The African Action Congress (AAC) has filed a suit against President Bola Tinubu and other top government officials over the president's failure to transfer power to Vice President Kashim Shettima during his extended vacation in Europe. The suit, filed at the Federal High Court in Abuja, was initiated by the party's National Legal Adviser, Inibehe Effiong. The AAC is questioning the constitutionality of President Tinubu's actions, specifically his decision to proceed on vacation without transmitting a written declaration to the Senate President and Speaker of the House of Representatives.
President Tinubu embarked on a three-week vacation to London on August 30, which was later extended. The presidency described the trip as a working vacation, with the president expected to perform his official duties remotely. However, by September 28, President Tinubu had not returned to Nigeria as previously announced. The Special Adviser to the President on Information and Strategy, Bayo Onanuga, later stated that the president would return to Nigeria during the week. The AAC's suit is challenging the constitutional implications of President Tinubu's prolonged absence, particularly regarding the requirement under Section 145 of the Constitution.
The AAC is seeking a declaration that President Tinubu's decision to proceed on vacation without transmitting a written declaration to the Senate President and Speaker was "unconstitutional, unlawful, undemocratic, and a violation of oath of office." The party is also asking the court to determine whether the National Assembly's failure to convene and pass a resolution authorizing Vice President Shettima to act as President after President Tinubu's 21-day vacation was unlawful and unconstitutional. The AAC's suit is based on Section 145(1) of the Nigerian Constitution, which requires the president to transmit a written declaration to the Senate President and Speaker before proceeding on vacation.
The suit has renewed attention to President Tinubu's foreign travels, with reports indicating that he has made numerous trips abroad since assuming office in May 2023. According to data from Statisense, President Tinubu made about 20 foreign trips in his first year in office and 15 in his second year. Another report put his foreign trips at 47 since he assumed office, with the president spending about 315 days overseas. The AAC's challenge is focused on the constitutional implications of President Tinubu's actions and the role of the National Assembly in authorizing the vice president to act as president.
The AAC's National Legal Adviser, Inibehe Effiong, shared excerpts from the court filing on his official X account, confirming that the suit had been filed. The party is fielding Sahara Reporters publisher and human rights activist Omoyele Sowore as its presidential candidate for the 2027 election. The suit has been assigned to the Federal High Court in Abuja, but no date has been fixed for the hearing.
An affidavit in support of the originating summons refers to President Tinubu's August trip and the subsequent extension of his vacation. The party cited the Senate President's activities during the period, noting that Godswill Akpabio had travelled to Italy and announced that he had gone to the Prayer Ground of St Padre Pio in San Giovanni Rotondo to pray for Nigeria. The AAC's suit is seeking a declaration that the National Assembly's failure to convene and pass a resolution authorizing Vice President Shettima to act as president was "unlawful, unconstitutional, and a violation of Section 145(2)".
The AAC is also seeking an order of perpetual injunction restraining President Tinubu from proceeding on future vacations without transmitting a written declaration to the Senate President and the Speaker. The party's challenge is focused on ensuring that the president's actions are in line with the Constitution and that the role of the National Assembly is respected. The suit will be heard by the Federal High Court in Abuja, and a decision is expected in due course.
Key points
- The African Action Congress has sued President Tinubu over his failure to transfer power to Vice President Shettima during his prolonged vacation in Europe.
- The suit challenges the constitutionality of President Tinubu's actions under Section 145 of the Nigerian Constitution.
- The AAC is seeking a declaration that President Tinubu's actions were "unconstitutional, unlawful, undemocratic, and a violation of oath of office".
