The African Democratic Congress (ADC) has raised concerns about President Bola Ahmed Tinubu's prolonged absence from Nigeria, questioning whether the constitutional procedure for transferring presidential functions has been followed. Tinubu has been out of the country since August 30, and the opposition party is demanding to know if he has transmitted the required written declaration to the President of the Senate and Speaker of the House of Representatives.
According to the ADC, the Constitution requires the President to transmit a written declaration to the Senate President and Speaker of the House of Representatives whenever he proceeds on vacation or is unable to perform the functions of his office. If the President fails to transmit the declaration within 21 days, the National Assembly is to act by resolution of both chambers to mandate the Vice-President to perform the functions of President as Acting President.
The ADC rejected the description of Tinubu's trip as a "working vacation," arguing that official representation by other government officials could not amount to a transfer of presidential powers. The party specifically questioned the role of the Secretary to the Government of the Federation, George Akume, who has represented the President at some official engagements while Tinubu and Vice-President Kashim Shettima are both outside Nigeria.
The party argued that Akume could attend official functions or deliver speeches on behalf of the President but could not exercise the constitutional powers of the President or Acting President. The ADC also said the President's absence could not be addressed through remote communication or official representation.
With both the President and Vice-President out of the country, questions remain over who is currently exercising the powers of the President. The ADC called on the National Assembly and the Presidency to explain the constitutional basis for the current arrangement.
The opposition party's National Publicity Secretary, Bolaji Abdullahi, stated that the Constitution does not recognise any category called a "working vacation" for the transfer of presidential authority. The ADC is demanding clarity on the matter, citing Section 145 of the Constitution.
The development has sparked concerns about the legitimacy of the current arrangement, with the ADC insisting that the National Assembly must take the required steps to ensure that the presidency is exercised in accordance with the Constitution.
Key points
- The ADC questions the constitutional status of President Tinubu's prolonged absence and demands clarification from the National Assembly.
- The opposition party rejects the description of Tinubu's trip as a "working vacation," arguing that it does not transfer presidential powers.
- The ADC calls on the National Assembly and the Presidency to explain the constitutional basis for the current arrangement.
