The African Action Congress (AAC) has filed a suit against President Bola Tinubu, the Attorney General of the Federation, the National Assembly, and two principal officers of the federal legislature before the Federal High Court in Abuja. The suit, marked FHC/ABJ/CS/2353/2026, was filed on September 28, 2026, through the party's National Legal Adviser, Inibehe Effiong. The AAC is challenging Tinubu's alleged failure to formally hand over power to Vice President Kashim Shettima during his month-long Europe vacation.
According to the AAC, Tinubu's failure to transmit a written declaration to the Senate President and the Speaker of the House of Representatives violated Section 145(1) of the 1999 Constitution, as amended. This provision relates to the transfer of presidential functions when the President is unable to perform the duties of his office. The party argues that this failure prevented the National Assembly from passing a resolution authorising Shettima to perform the functions of President as Acting President.
The suit seeks to prevent future presidents from embarking on vacations without complying with constitutional provisions on power transfer. The AAC is asking the court to declare the failure of the National Assembly to pass such a resolution after Tinubu's vacation exceeded 21 days unconstitutional. The party also wants the court to issue an order of perpetual injunction restraining Tinubu and future Presidents from proceeding on vacation without complying with Section 145(1) of the Constitution.
Tinubu travelled out of Nigeria on August 30, 2026, for his vacation and announced an extension on September 21 without offering any cogent reason. The AAC described Tinubu's alleged failure to transfer power as "undemocratic" and "unlawful" and maintained that it violated the Constitution. The party's National Secretary, Oshiokhue Philip Ikpeminoghena, deposed to a 30-paragraph affidavit, which was filed alongside the suit.
The affidavit also criticised Senate President Godswill Akpabio's conduct during the President's absence. According to the affidavit, Akpabio announced that he had travelled to the Prayer Ground of St. Padre Pio in San Giovanni Rotondo, Italy, to pray for the country, instead of discharging his constitutional duties. The AAC's 2027 presidential candidate, Omoyele Sowore, was present at the Federal High Court to witness the filing of the suit.
The suit lists Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abass, and the National Assembly as defendants. The AAC is seeking a declaration that Tinubu's failure or refusal to transmit a written declaration to the Senate President and the Speaker of the House of Representatives was a violation of the Constitution. The party hopes that the court will rule in its favour and establish a precedent for future presidents.
The development is likely to spark a fresh controversy over the exercise of presidential powers in Nigeria. The AAC's move has raised questions about the propriety of Tinubu's vacation and the management of presidential powers during his absence. The court is expected to hear the suit and determine whether Tinubu's actions were in line with the Constitution.
Key points
- The African Action Congress has challenged President Tinubu's Europe vacation, citing his alleged failure to hand over power to Vice President Kashim Shettima.
- The suit seeks to prevent future presidents from embarking on vacations without complying with constitutional provisions on power transfer.
- The AAC has described Tinubu's alleged failure to transfer power as "undemocratic" and "unlawful," and maintained that it violated the Constitution.
