Prolonged absence: Tinubu sued for refusing to hand over power
African Action Congress Sues President Tinubu Over Power Transfer Dispute
The African Action Congress (AAC) has filed a lawsuit against President Bola Tinubu in the Federal High Court in Abuja, challenging his decision not to transfer power to Vice President Kashim Shettima during his current absence. Tinubu has been out of the country for an extended vacation in Europe since August 30, 2026.
The suit, designated FHC/ABJ/CS/2353/2026 and filed on September 28, 2026, was initiated by the AAC’s National Legal Adviser, Inihebe Effiong.
In the legal action, President Tinubu is named as the first defendant, while the Attorney General of the Federation, Lateef Fagbemi, is the second defendant. Other defendants include Senate President Godswill Akpabio, Speaker of the House of Representatives Abbas Tajudeen, and the National Assembly itself.
President Tinubu’s trip to Europe was initially intended as a three-week working vacation, part of his annual leave. The Presidency announced on September 21 that his return would be delayed by a few days, with expectations of him returning last weekend. However, as of September 28, he had not yet returned to Nigeria.
The AAC’s lawsuit seeks a judicial declaration that Tinubu’s failure to submit a written notice to the Senate President and the Speaker, which would allow the National Assembly to authorize Shettima to perform presidential duties in an acting capacity, is undemocratic, unlawful, and in violation of Section 145(1) of the 1999 Constitution, as amended.
Additionally, the party asks the court to declare that the National Assembly’s failure to pass a resolution enabling Shettima to assume the role of Acting President following Tinubu’s absence of over 21 days is unconstitutional.
The AAC requests the court to issue a perpetual injunction preventing President Tinubu and any future presidents from taking vacations without complying with the provisions outlined in Section 145(1) of the Constitution.
