The African Action Congress (AAC) has dragged President Bola Tinubu and the National Assembly before the Federal High Court in Abuja over the President’s prolonged stay in Europe and alleged failure to formally transfer presidential powers to Vice-President Kashim Shettima.
The suit, marked FHC/ABJ/CS/2353/2026 and filed on Monday by the party’s National Legal Adviser, Inibehe Effiong, also listed Attorney-General of the Federation Lateef Fagbemi, Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abbas and the National Assembly as defendants.
Tinubu left Nigeria for London on August 30 for a three-week working vacation. The Presidency later announced on September 21 that he had extended his stay by a few days and was expected to return at the weekend. However, reports on September 27 said his return had been postponed, with September 29 subsequently reported as the expected date.
AAC is asking the court to declare that Tinubu’s alleged failure to transmit a written declaration to the Senate President and House Speaker, as required under Section 145(1) of the 1999 Constitution, is unlawful and unconstitutional.
Section 145(1) provides that when the President proceeds on vacation or is otherwise unable to perform his duties, he is to transmit a written declaration to the leaders of the National Assembly. If the declaration is not transmitted within 21 days, Section 145(2) provides for the National Assembly to pass a resolution authorising the Vice-President to perform the President’s functions as Acting President.
The AAC is also asking the court to declare that the National Assembly’s alleged failure to pass such a resolution after Tinubu’s absence exceeded 21 days violated the Constitution.
The party further seeks a perpetual injunction preventing Tinubu and future presidents from proceeding on vacation without complying with Section 145.
The Presidency has maintained that Tinubu remained in contact with officials and continued directing government affairs while abroad.
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