The African Action Congress has taken President Bola Tinubu, the Attorney General of the Federation, and the National Assembly to court over Tinubu's refusal to hand over power to Vice President Kashim Shettima during his recent vacation to Europe. The lawsuit, filed at the Federal High Court in Abuja, challenges Tinubu's actions as undemocratic and unlawful. The party's National Legal Adviser, Inibehe Effiong, filed the suit on behalf of the party.
According to the party, President Tinubu traveled out of the country on vacation on August 30, 2026, and announced an extension of his vacation on September 21, 2026, without a cogent reason. The party argues that Tinubu's failure to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives prevented the National Assembly from passing a resolution to authorize Shettima to perform presidential duties.
The African Action Congress is seeking a declaration that Tinubu's actions are a violation of Section 145(1) of the 1999 Constitution. The party also wants the court to declare that the National Assembly's failure to pass a resolution enabling Shettima to become Acting President after 21 days is unconstitutional. Furthermore, the party is asking for an order restraining President Tinubu and future Presidents from proceeding on vacation without complying with constitutional provisions.
The lawsuit, marked FHC/ABJ/CS/2353/2026, names President Tinubu, the Attorney General of the Federation, the Senate President, the Speaker of the House of Representatives, and the National Assembly as defendants. The party's National Secretary, Oshiokhue Philip Ikpeminoghena, deposed to a 30-paragraph affidavit detailing the facts of the case. The 2027 presidential candidate of the party, Omoyele Sowore, was present in court to witness the filing of the suit.
The party expressed concern that the Senate President, instead of discharging his constitutional duties, announced that he had gone to pray for the country at the Prayer Ground of St. Padre Pio in Italy. The African Action Congress argues that this demonstrates a lack of seriousness in addressing the constitutional issues raised by Tinubu's vacation.
The lawsuit seeks to clarify the constitutional procedures for handing over power to the Vice President when the President is on vacation. The party believes that the current situation has created a constitutional crisis and wants the court to provide a clear interpretation of the relevant constitutional provisions.
No date has been given for the hearing of the suit. The outcome of the case will have implications for the exercise of presidential powers in Nigeria, particularly in situations where the President is absent or incapacitated. The court's decision will be closely watched by stakeholders and the general public.
Key points
- The African Action Congress has filed a lawsuit against President Tinubu, AGF, and NASS for refusing to hand over power to VP Shettima during Tinubu's vacation.
- The party argues that Tinubu's actions are undemocratic, unlawful, and a violation of Section 145(1) of the 1999 Constitution.
- The lawsuit seeks to clarify the constitutional procedures for handing over power to the Vice President when the President is on vacation.
