Prime Business Africa
In a shocking development, renowned human rights lawyer Femi Falana, SAN, has thrown a legal wrench into President Bola Tinubu’s alleged plan to send Independent National Electoral Commission (INEC) Chairman, Prof. Mahmood Yakubu, on terminal leave. According to Falana, the President does not have the constitutional authority to dictate the INEC chair’s tenure or working schedule.
Falana made this assertion in a statement released on Friday, following reports that Tinubu had ordered Yakubu to proceed on compulsory leave as a form of punishment for allegedly betraying the ruling All Progressives Congress (APC). The move is said to have caused unease within INEC, potentially disrupting the commission’s schedule.
However, Falana emphasized that the Constitution grants INEC significant autonomy, allowing it to regulate its own procedures without presidential approval. “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,” Falana argued.
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In light of this constitutional provision, Falana insisted that President Tinubu cannot lawfully direct the INEC chairman to proceed on terminal leave. This development raises questions about the limits of presidential power and the independence of electoral institutions in Nigeria. As the situation unfolds, one thing is certain: the stakes are high, and the implications for Nigeria’s democratic process could be far-reaching.
