The simultaneous absence of President Bola Tinubu and Vice-President Kashim Shettima from Nigeria has sparked concerns among constitutional lawyers over the implications for governance and the country's constitutional order. President Tinubu embarked on a working vacation on August 30, which has since been extended, while Vice-President Shettima is in the United States, representing the President at the United Nations General Assembly proceedings. This has prompted questions about the continuity of executive authority in the event of an emergency.
Constitutional lawyer, Mr. Silas Onu, described the situation as unusual, arguing that the government should ensure that the president and vice-president are not simultaneously outside the country. He emphasized that the state should properly coordinate the activities of national leaders to ensure continuity of government, particularly due to the constitutional implications of an emergency requiring the exercise of presidential powers. Onu also raised concerns about succession and the exercise of the President's constitutional responsibilities.
Another lawyer, Mr. Aloy Ejimakor, described the situation as exposing a "dangerous constitutional loophole" and a governance deficit. He questioned the legal basis for administering the affairs of the country remotely in circumstances where the president and other senior officials are simultaneously outside Nigeria. Ejimakor argued that remote administration does not necessarily address the constitutional requirements surrounding the exercise of certain presidential powers.
Dr. Monday Ubani, a Senior Advocate of Nigeria and former Chairman of the Nigerian Bar Association Section on Public Interest and Development Law, noted that the Vice-President is currently in the United States, representing the President at the United Nations General Assembly proceedings. While acknowledging that Section 145(2) of the 1999 Constitution gives the National Assembly the power to force the transfer of power to Shettima after 21 days of Tinubu's absence without formal notification, Ubani said the Presidency has described the President's trip as a "working vacation," which may open up a constitutional loophole.
Ibrahim Eleja, a lawyer, disagreed that Shettima's absence from Nigeria was material to the constitutional debate, arguing that while the Vice-President is working in the US, the President is on vacation. Eleja also dismissed the positions of the Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas, in the succession conversation, noting that the Constitution does not provide for either of the legislative leaders to act as president if both the president and vice-president are outside the country.
The lawyers' concerns center on the interpretation and practical application of Sections 145 and 146 of the 1999 Constitution, particularly where the president and vice-president are simultaneously outside the country. The development has consequently renewed debate over whether Nigeria's constitutional framework provides sufficient safeguards for continuity of government when several of the country's highest-ranking officials are simultaneously absent from the country.
The National Assembly has been criticized for failing to act 28 days since Tinubu embarked on his vacation, noting that both chambers should have voted for a resolution that forces the transition of power to Shettima as provided in Section 145(2) of the Constitution. The situation has raised concerns about the country's preparedness for emergencies and the need for clear guidelines on succession and the exercise of presidential powers.
Key points
- The simultaneous absence of President Bola Tinubu and Vice-President Kashim Shettima has sparked concerns over Nigeria's governance and constitutional order.
- Constitutional lawyers argue that the situation exposes a "dangerous constitutional loophole" and a governance deficit.
- The National Assembly has been criticized for failing to act in accordance with Section 145(2) of the Constitution, which provides for the transfer of power to the Vice-President in the event of the President's absence.
