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 breached 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 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 the President's action is a breach of Section 145(1) of the Constitution, which mandates the President to compulsorily transmit a written declaration to the Senate President and the Speaker before proceeding on vacation for any number of days. The AAC is seeking a declaration that Tinubu's alleged failure to transmit the declaration before the trip is undemocratic and a gross violation of the Constitution.
The AAC also 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 party is seeking an order of perpetual injunction restraining Tinubu from embarking on any future vacation without first transmitting the required written declaration.
Vice President Kashim Shettima returned to Nigeria on Monday after representing President Tinubu at the 81st Session of the United Nations General Assembly in New York, United States. Shettima departed Abuja on September 20 after the President mandated him to lead Nigeria's delegation to the annual global gathering. According to a statement issued by his Senior Special Assistant on Media and Communications, Stanley Nkwocha, Shettima delivered Tinubu's national statement at the General Debate, where Nigeria renewed its call for reforms to the United Nations Security Council.
During the General Debate, President Tinubu reinforced his call for a more representative and equitable global order. Nigeria advocated for permanent African representation on the council, fairer global financing, stronger climate support, and deeper multilateral cooperation. At the Third High-Level Roundtable of the Africa Minerals Strategy Group, Tinubu urged African countries to move beyond exporting raw minerals and focus on processing, manufacturing, and value addition.
Shettima also met with Nigerians in the Diaspora, where he highlighted the importance of their investments, expertise, and networks to national development. He held meetings with the new leadership of the Economic Community of West African States Commission and the UN Deputy Secretary-General, Amina Mohammed. The engagements focused on development financing, regional integration, economic cooperation, technology, peace, and security.
The suit filed by the AAC was filed by Inibehe Effiong of Inibehe Effiong Chambers, counsel to the AAC. No date has been fixed for hearing. 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.
Key points
- The African Action Congress has sued President Tinubu, the National Assembly, and the Attorney General of the Federation over the President's alleged failure to notify lawmakers before embarking on a month-long vacation.
- The suit seeks a declaration that Tinubu's action is a breach of the 1999 Constitution and an order restraining him from embarking on future vacations without transmitting a written declaration.
- Vice President Shettima has returned to Nigeria after representing President Tinubu at the 81st Session of the United Nations General Assembly in New York.
