The African Action Congress (AAC) has dragged President Bola Tinubu and the National Assembly before the Federal High Court in Abuja over his prolonged vacation in Europe and the alleged failure to formally transfer presidential functions to Vice-President, Kashim Shettima.
The party, in a 30-paragraph affidavit deposed to by its National Secretary, Oshiokhue Ikpeminoghena, expressed disatisfaction that Tinubu travelled and subsequently announced an extension of his stay, asking the court to declare that the alleged failure by Tinubu to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives, as required under Section 145 of the 1999 Constitution, is unconstitutional.
The suit was filed on Monday, through an Originating Summons by the party’s National Legal Adviser and Lagos-based human rights lawyer, Inibehe Effiong, who in a statement on social media, is seeking a declaration that Tinubu’s alleged failure or refusal to transmit the required written declaration prevented the National Assembly from taking steps to authorise Shettima to perform the functions of the President as Acting President.
The party is also asking the court to determine whether the National Assembly’s failure to pass a resolution mandating Shettima to perform presidential functions after Tinubu’s absence exceeded 21 days contravenes the Constitution.
According to the statement, “Under Section 145, a President proceeding on vacation is required to transmit a written declaration to the Senate President and Speaker of the House, after which the Vice-President performs presidential functions as Acting President. The provision also establishes a mechanism for National Assembly intervention where the declaration is not transmitted within 21 days.”
AAC is consequently asking the court to issue a perpetual injunction restraining Tinubu and future presidents from proceeding on vacation without complying with the constitutional provisions governing temporary presidential absence.
In the affidavit, the party also raised concerns over the actions of Senate President Godswill Akpabio during the period, alleging that rather than discharging his constitutional responsibilities, he announced that he had travelled to the Prayer Ground of St. Padre Pio in San Giovanni Rotondo, Italy, to pray for Nigeria.
Joined as defendants in the suit, marked FHC/ABJ/CS/2353/2026, are the Attorney-General of the Federation, Lateef Fagbemi,; Senate President Godswill Akpabio; Speaker of the House of Representatives, Tajudeen Abbas; and the National Assembly.
AAC’s 2027 presidential candidate, Omoyele Sowore, was also present at the Federal High Court to witness the filing of the suit.