Constitution doesn’t recognise ‘working’ vacation – ADC challenges National Assembly over Tinubu’s absence
The African Democratic Congress (ADC) has formally requested clarification from the National Assembly regarding the constitutional status of President Bola Ahmed Tinubu, who has been outside Nigeria for an extended period.
In a statement issued by the party’s National Publicity Secretary, Bolaji Abdullahi, the ADC emphasized the need for transparency regarding the procedural requirements for presidential absence and the transfer of power. Abdullahi noted that Tinubu has been abroad since August 30 and questioned whether he has submitted the mandatory written declaration to the President of the Senate and the Speaker of the House of Representatives.
The ADC pointed out that the Nigerian Constitution mandates the President to provide such a declaration whenever he is on vacation or unable to fulfill his presidential duties. Should the President fail to transmit this declaration within a 21-day period, it is stipulated that the National Assembly must act to empower the Vice-President to assume the role of Acting President.
In light of this, the ADC is seeking to determine if the National Assembly has fulfilled its obligations 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 stated.
Furthermore, the ADC criticized the characterization of Tinubu’s trip as a “working vacation.” The party highlighted that while other government officials may represent the President, such actions do not equate to a transfer of presidential authority. Specifically, they questioned the involvement of Secretary to the Government of the Federation, George Akume, in official engagements, given that both the President and Vice-President Kashim Shettima are currently outside the country.
The ADC contended that while Akume may deliver speeches or attend events on behalf of the President, he is not authorized to exercise the constitutional powers of either the President or Acting President during Tinubu’s absence. The party asserted that the President’s absence cannot be addressed through remote communication or nominal representation.
“The Constitution does not recognize any category called a ‘working vacation’ for the transfer of presidential authority,” the ADC stated. “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.”
