The African Action Congress (AAC) has taken President Bola Tinubu to court over his refusal to hand over power to Vice President Kashim Shettima during his recent vacation to Europe. The lawsuit, filed at the Federal High Court in Abuja, challenges Tinubu's actions as undemocratic, unlawful, and a violation of the 1999 Constitution. The suit was filed on behalf of the AAC by its National Legal Adviser, Inibehe Effiong, a Lagos-based human rights lawyer.
According to the AAC, President Tinubu travelled out of the country on vacation on August 30, 2026, and announced an extension of his vacation on September 21, 2026, without a cogent reason. The party's National Secretary, Oshiokhue Philip Ikpeminoghena, deposed to a 30-paragraph affidavit, stating that Tinubu's actions contravened Section 145(1) of the 1999 Constitution. The AAC is seeking a declaration that Tinubu's failure to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives was unlawful.
The AAC is also asking the court to declare that the National Assembly's failure to pass a resolution enabling Shettima to become Acting President after Tinubu's vacation exceeded 21 days, making it unconstitutional. Furthermore, the party prayed the court to issue an order restraining President Tinubu and future Presidents from proceeding on vacation without complying with the provisions of Section 145(1) of the 1999 Constitution. The suit marked FHC/ABJ/CS/2353/2026 has President Tinubu, the Attorney-General of the Federation, Lateef Fagbemi, the Senate President, Godswill Akpabio, the Speaker of the House of Representatives, Tajudeen Abbas, and the National Assembly as defendants.
The 2027 presidential candidate of the AAC, Omoyele Sowore, was present in court to witness the filing of the suit. The party's legal adviser, Inibehe Effiong, disclosed this on his social media handle on Monday, September 28. No date has been fixed for the hearing of the suit. The lawsuit has raised concerns over governance optics amid rising insecurity and economic hardship in the country.
President Tinubu's absence from the country since August 30 has entered its 30th day. The Presidency has maintained that the President is hale and hearty and can govern from anywhere. However, the AAC's lawsuit has brought attention to the constitutional implications of Tinubu's prolonged absence. The Vice President, Kashim Shettima, travelled to New York on September 20 to represent Nigeria at the 81st United Nations General Assembly, leaving both leaders outside the country at the same time.
The Senate President, Godswill Akpabio, has been criticized for announcing that he had gone to the prayer ground of St. Padre Pio in San Giovanni Rotondo, Italy, to pray for the country, instead of discharging his constitutional duties. The AAC's lawsuit has raised questions over the National Assembly's inaction in passing a resolution to enable Shettima to perform the functions of the office of President as Acting President. The party's actions have brought attention to the need for clear governance and adherence to the Constitution.
The lawsuit is one of the key developments in the ongoing controversy over President Tinubu's prolonged absence from the country. The AAC's actions have sparked a national debate over the importance of constitutional governance and the need for leaders to prioritize the country's interests. The court's decision on the matter is expected to have far-reaching implications for the country's governance and leadership.
Key points
- The African Action Congress has filed a lawsuit against President Tinubu, AGF, and National Assembly for refusing to hand over power to VP Shettima during his vacation.
- The lawsuit challenges President Tinubu's actions as undemocratic, unlawful, and a violation of the 1999 Constitution.
- The court's decision on the matter is expected to have far-reaching implications for the country's governance and leadership.
