Human rights lawyer and former Chairman of the National Human Rights Commission, Professor Chidi Odinkalu, has expressed concerns over President Bola Tinubu's prolonged absence from Nigeria. Odinkalu stated that the President's absence raises serious constitutional and governance concerns. He emphasized that the Constitution does not recognize the concept of a "working vacation" for the President.
According to Odinkalu, Section 145 of the 1999 Constitution provides for the President's absence from the country and the transfer of authority to the Vice President under specified circumstances. He noted that while the President is not automatically stripped of his powers simply because he is outside Nigeria, the country should not be left without a clear line of constitutional authority.
Odinkalu argued that the idea of a "working vacation" does not exist in Section 145, which deals with presidential absence from the country and provides a mechanism for the Vice President to act where the President is unable to discharge his functions. He explained that the Constitution envisages situations where the President might be outside the country, adding that the provision is designed to ensure that there is no vacuum in the exercise of executive authority.
The legal expert noted that the interpretation of the 21-day period contained in Section 145 could be subject to legal argument. He stated that an interpretation of 21 working days, excluding weekends and public holidays, could be considered. However, Odinkalu emphasized that the central issue goes beyond a technical interpretation of constitutional provisions, stressing that "running a country requires common sense."
Odinkalu cited previous administrations, noting that former Presidents Olusegun Obasanjo, Umaru Yar'Adua, and Goodluck Jonathan did not allow such a situation to become a regular practice. He also mentioned that former President Muhammadu Buhari ensured that then Vice President Yemi Osinbajo was in the country when he traveled. According to Odinkalu, constitutional conventions have historically discouraged the President and Vice President from being outside the country simultaneously.
Odinkalu explained that Section 145(2) provides a mechanism for the National Assembly to act if the President fails to transmit a written declaration and the constitutional threshold is reached. He stated that if the President fails to do that, and the 21-day trigger is reached, the obligation shifts from the Presidency to the Legislature, which should take responsibility to confer authority to act on the Vice President.
Odinkalu dismissed suggestions that the Secretary to the Government of the Federation could assume responsibility for running the country in the absence of the President. He stated that the possibility of the SGF assuming responsibility does not exist within the contemplation of Section 145. Odinkalu concluded that prolonged absence without a clear constitutional arrangement could create a governance problem, rendering Nigeria an "ungoverned territory."
Key points
- Constitutional concerns arise over President Bola Tinubu's prolonged absence from Nigeria.
- Human rights lawyer Chidi Odinkalu emphasizes the need for a clear line of constitutional authority.
- The situation raises questions about the exercise of presidential authority and potential governance issues.
