Former Chairman of the National Human Rights Commission, Chidi Odinkalu, has expressed concerns over the prolonged absence of President Bola Tinubu and Vice President Kashim Shettima from Nigeria. Odinkalu, a lawyer and professor, argued that the simultaneous absence of the President and his deputy was unprecedented in Nigeria's recent democratic history. He accused the administration of creating a recurring leadership vacuum, stating that running the country's affairs from outside its territory could not indefinitely substitute for the constitutional arrangements governing presidential absence.
Odinkalu's comments came amid a growing controversy over Tinubu's extended stay in Europe and the absence of both the President and Vice President from the country. Shettima is currently representing Nigeria at the 81st United Nations General Assembly in New York. Odinkalu said the situation had become a "habit" under the present administration, citing that previous administrations had operated a convention whereby either the President or Vice President remained in the country when the other travelled abroad.
The former NHRC chairman cited the administrations of Olusegun Obasanjo, Umaru Musa Yar'Adua, Goodluck Jonathan, and Muhammadu Buhari as examples, saying the President and Vice President did not routinely leave the country simultaneously. He argued that the issue went beyond a mechanical interpretation of constitutional provisions to the fundamental responsibility of political leaders to understand and observe the obligations attached to their offices.
The controversy has centred on Section 145 of the 1999 Constitution, which provides for the transfer of presidential functions when the President proceeds on vacation or is otherwise unable to discharge the functions of his office. The constitutional provision requires the President to transmit a written declaration to the President of the Senate and Speaker of the House of Representatives, after which the Vice President performs the functions of President as Acting President.
Odinkalu rejected the argument that the President could simply continue administering Nigeria virtually beyond the constitutional framework. He compared Tinubu's situation to that of Paul Biya, who has been Cameroon’s president since 1985, saying Tinubu cannot interminably run Nigeria like Biya runs Cameroon. The issue has intensified a debate that began after Tinubu travelled out of Nigeria on August 30 for what the Presidency described as a three-week annual working vacation.
The Federal Government has maintained that the President's absence has not disrupted governance and that Shettima has been fully mandated to represent him at the global gathering. However, the development has drawn criticism from opposition figures and constitutional lawyers. Former Vice President Atiku Abubakar recently questioned who was constitutionally exercising presidential authority after Tinubu's absence passed the period originally announced for his vacation.
The controversy is coming at a politically sensitive period, with preparations for the 2027 general elections already intensifying and the President's administration facing growing scrutiny over the exercise of executive authority. As the Presidency maintains that Tinubu remains fully engaged with affairs of state, the debate over Section 145 and the simultaneous absence of the two highest-ranking elected officials is expected to remain a major issue of constitutional and political discussion.
Key points
- Chidi Odinkalu criticizes President Bola Tinubu's extended absence from Nigeria, citing an unprecedented leadership vacuum.
- The controversy centres on Section 145 of the 1999 Constitution, which provides for the transfer of presidential functions when the President is absent.
- The situation has sparked a debate over how presidential powers should be exercised and documented when both the President and Vice President are outside the country.
