A group of concerned lawmakers in Nigeria's House of Representatives has expressed worry over the constitutional implications of President Bola Tinubu's extended vacation abroad. The lawmakers, under the auspices of the Save Democracy Group, have called for the immediate reconvening of both Chambers of the National Assembly to address the situation. They also urged compliance with Section 145(2) of the 1999 Constitution, which stipulates that the Vice-President should assume the functions of President as Acting President if the President fails to transmit a written declaration within 21 days.
According to the presidency, President Tinubu departed Nigeria on 30 August 2023 for a three-week vacation, which was later extended by a few days. However, the lawmakers have decried the failure to transmit the required written declaration under Section 145 of the Constitution. This section stipulates that the President must inform the President of the Senate and the Speaker of the House of Representatives in writing, allowing the Vice-President to perform the functions of President as Acting President. The lawmakers argue that the Constitution cannot be replaced by assurances that the President remained in communication with officials or continued to issue directives from abroad.
Section 145(1) of the 1999 Constitution provides that the President must transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives when proceeding on vacation. Section 145(2) further provides that if the President fails to transmit the declaration within 21 days, the National Assembly shall, by a simple-majority resolution of each House, mandate the Vice-President to perform the functions of President as Acting President. The lawmakers have questioned whether the declaration required by Section 145 was transmitted to the leadership of the National Assembly.
The concerned lawmakers, led by Hon. Awaji-Inombek Abiante and Hon. Abubakar Yahaya, have stressed that the constitutional question is straightforward. They have asked if the declaration was transmitted, and if so, whether the President of the Senate and the Speaker of the House of Representatives should make this fact clear to Nigerians. If the declaration was not transmitted, the lawmakers argue that the 21-day constitutional period has elapsed, and the National Assembly has a responsibility to act in accordance with Section 145(2).
The lawmakers have maintained that modern technology allowing the President to work from abroad does not negate the constitutional requirements. They have argued that the question is not whether the President can work remotely, but whether the Constitution has been obeyed. The lawmakers have cited other African democracies, which have demonstrated that temporary transfer of presidential authority need not create controversy.
The Save Democracy Group has emphasized that the National Assembly has a critical role to play in addressing the constitutional uncertainty. They have called on the leadership of the National Assembly to reconvene the Chambers and take necessary actions to ensure that the Constitution is upheld. The lawmakers have expressed concern that the continued absence of the President and the lack of clarity on the declaration have created uncertainty and potentially destabilized the country.
The situation has raised concerns about the implications of the President's extended vacation on the country's governance. The lawmakers have urged calm and emphasized the need for the National Assembly to act swiftly to address the constitutional situation. The President's continued absence and the lack of clarity on the declaration have sparked debate about the need for constitutional reform and the limits of presidential power.
Key points
- The concerned lawmakers are urging the National Assembly to reconvene and address the constitutional uncertainty surrounding President Tinubu's extended vacation.
- The lawmakers are calling for compliance with Section 145(2) of the 1999 Constitution, which stipulates that the Vice-President should assume the functions of President as Acting President if the President fails to transmit a written declaration within 21 days.
- The situation has raised concerns about the implications of the President's extended vacation on the country's governance and the need for constitutional reform.
