The African Action Congress (AAC) has filed a suit against President Bola Tinubu at a Federal High Court in Abuja, citing a constitutional breach. The party claims that President Tinubu embarked on a vacation to Europe without following due process, specifically without transmitting a written declaration to the President of the Senate and the Speaker of the House of Representatives as mandated by Section 145(1) of the Constitution.
The suit, marked FHC/ABJ/CS/2353/2026, lists the President, the Attorney General of the Federation, the Senate President, the Speaker of the House of Representatives, and the National Assembly as defendants. The AAC, through its counsel Mr. Inibehe Effiong, seeks an order of perpetual injunction restraining the President from embarking on vacation abroad without transmitting a written declaration to the Senate President and the Speaker of the House of Representatives.
The plaintiff argues that Section 145(1) of the Constitution mandates the President to compulsorily transmit a written declaration to the Senate President and the Speaker of the House of Representatives before proceeding on vacation for any number of days. The suit also contends that President Tinubu's failure to comply with this provision before proceeding on vacation to Europe from 30 August to 28 September is undemocratic and a gross violation of the Constitution.
Furthermore, the AAC seeks a declaration that the failure or refusal of the National Assembly to convene and pass a resolution to authorise the Vice President, upon the inability or failure of the President to transmit a written declaration to the Senate President and the Speaker after the President proceeded on vacation to Europe for more than 21 days, is unlawful, unconstitutional, and a violation of the mandatory duty imposed on the National Assembly under Section 145(2) of the Constitution.
Addressing newsmen after filing the suit, Mr. Effiong stated that the AAC is not doing this because it believes that Vice President Shettima is better than President Tinubu. Instead, the party is upholding the rule of law and ensuring that the Constitution is adhered to. He emphasized that the court will determine whether the action of the President is right and that the party seeks a perpetual injunction to prevent future Presidents from proceeding on vacation without handing over power to the Vice President as Acting President.
The suit was filed on 28 September 2026, but no date has been fixed for the hearing. The AAC's action is part of its responsibility to uphold the rule of law as a political party that believes in democracy. The party aims to ensure that the Constitution is adhered to and that the President's actions are in line with the provisions of the Constitution.
The case has sparked interest among stakeholders, with many awaiting the court's decision. The outcome may have implications for future Presidents and the manner in which they proceed on vacation. Key to the case is the interpretation of Section 145 of the Constitution and the extent of the President's powers when embarking on vacation.
Key points
- The African Action Congress has dragged President Bola Tinubu to court for violating the Constitution by not transmitting a written declaration before proceeding on vacation.
- The suit seeks a perpetual injunction restraining the President from embarking on vacation without due process.
- The case may have implications for future Presidents and the interpretation of Section 145 of the Constitution.
