The African Action Congress, AAC, has filed a lawsuit against President Bola Tinubu at the Federal High Court in Abuja. The suit, filed on September 28, 2026, claims that President Tinubu's refusal to hand over power to Vice-President Kashim Shettima during his European vacation is unlawful. Tinubu had traveled to Europe on August 30, 2026, for a three-week working vacation. The AAC's National Legal Adviser, Inihebe Effiong, filed the suit on behalf of the party.

The lawsuit, tagged FHC/ABJ/CS/2353/2026, lists President Tinubu, the Attorney-General of the Federation, the President of the Senate, the Speaker of the House of Representatives, and the National Assembly as defendants. The AAC is seeking a declaration that President Tinubu's failure to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives is undemocratic and unlawful. The party argues that this failure is a violation of Section 145(1) of the 1999 Constitution.

President Tinubu's vacation was initially set to last three weeks, but the Presidency announced an extension on September 21, 2026. The President was expected to return to Nigeria last weekend, but as of September 28, 2026, he had yet to return. The AAC is also asking the court to declare that the National Assembly's failure to pass a resolution enabling Shettima to become Acting President after Tinubu's 21-day absence is unconstitutional.

The AAC is seeking a court order to restrain President Tinubu and future Presidents from proceeding on vacation without complying with the provisions of Section 145(1) of the 1999 Constitution. The party argues that this section requires the President to hand over power to the Vice-President during their absence. The lawsuit is a significant development in Nigeria's polity, with implications for the country's leadership and governance.

The President's prolonged absence has raised concerns about the continuity of governance in Nigeria. The AAC's lawsuit is an attempt to ensure that the country's leadership is not left in abeyance. The court will have to consider the merits of the case and determine whether President Tinubu's actions are lawful.

The National Assembly has been accused of failing to perform its constitutional duties in this matter. The AAC is seeking a declaration that the Assembly's inaction is unconstitutional. The court's decision will have implications for the relationship between the Executive and Legislative branches of government in Nigeria.

The lawsuit is a test of the country's constitutional provisions and the rule of law. The court's decision will have far-reaching implications for Nigeria's democracy and governance. The AAC's lawsuit is a significant development in the country's polity, and the court's decision will be closely watched by Nigerians and the international community.

Key points

  • President Tinubu's refusal to hand over power to VP Shettima during his European vacation has been sued by the African Action Congress.
  • The lawsuit claims that President Tinubu's actions are unlawful and a violation of the 1999 Constitution.
  • The court's decision will have implications for Nigeria's leadership, governance, and the relationship between the Executive and Legislative branches of government.

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SaharaWire

Reporting for SaharaWire from the Nairobi bureau.