The African Action Congress (AAC) has taken President Bola Tinubu to the Federal High Court in Abuja over his prolonged absence from Nigeria and the alleged failure to formally transfer presidential powers to Vice-President Kashim Shettima.
The suit, marked FHC/ABJ/CS/2353/2026, was filed on Monday, September 28, by AAC National Legal Adviser, Inibehe Effiong.
The case centres on the interpretation of Section 145 of the 1999 Constitution, particularly the procedure a president is expected to follow when travelling outside the country or is unable to perform the functions of office.
Why AAC went to court
Tinubu left Nigeria for Europe on August 30 for what the Presidency described as a three-week working vacation.
His return was initially expected around September 21. However, the Presidency later announced that the trip had been extended by a few more days.
By September 28, the President had still not returned to Nigeria. The Presidency subsequently said he would return during the week and maintained that Tinubu continued to perform his official duties while abroad.
The development prompted the AAC to approach the court over what it described as a failure to comply with the constitutional procedure for transferring presidential functions.
What the party wants the court to decide
The AAC is asking the court to determine whether Tinubu could proceed on the extended vacation without transmitting a written declaration to the President of the Senate and the Speaker of the House of Representatives.
According to the party, such a declaration would enable the National Assembly to take the necessary steps for Shettima to perform the functions of President in an acting capacity.
The party is also asking the court to determine whether the National Assembly acted contrary to the Constitution by failing to pass a resolution authorising Shettima to assume the presidential functions after Tinubu’s absence went beyond 21 days.
The AAC wants the court to declare that the alleged failure to transmit the required declaration violated Section 145(1) of the Constitution.
Tinubu, Akpabio, Abbas listed as defendants
The suit names five defendants.
They are President Tinubu; Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi; Senate President Godswill Akpabio; Speaker of the House of Representatives, Tajudeen Abbas; and the National Assembly.
The party is also asking the court for a perpetual injunction preventing Tinubu and future presidents from proceeding on vacation without complying with the relevant constitutional provisions.
No hearing date fixed yet
The case was filed through an originating summons, meaning the AAC is asking the court to determine specific constitutional questions arising from the President’s absence.
As of the filing of the suit, no date had been fixed for hearing.
The case could therefore provide judicial clarification on how Section 145 should operate when a president remains outside the country for an extended period without formally transferring presidential functions to the vice-president.
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