Tinubu’s absence from Nigeria has triggered fresh calls from some members of the House of Representatives for the National Assembly to reconvene and clarify whether the constitutional procedure governing a president’s vacation has been followed.
The lawmakers, operating under the Save Democracy Group, want Senate President Godswill Akpabio and House Speaker Tajudeen Abbas to publicly confirm whether President Bola Tinubu transmitted the written declaration required under Section 145 of the 1999 Constitution before or during his extended stay abroad.
Tinubu departed Nigeria on August 30 for what the Presidency described as a three-week working vacation in Europe, but the Presidency announced on September 21 that he had extended his stay by a few days and was expected to return at the weekend.
The development has renewed attention on the constitutional arrangements for presidential absences, particularly because the initially announced three-week period has now expired.
Tinubu’s Absence Raises Section 145 Questions
The Save Democracy Group said the main issue is not simply the President’s physical location but whether the constitutional process for dealing with his absence was followed.
Section 145(1) 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. Following that declaration, the Vice-President performs the functions of President as Acting President.
The group wants the leadership of both chambers to establish whether such a declaration was transmitted by Tinubu and, if it was, to make that information known to Nigerians.
The lawmakers further argued that if no declaration was transmitted within the constitutionally prescribed 21-day period, the National Assembly should consider the procedure provided under Section 145(2).
That provision states that where the President is unable or fails to transmit the declaration within 21 days, the National Assembly is to act through a simple-majority resolution of each chamber to mandate the Vice-President to perform the functions of President as Acting President until the President communicates his availability to resume his duties.
The Save Democracy Group has therefore called for both chambers to reconvene and address the matter, while asking Akpabio and Abbas to clarify whether the required declaration was received.
The demand comes amid the Presidency’s position that Tinubu has continued to direct the affairs of government while abroad. According to the Presidency, the President has remained in contact with officials at home and has continued to issue directives during his working vacation.
Vice-President Kashim Shettima is also currently in New York representing Nigeria at the 81st United Nations General Assembly, where he is expected to present Nigeria’s national statement.
Akpabio Says There Is No Vacancy
While the lawmakers are asking the National Assembly to examine the constitutional position, Senate President Godswill Akpabio has maintained that Tinubu remains in charge of the country.
Akpabio made the comments in Akwa Ibom while responding to calls for the President to transfer power to Shettima during his extended working vacation. He said he was not the Acting President because Tinubu remained in power.
The Senate President also argued that modern communication allows the President to continue directing government affairs while outside the country, stressing that Tinubu has remained involved in the administration despite his physical absence from Nigeria.
His position contrasts with the concerns raised by the Save Democracy Group, which has focused specifically on whether the formal constitutional procedure under Section 145 was followed.
The group wants the National Assembly leadership to make the situation clear to Nigerians and, if it establishes that no declaration was transmitted within the stipulated period, take whatever steps are required under Section 145(2).
For now, the dispute centres on the constitutional procedure surrounding Tinubu’s absence, with lawmakers seeking clarification while the Senate President maintains that there is no vacancy in the presidency.
