The African Action Congress has filed a suit against President Bola Tinubu, the National Assembly, and the Attorney General of the Federation at the Federal High Court in Abuja. The party alleges that Tinubu failed to notify the National Assembly before embarking on a month-long vacation in Europe. The suit, marked FHC/ABJ/CS/2358/2026, lists Tinubu, the AGF, the Senate President, the Speaker of the House of Representatives, and the National Assembly as defendants.
According to the AAC, Tinubu left Nigeria for Europe on August 30, 2026, and remained there as of the date the suit was filed. The party claims that Tinubu breached Section 145(1) of the 1999 Constitution by not transmitting a written declaration to the President of the Senate and the Speaker of the House of Representatives before proceeding on vacation. The AAC is seeking a declaration that Tinubu's action was unconstitutional and a gross violation of the Constitution.
The AAC is also challenging the National Assembly's alleged failure to convene and pass a resolution authorising the Vice-President to act as President after Tinubu had spent more than 21 days on vacation. The party argues that the National Assembly's inaction was unlawful, unconstitutional, and a violation of the mandatory duty imposed on the National Assembly under Section 145(2) of the Constitution.
The party is seeking an order of perpetual injunction restraining Tinubu from embarking on any future vacation, whether within or outside Nigeria, without first transmitting the required written declaration to the Senate President and the Speaker. The suit asks the court to determine whether a purposive and dispassionate interpretation of Section 145(1) permits the President to proceed on vacation without transmitting a written declaration to the National Assembly.
The AAC filed the case pursuant to Order 3 Rule 9 of the Federal High Court (Civil Procedure) Rules, 2019, and Sections 6 and 145 of the Constitution. The originating summons directs the defendants to enter an appearance within 30 days of service, warning that failure to do so could lead to such orders and proceedings as the court may consider just and expedient.
The suit was filed by Inibehe Effiong of Inibehe Effiong Chambers, counsel to the AAC. No date has been slated for the hearing of the matter. The case has significant implications for the interpretation of the Constitution and the powers of the President and the National Assembly.
Key points
- The African Action Congress has sued President Bola Tinubu over his month-long vacation in Europe, alleging that he breached the Constitution by not notifying the National Assembly.
- The party is seeking an order restraining Tinubu from embarking on future vacations without transmitting a written declaration to the National Assembly.
- The suit has been marked FHC/ABJ/CS/2358/2026 and listed Tinubu, the AGF, the Senate President, the Speaker of the House of Representatives, and the National Assembly as defendants.
