Human rights lawyer, Femi Falana (SAN), has faulted reports suggesting that President Bola Tinubu ordered the Chairman of the Independent National Electoral Commission, Prof. Mahmood Yakubu, to proceed on terminal leave.

Naijaonpoint reports that Falana stated that such a move would be unconstitutional, as the President has no legal power to suspend or direct the exit of the electoral chief outside the framework of the law.

A viral report on Wednesday alleged that Tinubu had instructed Yakubu to step aside ahead of the expiration of his second term in October 2025, citing an alleged “betrayal” of the ruling All Progressives Congress during the 2023 general election.

The speculation intensified after INEC cancelled its quarterly consultative meeting with political parties and civil society organisations earlier in the week.

While some aides of top politicians, including Lere Olayinka, insisted the directive was real, former senator Shehu Sani dismissed the claims as “most likely social media entertainment news.”

Yakubu himself chaired INEC’s management meeting on Thursday and even approved staff promotions, suggesting that the commission’s operations remain unaffected.

In a statement made available to Saturday PUNCH, Falana pointed to constitutional provisions that shield INEC from executive interference.

“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. To that extent, President Bola Tinubu cannot direct the INEC chairman to proceed on terminal leave,” he said.

Falana cited Sections 154(1), 157(1), and 160(1) of the 1999 Constitution, which state that while the President nominates the INEC chairman, removal can only be effected with a two-thirds Senate majority on grounds of incapacity or misconduct.

The senior lawyer also recalled that a similar rumour had trailed the tenure of Prof. Attahiru Jega in 2015.

“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 noted.