Senate President Godswill Akpabio has dismissed allegations that he is serving as Nigeria's Acting President while President Bola Tinubu is abroad. Speaking in Akwa Ibom State, Akpabio emphasized that Tinubu had not relinquished presidential authority and that no vacancy existed in the office of the President. He stated that Tinubu was on a working leave and that there was no absence in Aso Rock.
President Tinubu departed Nigeria on August 30 for a three-week working vacation, which was later extended. The Presidency has maintained that Tinubu remains in communication with government officials and continues to direct the country's affairs from abroad. He is currently in France, while Vice-President Kashim Shettima travelled to New York to represent Nigeria at the 81st United Nations General Assembly.
The absence of both Tinubu and Shettima has sparked renewed debate over the constitutional process for transferring presidential responsibilities. Opposition politicians and parties have urged the National Assembly to clarify whether the requirements of Section 145 of the Constitution have been met. They argue that the situation may have produced a constitutional vacuum.
Akpabio insisted that the National Assembly could declare a vacancy only in circumstances recognised by law and that Tinubu remained in office. He stated that he was the only person who could declare a vacancy and that there was no vacancy currently. Akpabio also noted that Tinubu could give instructions from abroad, citing the global nature of communication.
The African Action Congress presidential candidate, Omoyele Sowore, and the African Democratic Congress have demanded that the National Assembly examine the constitutional implications of Tinubu's prolonged absence. Sowore argued that the end of Tinubu's initial 21-day period required the National Assembly to determine whether Section 145 had been properly applied.
Section 145 of the Constitution states that when the President proceeds on vacation or is unable to perform office functions, he should transmit a written declaration to the Senate President and the Speaker of the House of Representatives authorising the Vice-President to act as President. If the President fails to transmit the declaration within 21 days, the National Assembly may require the Vice-President to perform the functions of President as Acting President.
The African Democratic Congress raised concerns about the continued absence of both Tinubu and Shettima, arguing that representation at official events did not equate to presidential authority. The party asked the Presidency and the National Assembly to identify the person exercising presidential powers and specify the legal basis for that authority.
Key points
- Akpabio denies serving as Acting President, says Tinubu remains in power.
- Opposition politicians demand clarification on constitutional process for transferring presidential responsibilities.
- Section 145 of the Constitution outlines procedure for presidential absence.
