The Nigerian Presidency recently announced that President Bola Ahmed Tinubu has extended his "working vacation," sparking constitutional concerns. According to Section 145 of the Nigerian Constitution, a President proceeding on vacation 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 presidential functions as Acting President. The Presidency announced on August 30 that President Tinubu was beginning a three-week vacation as part of his annual leave.
The constitutionality of President Tinubu's "working vacation" claim hinges on whether he transmitted the required written declaration. The Constitution does not recognize a category called "working vacation." The announcement of an extended vacation raises questions about who is exercising presidential authority. Vice-President Kashim Shettima has been representing Tinubu at official functions, but the Constitution specifically identifies the Vice-President as the official who performs presidential functions as Acting President under Section 145.
Section 145(1) of the Constitution provides that the President shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives when proceeding on vacation. Until he transmits a declaration to the contrary, the Vice-President performs the functions of President as Acting President. The important words in this context are "vacation" and "shall." The Constitution does not create exceptions for a "working vacation."
President Tinubu left Nigeria on August 30 for a three-week annual vacation, which has since expired. The Presidency has now announced an extension of the vacation. The National Assembly has a role to play in this situation, as Section 145(2) provides that where the President is unable or fails to transmit the written declaration required by subsection (1) within 21 days, the National Assembly shall mandate the Vice-President to perform the functions of President as Acting President.
The issue at hand is not about whether President Tinubu can travel abroad or receive briefings while outside Nigeria. It is about adhering to the constitutional procedures in place for temporary presidential absence. Nigeria's experience during President Umaru Musa Yar'Adua's prolonged absence demonstrated the dangers of uncertainty over who is exercising presidential authority. Section 145 was subsequently amended to create greater clarity around temporary presidential absence.
Columnist Paul Ibe has raised concerns about the Presidency's claim, arguing that telephone calls, remote instructions, and political assurances cannot substitute for constitutional procedure. Ibe, Media Adviser to Atiku Abubakar, emphasized that the Constitution recognizes a President, a Vice-President, and an Acting President, but not a constitutional office called "President on Working Vacation."
The Presidency's "working vacation" claim has sparked a national conversation about the importance of adhering to the Constitution. President Tinubu is entitled to his vacation, but he must also respect the constitutional procedures in place. The National Assembly's understanding of its responsibility under Section 145(2) is crucial in resolving this situation. The country's experience during President Yar'Adua's absence serves as a reminder of the need for clarity on presidential authority.
Key points
- The Nigerian Presidency faces questions over President Bola Ahmed Tinubu's 'working vacation' claim and adherence to the country's constitution.
- Section 145 of the Nigerian Constitution requires a President to transmit a written declaration when proceeding on vacation, enabling the Vice-President to perform presidential functions as Acting President.
- The National Assembly has a role to play in this situation, as it can mandate the Vice-President to perform the functions of President as Acting President if the President fails to transmit the required declaration within 21 days.
