A coalition of lawmakers in Nigeria's House of Representatives, known as the Save Democracy Group, has urged the National Assembly to reconvene immediately. This move is aimed at addressing concerns surrounding President Bola Tinubu's extended absence from the country since August 30. The lawmakers, led by Awaji-Inombek Abiante and Abubakar Yahaya, expressed worry about the lack of clarity regarding whether President Tinubu transmitted a written declaration to parliament, empowering Vice President Kashim Shettima to act as President in his absence.
President Tinubu embarked on a 21-day vacation to Europe on August 30, as part of his annual leave. However, with the expiration of his vacation period and its subsequent extension, concerns have mounted about the adherence to the 1999 Constitution. According to Section 145 of the Constitution, when the President proceeds on vacation, he 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 lawmakers argued that the National Assembly has a responsibility to ensure that the Constitution is upheld. They emphasized that if President Tinubu transmitted the required declaration, the President of the Senate, Godswill Akpabio, and the Speaker, Tajudeen Abbas, should make this information public. Conversely, if the declaration was not transmitted, the National Assembly must take the next step in line with the Constitution. The lawmakers stated that the constitutional question is straightforward and revolves around whether the declaration was transmitted to the leadership of the National Assembly.
If it is established that no written declaration was transmitted to parliament, the National Assembly should activate Section 145(2) of the Constitution. This section mandates the Vice President to perform the functions of the President as Acting President until President Tinubu communicates his availability to resume his functions. The lawmakers stressed that the Constitution cannot be replaced by assurances that the President remains in communication with officials or continues to issue directives from abroad.
The Save Democracy Group cited examples from other African democracies, such as Botswana, where temporary transfers of presidential authority are handled smoothly. In Botswana, when the President travels outside the country, the Vice President assumes the role of Acting President. The lawmakers argued that Nigeria's constitutional framework may differ, but the principle of clear, formal, and transparent constitutional continuity is instructive.
The lawmakers' call for the National Assembly to reconvene is aimed at ensuring that the Constitution is upheld and that there is clarity on the President's status. They emphasized that the National Assembly cannot insist that citizens obey the Constitution while treating its own express constitutional responsibilities as optional. The group seeks to ensure that the constitutional process is followed, and that the country is not plunged into uncertainty.
The situation remains unclear, with no official confirmation on whether President Tinubu transmitted the required declaration to parliament. The National Assembly's response to the lawmakers' demand will be crucial in determining the next steps. The country's attention is focused on the National Assembly, as it seeks to address the concerns surrounding President Tinubu's absence and ensure that the Constitution is upheld.
Key points
- The Save Democracy Group of lawmakers in Nigeria's House of Representatives has called for the immediate reconvening of the National Assembly.
- President Tinubu's absence from the country since August 30 has raised concerns about adherence to the 1999 Constitution.
- The National Assembly's response will be crucial in determining the next steps in addressing the situation.
