Falana to Tinubu: You can’t place INEC Chairman on terminal leave

A senior advocate and human rights defender, Femi Falana (SAN) said that President Bola Tinubu dies not have any power under the law of the country to place the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, on terminal leave before the end of his tenure.

Yakubu’s second term tenure will elapse in October ending. He was appointed in 2015 by former President Muhammadu Buhari and reappointed in 2020.

While the Tinubu administration is shopping for a replacement, there was speculation early last week that the chairman has been ordered to proceed on terminal leave, a development that sparked public comments.

The speculation was heightened on Wednesday when an engagement with stakeholders was cancelled.

However, Yakubu presided over INEC’s management meeting on Thursday and approved promotions for junior staff, a development seen as proof that the commission’s work remains unaffected.

His spokesperson, Rotimi Oyekanmi addressed the issue by urging concerned persons to study the constitutional provisions for procedural steps.

Sections 154(1) and 157(1) of the 1999 Constitution empower the president to nominate the INEC chairman, subject to Senate confirmation, but stipulate that removal can only occur with a two-thirds Senate majority and on grounds of incapacity or misconduct. Section 160(1) further insulates the commission from executive interference, granting it the power to regulate its own affairs, he said.

Falana in a statement said President Tinubu could not legally order Yakubu to embark 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,” Falana said. “To that extent, President Bola Tinubu cannot direct the INEC chairman to proceed on terminal leave.”

“We pointed out at the material time that the INEC chairman could not be directed by any authority to embark on terminal leave. It turned out that the President did not give any such directive,” he said.