Some members of the House of Representatives under the aegis of the Save Democracy Group (SDG) have called for the immediate reconvening of the National Assembly to address questions surrounding President Bola Tinubu’s prolonged absence from the country.
The lawmakers want the Senate and House of Representatives to establish whether Tinubu transmitted the written declaration required under Section 145 of the 1999 Constitution before or during his extended vacation abroad.
Politics Nigeria learnt that the demand was contained in a statement issued on Wednesday and signed by Awaji-Inombek Abiante and Abubakar Kusada on behalf of the group.
Tinubu departed Abuja on August 30 for what the Presidency described as a three-week working vacation as part of his annual leave. He initially travelled to London before proceeding to Paris, where the Presidency said he held meetings with French President Emmanuel Macron and businessman Vincent Bolloré.
On September 21, the Presidency announced that the President had extended his stay abroad by a few days and would return to Nigeria at the weekend.
The development has triggered renewed debate over the constitutional procedure for the transfer of presidential functions during a temporary absence.
Section 145(1) of the Constitution provides that when the President proceeds on vacation or is otherwise unable to discharge the functions of his office, he is to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives. Section 145(2) further provides that where the President fails or is unable to transmit the declaration within 21 days, the National Assembly is to mandate the Vice-President to perform the functions of President as Acting President through simple-majority resolutions of both chambers.
The SDG said the immediate issue was whether such a declaration had been transmitted to Senate President Godswill Akpabio and Speaker Tajudeen Abbas.
It urged the leadership of both chambers to publicly clarify the matter, arguing that any uncertainty over the constitutional status of the President and Vice-President should be resolved through the provisions of the Constitution.
“If it was transmitted, the President of the Senate and the Speaker of the House of Representatives should immediately make that fact clear to Nigerians,” the lawmakers said.
The group added that if no declaration had been transmitted, the 21-day period had elapsed and the National Assembly should take the step provided for under Section 145(2).
They also rejected the argument that Tinubu’s continued communication with government officials from abroad settled the constitutional question.
“The question is not whether modern technology allows the President to work from another country. The question is whether the Constitution has been obeyed,” they said.
While abroad, Tinubu has continued to direct government affairs, according to the Presidency. The administration has also said the President remained in contact with officials in Nigeria and issued directives on matters of governance.
Vice-President Kashim Shettima, meanwhile, travelled to New York on September 20 to represent Nigeria at the 81st United Nations General Assembly. He attended the opening of the General Debate and is scheduled to deliver Nigeria’s national statement on Thursday.
The SDG consequently urged Akpabio and Abbas to reconvene both chambers and determine the constitutional status of the President’s absence.
It further asked the lawmakers to adopt the required resolutions mandating Shettima to perform the functions of President as Acting President if it is established that Tinubu did not transmit the required declaration within the stipulated period.
The group cited Botswana as an example of a system where temporary transfers of presidential authority are clearly provided for, while acknowledging that the constitutional arrangements in the two countries differ.
“Constitutional continuity should be clear, formal and transparent – not left to assumption,” the lawmakers said.