminal leave.
