The African Democratic Congress (ADC) has challenged the constitutional basis of President Bola Tinubu's continued absence from Nigeria. According to the party, the Constitution does not recognise a "working vacation" as an alternative to the procedure for transferring presidential powers. This statement was made by the party's National Publicity Secretary, Mallam Bolaji Abdullahi, following Tinubu's extended stay in Europe.
Tinubu left Nigeria on August 30 for what the Presidency initially announced as a three-week annual vacation. The State House said on September 21 that the President had extended the working vacation by a few days and would return to Nigeria at the weekend. The ADC questioned the simultaneous absence of Tinubu and Vice-President Kashim Shettima, asking who is currently exercising the constitutional powers of the President.
The ADC rejected the description of Tinubu's absence as a "working vacation", arguing that the label does not replace the constitutional procedure governing presidential authority. The party insisted that presidential authority cannot be transferred by convenience, protocol or press statement, adding that Nigeria is a constitutional democracy, not a private enterprise to be managed remotely from a holiday destination.
The party faulted the Presidency's explanation that Secretary to the Government of the Federation, Senator George Akume, would continue to represent Tinubu at official engagements while the President and Vice-President are outside the country. The ADC argued that attending official functions on behalf of the President does not amount to exercising presidential powers, as the Secretary to the Government of the Federation is a mere appointee of the President.
The ADC also questioned the constitutional implications of the President and Vice-President being outside Nigeria at the same time. Shettima left Abuja on September 20 for New York, where he is representing Nigeria at the ongoing UN General Assembly. The party expressed concern given the security and economic challenges facing the country, drawing attention to the difference between Tinubu's location in Paris and French President Emmanuel Macron's presence in New York for the UN General Assembly.
The development follows concerns already raised by former Vice-President Atiku Abubakar, the ADC's presidential candidate, who on Monday questioned whether the constitutional procedure for the transfer of presidential authority had been followed. Atiku said Tinubu's three-week vacation had elapsed without Nigerians being shown a declaration transferring presidential functions to Shettima.
The ADC demanded clarification from both the Presidency and the National Assembly, asking whether Tinubu transmitted the required declaration before or during his absence and whether the relevant constitutional procedure had been activated. The party insisted that continuing to issue directives from abroad does not answer the constitutional question it has raised, adding that the President's continued involvement in government does not remove his obligations under Section 145 of the Constitution.
Key points
- The African Democratic Congress challenges President Bola Tinubu's constitutional basis for continued absence from Nigeria.
- The party questions who exercises presidential powers with both Tinubu and Vice-President Kashim Shettima outside the country.
- The ADC demands clarification from the Presidency and the National Assembly on the constitutional procedure for transferring presidential authority.
