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Human rights lawyer Femi Falana, SAN, has stated that President Bola Tinubu lacks the constitutional authority to place the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, on terminal leave.

Falana made this known in a statement issued on Friday, in response to widespread reports claiming that President Tinubu had directed Yakubu to go on compulsory leave as a form of retaliation for allegedly betraying the All Progressives Congress (APC) during the last election.

According to the reports, the directive required Yakubu to step aside from official duties ahead of the end of his tenure—a move that reportedly disrupted INEC’s operational schedule.

The rumors gained traction after INEC abruptly cancelled its quarterly consultative meeting with political parties and a planned engagement with civil society organisations, both of which were slated to begin on Wednesday.

In his reaction, Falana emphasized that the Nigerian Constitution protects the independence of the electoral body, making it unlawful for the president to unilaterally remove or sideline the INEC chairman through terminal leave or any similar measure.

“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.

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