| Lawyers divided on need to transmit power to vice president
By Jonathan Nda-Isiah, Kunle Olasanmi
President Bola Ahmed Tinubu’s decision to extend his working vacation by a few days has triggered fresh political and legal reactions, with former Vice President Atiku Abubakar questioning the constitutional status of presidential authority during the President’s prolonged absence from the country.
As Tinubu is expected to return to Nigeria at the weekend, the controversy has also drawn divergent interpretations from constitutional lawyers over the provisions of Section 145 of the 1999 Constitution on presidential absence, the transfer of executive functions and the role of the National Assembly.
Presidency Defends Tinubu’s Absence
Meanwhile, the Presidency has dismissed as baseless and irresponsible insinuations surrounding Tinubu’s non-attendance at the 81st United Nations General Assembly (UNGA).
In a statement issued yesterday, the special adviser to the President on Information and Strategy, Bayo Onanuga, said Tinubu would return to Nigeria at the weekend following the extension of his working vacation.
Tinubu left Nigeria on August 30 for London before travelling to Paris, where he met with French President Emmanuel Macron and businessman Vincent Bolloré, whose business interests include Canal+, MultiChoice and Universal Music Group.
While the President has been away, Vice President Kashim Shettima has represented him at official functions, including the ongoing UNGA in New York.
The Presidency said Shettima would deliver Nigeria’s national statement at the global gathering.
Atiku Questions Constitutional Procedure
However, Atiku questioned whether the constitutional procedure for the temporary transfer of presidential functions had been followed.
The former vice president, who is also the presidential candidate of the African Democratic Congress (ADC), cited Section 145 of the 1999 Constitution, arguing that the President is required to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives when proceeding on vacation or otherwise unable to discharge the functions of his office.
Atiku said Nigerians had not been shown any such letter transferring presidential functions to Shettima.
He further argued that the 21-day period provided for under Section 145(2) had elapsed and called on the Presidency to publish the declaration if one existed.
“If such a letter exists, the presidency should publish it immediately,” he said.
Atiku also asked the National Assembly to explain why it had not activated the constitutional procedure under Section 145(2) if no declaration had been transmitted within the stipulated period.
The former Vice President said the issue was not one of political convenience but of constitutional order.
