Renowned human rights lawyer Femi Falana (SAN) has declared that President Bola Tinubu has no constitutional authority to force the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, to proceed on terminal leave. This statement comes amid swirling rumours that Tinubu ordered Yakubu’s suspension to settle political scores.

The controversy erupted on Wednesday, 24th September 2025, when unverified reports claimed the President had directed Yakubu to step aside before his tenure ends in October 2025. The alleged move was linked to claims of Yakubu’s last-minute betrayal of the ruling All Progressives Congress (APC) during recent elections. The speculation intensified after INEC abruptly cancelled its quarterly meeting with political parties and a planned session with civil society groups.

Falana, in a statement issued to the press on Friday, dismissed the claims, citing the 1999 Constitution. “The President cannot direct the INEC chairman to proceed on terminal leave,” Falana said. “Sections 154(1) and 157(1) of the Constitution clearly state that the INEC chairman’s appointment and removal require Senate confirmation, and removal can only occur with a two-thirds majority vote on grounds of incapacity or misconduct.”

He further highlighted Section 160(1), which grants INEC autonomy to regulate its procedures without executive interference. “The commission’s independence is sacrosanct,” Falana added, referencing a similar 2015 rumour about former INEC Chairman Prof. Attahiru Jega. “We debunked that claim then, and it turned out to be false. The same applies now.”

Yakubu, appointed in 2015 by former President Muhammadu Buhari and reappointed in 2020, is set to be the first INEC chairman to complete two terms. On Thursday, he chaired INEC’s weekly management meeting and approved staff promotions, actions that suggest the commission’s operations remain unaffected by the rumours.

INEC’s spokesperson, Rotimi Oyekanmi, urged the public to refer to the Constitution before spreading unverified claims. “The law is clear on the processes for appointment and removal,” he said.

The controversy has sparked heated debates online. Lere Olayinka, Senior Special Assistant to FCT Minister Nyesom Wike, insisted on X that the directive was genuine, tying it to Yakubu’s impending exit. However, former Senator Shehu Sani called the reports “social media entertainment news,” dismissing their credibility.