Human rights lawyer, Femi Falana, SAN, insists President Bola Tinubu does not have the constitutional power to send the National Chairman of the Independent National Electoral Commission, Prof. Mahmood Yakubu, on terminal leave.
Falana said this in a statement on Friday following a viral report alleging that Tinubu had ordered the INEC boss to proceed on compulsory leave to avenge his alleged last-minute betrayal of the ruling All Progressives Congress, APC.
According to the speculation, the INEC boss was ordered to suspend official duties ahead of the expiration of his tenure, a move said to have unsettled INEC’s schedule.
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However, the legal luminary while reacting, stressed that constitutional provisions had made it impossible for Tinubu to lawfully order Yakubu on terminal leave.
“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.