Tinubu Taken To Court Over Failure To Transfer Power To Shettima

Tinubu Taken To Court Over Failure To Transfer Power To Shettima

President Bola Tinubu has been taken before the Federal High Court in Abuja by the African Action Congress (AAC) over his alleged failure to formally transfer presidential powers to Vice-President Kashim Shettima during his prolonged stay in Europe.

The suit, filed on Monday by the party’s National Legal Adviser, Inibehe Effiong, challenges the constitutional implications of Tinubu’s absence from Nigeria and asks the court to determine whether the President complied with the provisions of Section 145 of the 1999 Constitution.

The case is marked FHC/ABJ/CS/2353/2026 and names Tinubu as the first defendant. Others joined in the suit are the Attorney-General of the Federation, Lateef Fagbemi; Senate President Godswill Akpabio; Speaker of the House of Representatives, Tajudeen Abbas; and the National Assembly.

Tinubu left Nigeria on August 30 for what the Presidency described as a three-week working vacation in Europe. His return was later extended, with the Presidency announcing on September 21 that he would return after a few more days.

By September 28, however, the President had not returned to Nigeria. The Presidency subsequently said he remained engaged with official duties while abroad and was expected back during the week.

The AAC is asking the court to determine whether the President could proceed on vacation without transmitting a written declaration to the Senate President and the Speaker of the House of Representatives, as provided under Section 145(1).

According to the party, such a declaration would have enabled the National Assembly to pass a resolution authorising Shettima to perform the functions of President as Acting President.

The opposition party is also challenging what it describes as the failure of the National Assembly to pass such a resolution after Tinubu’s absence exceeded 21 days.

The AAC wants the court to declare that the President’s alleged failure to transmit the required declaration was unconstitutional and unlawful. It is equally asking the court to make a determination on the National Assembly’s responsibilities under Section 145(2).

Among the reliefs being sought is an order permanently restraining Tinubu and future presidents from proceeding on vacation without complying with the constitutional requirements relating to the transfer of presidential functions.

The party’s case is contained in an originating summons supported by an affidavit, while no date had been fixed for hearing as of the latest reports.

The legal action comes amid renewed attention to the President’s extended absence from Nigeria and the constitutional procedure governing presidential vacations and temporary inability to perform official functions.

The suit does not represent a court determination that Tinubu violated the Constitution; the issues raised by the AAC remain before the Federal High Court for determination.