President Bola Tinubu
Abuja — The African Action Congress (AAC) on Monday filed a lawsuit at the Federal High Court in Abuja challenging President Bola Tinubu’s prolonged absence from Nigeria and his alleged failure to transmit power to Vice-President Kashim Shettima as required by the Constitution.
The suit, marked FHC/ABJ/CS/2353/2026 (also reported in some filings as FHC/ABJ/CS/2358/2026), was instituted by way of an originating summons through the party’s National Legal Adviser and Lagos-based human rights lawyer, Inibehe Effiong.
Named as defendants are President Tinubu (1st defendant), the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (2nd defendant), Senate President Godswill Akpabio (3rd defendant), Speaker of the House of Representatives Abbas Tajudeen (4th defendant), and the National Assembly (5th defendant).
The AAC is seeking a declaration that Tinubu’s failure or refusal to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives — enabling the National Assembly to authorise Shettima to perform the functions of the President as Acting President — is undemocratic, unlawful, and a violation of Section 145(1) of the 1999 Constitution (as amended).
The party further wants the court to declare that the National Assembly’s failure to pass a resolution authorising Shettima to act as President after Tinubu’s absence exceeded 21 days is unconstitutional and a breach of Section 145(2) of the Constitution.
Additionally, the AAC is praying for an order of perpetual injunction restraining Tinubu and future presidents from proceeding on vacation — whether within or outside Nigeria — without first complying with the provisions of Section 145(1).
In a 30-paragraph affidavit deposed to by the party’s National Secretary, Oshiokhue Philip Ikpeminoghena, the AAC stated that Tinubu left Nigeria on August 30, 2026, for a three-week working vacation in Europe (initially described as including London). The Presidency announced an extension of the vacation on September 21, with a return expected last weekend. As of Monday, September 28, the President had yet to return to the country.
The affidavit described the President’s continued stay abroad without the constitutionally required written declaration as creating a “constitutional vacuum.” It also noted concerns over Senate President Akpabio’s reported travel to Italy during the period.
Section 145 of the 1999 Constitution provides that whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives. Upon such transmission, the Vice-President shall perform those functions as Acting President. Where no declaration is transmitted and the President’s absence exceeds 21 days, the National Assembly is empowered to pass a resolution enabling the Vice-President to act.
The AAC maintains that Tinubu’s departure without the required declaration, and the subsequent failure of the National Assembly to intervene after the 21-day threshold, constitute breaches of these mandatory provisions.
No date has been fixed for the hearing of the suit.
The legal action comes amid growing public and political scrutiny of the President’s extended stay abroad, which has drawn criticism from opposition figures and raised questions about the handling of presidential succession and continuity of government.
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