The African Action Congress (AAC) 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 breached Section 145(1) of the 1999 Constitution by leaving Nigeria without transmitting a written declaration to the President of the Senate and the Speaker of the House of Representatives. 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 the President's action was unconstitutional and is seeking a declaration that, by the express provisions of Section 145(1) of the Constitution, the President is mandated to compulsorily transmit a written declaration to the Senate President and the Speaker before proceeding on vacation for any number of days. The AAC also wants the court to declare that the alleged failure to transmit the declaration before the trip is undemocratic and a gross violation of the Constitution.
The AAC further challenged 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 asked the court to hold that the alleged failure by the National Assembly to act was unlawful, unconstitutional, and a violation of the mandatory duty imposed on the National Assembly under Section 145(2) of the Constitution. The suit was filed by Inibehe Effiong of Inibehe Effiong Chambers, counsel to the AAC.
The party is also 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, among other questions, 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 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. No date has been fixed for hearing. 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 suit has sparked concerns about the President's adherence to constitutional provisions and the role of the National Assembly in ensuring that the President's actions are lawful. The case may have far-reaching implications for the country's governance and the balance of power between the executive and legislative arms of government.
Key points
- The African Action Congress has sued President Bola Tinubu over his alleged failure to notify the National Assembly before embarking on a month-long vacation in Europe.
- The suit seeks a declaration that Tinubu breached Section 145(1) of the 1999 Constitution by leaving Nigeria without transmitting a written declaration to the President of the Senate and the Speaker of the House of Representatives.
- The case may have far-reaching implications for the country's governance and the balance of power between the executive and legislative arms of government.
