Human rights lawyer, Femi Falana (SAN), has stated that President Bola Ahmed Tinubu does not have the constitutional authority to send the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, on terminal leave ahead of the expiration of his tenure. Falana made this known while addressing journalists in Lagos, where he cautioned against any attempt to undermine the independence of the electoral body.
According to Falana, the INEC Chairman, like judges of superior courts of record, enjoys security of tenure as provided by the 1999 Constitution (as amended). He explained that the law does not make provision for terminal leave in the case of the INEC boss, stressing that such an action would be unlawful and contrary to the principles of democratic governance.
The Senior Advocate argued that the only circumstances under which an INEC Chairman can be removed from office are clearly spelt out in the Constitution. These include resignation or removal by the President, but only upon an address supported by a two-thirds majority of the Senate. Any other measure, he said, would amount to a violation of the rule of law and a dangerous precedent for Nigeria’s democracy.
Falana further noted that past administrations had attempted similar maneuvers with heads of constitutional bodies, but such actions were widely condemned and challenged in court. He warned that any interference with the independence of INEC would erode public confidence in the electoral process and cast doubts on the credibility of future elections.
The human rights lawyer urged President Tinubu to respect constitutional boundaries and allow the electoral commission to function without undue interference. He insisted that democracy can only be safeguarded if institutions are allowed to operate within the limits of the law.
Falana also advised political actors to channel their energies towards strengthening electoral reforms rather than attempting to manipulate or intimidate institutions. He emphasized that credible elections remain the foundation of a stable democracy, and tampering with INEC’s leadership would only deepen political instability.
His remarks have sparked public debate as Nigerians closely monitor the relationship between the Presidency and INEC, particularly in light of ongoing preparations for future elections. Legal experts and civil society groups have echoed Falana’s concerns, warning that any unlawful action against the electoral body could trigger constitutional crises.
