AAC sues Tinubu, n’assembly over failure to hand over power to Shettima during vacation

The African Action Congress (AAC) has sued President Bola Tinubu before a federal high court in Abuja over his alleged failure to transmit power to Vice-President Kashim Shettima during his prolonged vacation in Europe.

The suit, marked FHC/ABJ/CS/2353/2026, was filed on Monday by Inibehe Effiong, AAC national legal adviser.

The plaintiffs include Tinubu, Lateef Fagbemi, attorney-general of the federation (AGF) and minister of justice; Godswill Akpabio, senate president; Tajudeen Abbas, speaker of the house of representatives; and the national assembly. They were all sued in their official capacities.

The opposition party is asking the court to determine whether Tinubu can proceed on vacation without transmitting a written declaration to the senate president and speaker, as required under section 145(1) of the 1999 Constitution.

The AAC also wants the court to determine whether Tinubu’s failure to transmit the declaration before travelling to Europe on August 30 was unconstitutional.

In one of the questions for determination, AAC asked whether Tinubu’s decision to remain on vacation from August 30 to September 28 without transmitting the declaration was “not unconstitutional, unlawful, undemocratic and a violation of the 1st Defendant’s oath of office.”

The party is also challenging the national assembly’s alleged failure to act after Tinubu’s absence exceeded 21 days.

The AAC asked the court to determine whether the National Assembly’s failure to pass a resolution authorising Shettima to perform the functions of president as acting president was “not unlawful, unconstitutional and a violation of the mandatory duty imposed on the National Assembly under Section 145 (2)” of the Constitution.

Among the reliefs sought, the party wants a declaration that Tinubu is “mandated to compulsorily transmit a written declaration” to the senate president and speaker before proceeding on vacation.

It also wants the court to declare that Tinubu’s failure to transmit the declaration before his trip to Europe was “undemocratic and a gross violation” of the Constitution.

The AAC is further seeking a perpetual injunction restraining Tinubu from proceeding on vacation, whether within or outside Nigeria, without transmitting the required declaration to the senate president and speaker.

The president left Nigeria on August 30 for London, with the presidency describing the trip as a three-week working vacation. He later travelled to Paris, France, where he held official engagements.

On September 21, Bayo Onanuga, presidential spokesperson, announced that Tinubu had extended his stay abroad by a few days and would return at the weekend.

TheCable reported on Sunday that the president’s return was again postponed following a last-minute change in his travel plans. He was initially expected to return at the weekend but was later expected to return on Tuesday.

The presidency has said Tinubu remained in touch with officials in Nigeria and continued to direct government affairs while abroad.

Section 145(2) of the Constitution provides that where a president is unable or fails to transmit the required declaration within 21 days, the national assembly may, by a resolution, mandate the vice-president to perform the functions of president as acting president.(TheCable)