The African Action Congress (AAC) has taken President Bola Tinubu to court over his alleged failure to hand over power to Vice President Kashim Shettima during his extended vacation outside Nigeria. The suit was filed on September 28 at the Federal High Court in Abuja. The AAC argues that Tinubu's actions are in breach of Section 145(1) of the 1999 Constitution, which requires the President to transmit a written declaration when proceeding on vacation or unable to discharge his duties.
According to the AAC, President Tinubu left Nigeria on August 30, 2026, for a working vacation in Europe and later announced an extension of his stay on September 21. The party contends that this created an obligation under the Constitution for the transfer of presidential functions to Vice President Shettima. The AAC is seeking a declaration that Tinubu's failure to transmit the required written declaration was unlawful and unconstitutional.
The suit, marked FHC/ABJ/CS/2353/2026, also seeks an order of perpetual injunction restraining Tinubu and future Nigerian presidents from proceeding on vacation without complying with the constitutional provisions relating to the transfer of presidential powers. The party's case is supported by a 30-paragraph affidavit deposed to by its National Secretary, Oshiokhue Philip Ikpeminoghena.
The AAC has also criticized the role of the National Assembly leadership during President Tinubu's absence. Senate President Godswill Akpabio and Speaker of the House of Representatives, Tajudeen Abbas, were among those joined as defendants in the case. The party questioned Akpabio's decision to travel to Italy to pray for Nigeria instead of taking steps to address the power vacuum.
Vice President Shettima recently returned to Nigeria from New York, where he represented President Tinubu at the 81st Session of the United Nations General Assembly. During his time at the UN, Shettima delivered Nigeria's national statement and discussed issues such as reform of the UN Security Council and global economic cooperation.
The Presidency has responded to concerns over President Tinubu's absence, stating that he remains in charge of government and is "hale and hearty". Special Adviser to the President on Information and Strategy, Bayo Onanuga, argued that modern communication technology allows Tinubu to remain engaged with officials and monitor government activities while abroad.
President Tinubu is expected to return to Nigeria on September 29 and participate in activities connected to Nigeria's 66th Independence anniversary on October 1. The Presidency has cited the President's involvement in discussions around a proposed $7 billion deep-sea port project in Ogun Waterside as an example of his official engagements during the vacation.
Key points
- The African Action Congress has filed a suit against President Bola Tinubu over his failure to transmit power to Vice President Kashim Shettima during his prolonged vacation.
- The suit seeks a declaration that Tinubu's actions were unlawful and unconstitutional, and an order restraining future presidents from neglecting the constitutional provisions.
- The Presidency has responded, stating that Tinubu remains in charge of government and is "hale and hearty" despite his absence.
