President Bola Tinubu’s more than 21-day stay outside Nigeria has led to questions over whether he should have formally handed presidential functions to Vice-President Kashim Shettima.
Tinubu left Nigeria on 30 August for London, where he began a three-week vacation, before travelling to Paris, France, where he met French President Emmanuel Macron. The Presidency later said he had extended his working vacation by a few days.
The African Democratic Congress (ADC) and the presidential candidate of the African Action Congress (AAC), Omoyele Sowore, have questioned whether the constitutional procedure for such an absence was followed.
Their position is based on Section 145 of the Constitution, which provides for a written declaration by the President when proceeding on vacation for up to 21 days. The declaration is to be sent to the President of the Senate and the Speaker of the House of Representatives, after which the Vice-President performs the functions of the President in an acting capacity.
The Presidency, however, has maintained that Tinubu can continue to govern Nigeria from outside the country because his constitutional powers are not limited by his physical location.
Parties question Section 145
Oyo State Governor and presidential candidate of the Allied People’s Movement (APM), Seyi Makinde, raised the issue at a North-West town hall meeting organised by the Makinde/Daura Presidential Campaign Organisation in Katsina State.
Makinde said he transmits power to his deputy when he leaves the country for a vacation lasting more than 21 days.
“Anytime I have to travel out, not for work but on vacation, for more than 21 days, I transmit power to the Deputy Governor. Why is this not happening at the national level?”
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He also said the constitutional process should apply if the President became unable to perform his duties because of sickness, a medical trip or incapacitation.
“If the President is unable, whether through sickness, a medical trip or incapacitation, to function, we are all human; anything can happen to anybody at any time. If that happens, the President should also transmit power to the Vice President.”
The ADC said Tinubu’s absence had passed the 21-day period and asked whether the required declaration had been sent to the National Assembly.
“President Tinubu left Nigeria on August 30 and has now been away for more than 21 days. We, therefore, demand to know whether the required declaration was transmitted by the President.”
The party also questioned why the National Assembly had not acted under Section 145 if no such declaration had been received.
Sowore separately asked Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to clarify whether they had received the declaration required under Section 145(1).
Presidency defends Tinubu’s authority
The Presidency has rejected the suggestion that Tinubu’s physical absence from Nigeria prevents him from exercising his presidential powers.
Special Adviser to the President on Policy Communication, Daniel Bwala, said the President could direct and administer Nigeria’s affairs from anywhere.
“It is funny how opposition candidates are asking the question who is in charge of Nigeria simply because the President and Vice President are out of the country,” he wrote in a post on X.
Bwala also referred to Tinubu’s position as Commander-in-Chief of the Armed Forces, saying his ability to exercise his constitutional responsibilities does not depend on his location.
The Presidency had also said Tinubu remained engaged with government affairs while abroad. It said his stay outside Nigeria was a “working vacation” and that Secretary to the Government of the Federation, Senator George Akume, would represent him at official events.
The ADC rejected that explanation, saying the Constitution did not provide an exception based on a “working vacation.”
Sowore also rejected the argument that Tinubu could continue directing government from abroad, saying it did not settle the constitutional issue over his absence.
The ADC further questioned Tinubu’s location in Paris as Macron travelled to New York for the United Nations General Assembly.
“The irony would be amusing if it were not a national disgrace. At a time when world leaders are advancing their countries’ interests at the United Nations General Assembly, Nigeria’s President is holed up in the French capital while his host has left to pursue his own country’s national interest.”
The question is whether Tinubu sent the required Section 145 declaration to the National Assembly during his extended stay abroad.
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