A group of lawmakers, known as the Save Democracy Group (SDG), has urged the National Assembly to reconvene and address the constitutional implications of President Tinubu's prolonged absence. The group, led by Awaji-Inombek Abiante and Abubakar Kusada, made the call in a statement on Wednesday. They argued that the 21-day period provided under Section 145 of the 1999 Constitution for the president to be on leave has expired.
President Tinubu left Abuja on August 30 for a three-week working vacation in Europe, with his first destination being London, United Kingdom. However, on September 21, the Presidency announced that the president had extended his working vacation by a few days and would return to Nigeria at the weekend. During his absence, Tinubu has remained in contact with officials in Nigeria and continued to direct government affairs from abroad.
The SDG has raised concerns about the formal transfer of presidential powers during Tinubu's absence, citing the constitutional requirement for a written declaration to be transmitted to the leadership of the National Assembly. The group argued that if the declaration was not transmitted, the National Assembly has a constitutional responsibility to invoke Section 145(2), which provides for both chambers to mandate the vice president to perform the functions of the president as Acting President.
The lawmakers referred to Botswana as an example of how constitutional arrangements can provide clarity when a president is temporarily outside the country. In Botswana, the vice president assumes the role of acting president when the president travels outside the country. The SDG emphasized the importance of making temporary transfers of presidential authority formal and transparent.
The SDG called on the President of the Senate, Godswill Akpabio, and the Speaker of the House of Representatives, Abbas Tajudeen, to immediately reconvene both chambers of the National Assembly to address the constitutional uncertainty created by Tinubu's prolonged absence. The group asked the leadership of both chambers to publicly establish whether the president transmitted the written declaration required under Section 145(1).
The demand comes as the National Assembly is scheduled to reconvene from its recess. The SDG argued that the National Assembly should not treat its constitutional responsibilities as optional and that no individual should be regarded as being above the Constitution. The group emphasized that political considerations should not override constitutional provisions.
Key points
- The Save Democracy Group is urging the National Assembly to reconvene and determine whether Vice President Kashim Shettima should assume presidential duties with President Bola Tinubu on an extended vacation in Europe.
- President Tinubu's extended vacation has raised concerns about the formal transfer of presidential powers during his absence.
- The National Assembly has a constitutional responsibility to address the uncertainty created by Tinubu's prolonged absence.