Former Vice President and presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, has questioned who is constitutionally exercising presidential authority in Nigeria, following the expiration of President Bola Tinubu’s three-week vacation. Atiku demanded that the Presidency clarify whether Tinubu transmitted the constitutionally required declaration to the National Assembly before leaving the country on August 30.
The Presidency had announced on August 30 that Tinubu was leaving Nigeria for a three-week vacation as part of his annual leave, with London listed as his first destination. However, Atiku argued that the 21-day period had elapsed without Nigerians being shown any formal communication transferring presidential functions to Vice President Kashim Shettima.
According to Atiku, Section 145 of the 1999 Constitution provides that whenever the President proceeds on vacation or is otherwise unable to discharge the functions of his office, he is required to transmit a written declaration to the President of the Senate and Speaker of the House of Representatives. The provision stipulates that the Vice President performs the functions of President as Acting President until the President transmits a declaration to the contrary.
Atiku further cited Section 145(2), which provides that where the President fails to transmit the declaration within 21 days, the National Assembly may, by a simple majority of each chamber, mandate the Vice President to perform the functions of the President as Acting President. Atiku asked, “Who is exercising presidential authority in Nigeria today, and under what constitutional instrument?”
Atiku urged the Presidency to immediately publish the alleged letter if one was transmitted before Tinubu left the country. He stressed that the issue was not one of political convenience but of constitutional procedure. The former vice president also linked his concerns to recent domestic challenges, including the deaths of 37 Nigerians in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Minna, Niger State.
Atiku said the situation raised further questions about the exercise of executive authority, particularly with the President and Vice President both outside Nigeria. Vice President Shettima was mandated by Tinubu to lead Nigeria’s delegation to the 81st United Nations General Assembly in New York. Atiku maintained that Nigeria’s constitutional order should not depend on informal arrangements or assumptions about the President’s ability to continue performing his functions while abroad.
Atiku called on the President of the Senate and the Speaker of the House of Representatives to disclose whether they received any communication from Tinubu concerning his absence and the temporary exercise of presidential functions. He said the country needed “visible, accountable and constitutionally grounded leadership”, particularly amid economic hardship, security concerns and recent controversies surrounding deaths in government custody.
Key points
- Atiku Abubakar questions who is exercising presidential authority in Nigeria amid President Bola Tinubu's vacation.
- Atiku demands clarification on whether Tinubu transmitted a declaration to the National Assembly before leaving the country.
- The situation raises concerns about the exercise of executive authority with both the President and Vice President outside Nigeria.
