₦airaland Forum

Tinubu Lacks Power To Send INEC Chairman Prof Yakubu On Terminal Leave – Falana

Falana emphasised that the Constitution grants INEC the power to regulate its own procedures without presidential approval or control.

Human rights lawyer and legal luminary, Femi Falana, SAN, 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.

SaharaReporters had exclusively reported that Prof Joash Ojo Amupitan (SAN) emerged as the likely candidate to succeed Prof. Mahmood Yakubu as the National Chairman of the INEC.

On Monday, SaharaReporters exclusively reported that President Bola Tinubu had directed Yakubu to proceed on leave ahead of the expiration of his tenure.

BREAKING: Tinubu Directs INEC Chairman Yakubu To Immediately Proceed On Leave For ‘Betraying APC,’ Set To Nominate Successor
Sep 24, 2025
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ndependent National Electoral Commission (INEC), Prof. Mahmood Yakubu
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 told SaharaReporters 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.

Source:
https://saharareporters.com/2025/09/27/tinubu-lacks-power-send-inec-chairman-prof-yakubu-terminal-leave-falana

The electoral act should be ammended to take the power of appointing the INEC chairman from the president.

That position should be thrown up to the general public for Nigerians with specific qualifications and experience to apply for it and be interviewed by the national assembly and only sworn in by the president.

Tinubu is an illegal president and he thrives on illegalities like he did in Rivers State.

Falana pls this old man go and rest. This was how you mislead Fubara. You are human right lawyer and not a political lawyer. So if Tinubu can't remove Yakubu who then have the power? Does Yakubu became INEC Chairman by vote or by appointment? Anybody the gov appointed can be terminated by the govt so sir rest.

This one wan trend small like say him opinion matters

Falana, leave them. Yakubu thinks he's wise. Tinubu knew the game he played in 2023, so he does not want them to play it on him

Shawarmagirl:
Fear dey catch Tinubu. Put a South West as INEC chairman, the Northerners will oppose it and sees it as a calculated attempts to rig 2027 with his kinsmen.

If the president extends his tenure they will wail, if he says go on leave your tenure is about to expire, they will also wail, always Igbo, why?

But he is the constitution, according to his Buulaaabaaa disciplines..
The Jagaban! Their Alpha and Omega..
One of his followers here used to jump from one thread to the other shouting "after god na Tinubu"!!


Tinubu sees himself like a military Head of State. Akpabio and his Senate are like "The Supreme Military Council" of Babangida or Abacha to him.. All he needs to do to get rid of Mahmud is to write Akpabio demanding the authorisation of the legislature, and his wish will be legalised in few days.

That way, Mr Yakubu is toast.

The same Yakubu they called so many names in 2023 general election is now saint to ipobident. Is this how to play politics?

Falana, oya use your capacity to return him without crying

Falana and his “he lacks the power” rhetorics always. His voice has never been very strong in Nigeria political space to effect a proper makeshift especially, recently.