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Tinubu Lacks Power to Send INEC Chairman on Terminal Leave – Falana

Femi Falana

Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has dismissed viral claims that President Bola Tinubu ordered the INEC Chairman, Prof. Mahmood Yakubu, to proceed on compulsory terminal leave.

The reports, which alleged last-minute political disagreements with the APC, suggested Yakubu was asked to step aside ahead of his tenure’s expiration in October 2025. The speculation intensified after INEC abruptly canceled its quarterly consultative meetings with political parties and civil society groups earlier in the week.

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But Falana, citing Sections 154(1), 157(1), and 160(1) of the 1999 Constitution, clarified that the President cannot unilaterally suspend or remove the INEC chairman. Removal, he explained, requires a two-thirds Senate majority and must be based strictly on incapacity or misconduct.

“Unlike other federal executive bodies, the Independent National Electoral Commission… 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.

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He also recalled that a similar rumor spread in 2015 about then-INEC chairman Prof. Attahiru Jega, which turned out to be false.

Meanwhile, Yakubu has continued his official duties, chairing INEC’s weekly management meeting on Thursday, where he approved promotions for junior staff.

INEC spokesperson Rotimi Oyekanmi urged Nigerians to rely on constitutional provisions rather than online speculation.

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