‘Working Vacation’ Not Recognised By Constitution, ADC Challenges NASS Over Tinubu’s Absence

The African Democratic Congress (ADC) has asked the National Assembly to clarify the constitutional status of President Bola Ahmed Tinubu following his prolonged absence from Nigeria.

The opposition party questioned whether Tinubu complied with the constitutional requirement to formally transmit presidential powers after remaining outside the country for more than 21 days.

In a statement issued by its National Publicity Secretary, Bolaji Abdullahi, the ADC said Tinubu left Nigeria on August 30 and asked whether he had transmitted a written declaration to the President of the Senate and the Speaker of the House of Representatives.

According to the party, Section 145 of the 1999 Constitution requires the President to transmit such a declaration whenever he proceeds on vacation or is otherwise unable to perform the functions of his office.

It added that where the President fails to transmit the declaration within 21 days, the National Assembly is empowered to act by a resolution of both chambers to mandate the Vice-President to perform the functions of the President as Acting President.

The ADC therefore questioned whether the National Assembly had taken the steps required under the Constitution.

“If he did not, we would like to know why the National Assembly has ignored Section 145 of the Constitution,” the party said.

The opposition party also rejected the description of Tinubu’s absence as a “working vacation”, arguing that the attendance of official engagements by other government officials does not amount to a transfer of presidential powers.

It specifically questioned the role of the Secretary to the Government of the Federation, George Akume, who has represented Tinubu at some official functions while the President and Vice-President Kashim Shettima are both outside Nigeria.

The ADC said Akume could attend official events or deliver speeches on behalf of the President but could not exercise the constitutional powers vested in the President or Acting President.

The party further argued that presidential authority could not be transferred through remote communication or official representation.

“The Constitution does not recognise any category called a ‘working vacation’ for the transfer of presidential authority. With both the President and Vice-President out of the country, questions remain over who is currently exercising the powers of the President. We, therefore, call on the National Assembly and the Presidency to explain the constitutional basis for the current arrangement,” the ADC stated.