A recent statement by the All Progressives Congress Presidential Campaign Council, claiming that President Tinubu is on a "working vacation," has sparked controversy. According to the Nigerian Constitution, a president cannot be working and on vacation at the same time. The concept of a vacation implies a period away from work, and it is expected that the president will inform the National Assembly and transmit a written declaration to enable the Vice-President to act as President.
Section 145(1) of the Nigerian Constitution states that when the President is proceeding on vacation or is unable to discharge their functions, they must transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives. This declaration enables the Vice-President to perform the functions of the President as Acting President. The Constitution does not qualify the word "vacation," implying that any form of vacation requires the President to transmit a written declaration.
The argument that a President on a "working vacation" does not need to transmit a written declaration is considered spurious and unconstitutional. The Constitution makes no provision for a "working vacation," and it is either the President is on vacation or not. The written declaration is expected from the first day of the President's vacation, and there is no mention of a 21-day period in section 145(1).
Section 145(2) of the Constitution comes into play when the President fails to transmit the written declaration within 21 days. In such a case, the National Assembly can mandate the Vice-President to perform the functions of the President as Acting President. This subsection is activated only when the President intentionally or manipulatively fails to transmit the written declaration.
The 1999 Constitution was amended to include the 21-day period after a national crisis arose due to the absence of former President Umaru Yar'Adua. Yar'Adua's illness prevented him from transmitting the written declaration, leading to a constitutional crisis. The country became paralyzed, and the then Vice-President, Goodluck Jonathan, was unable to perform certain presidential duties.
The crisis led to absurd situations, such as the inability to swear in a new Chief Justice of Nigeria. The Nigerian Bar Association boycotted the swearing-in ceremony, terming it unconstitutional. A group, the "Save Nigeria Group," emerged to raise awareness of the dangers of leaving Nigeria ungoverned.
The issue has sparked debate, with some arguing that the President's vacation does not constitute a power vacuum. However, according to the Constitution, the President's vacation requires a written declaration to enable the Vice-President to act as President. The National Assembly has no power to intervene in the matter, except when the President fails to transmit the written declaration within 21 days.
Key points
- The Nigerian Constitution requires the President to transmit a written declaration when proceeding on vacation, enabling the Vice-President to act as President.
- The concept of a "working vacation" is not recognized by the Constitution, and the President's vacation requires a written declaration.
- The National Assembly can mandate the Vice-President to perform the President's functions if the President fails to transmit the written declaration within 21 days.
