President Bola Ahmed Tinubu’s extended stay abroad has triggered fresh constitutional questions, with lawmakers under the Save Democracy Group (SDG) calling on the National Assembly to reconvene and clarify whether the President complied with the requirements of Section 145 of the 1999 Constitution.
The lawmakers want Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to disclose whether Tinubu transmitted the written declaration required under the Constitution before or during his extended stay outside Nigeria.
Key Highlights
- Tinubu left Nigeria on August 30 for an initially announced three-week working vacation.
- The Presidency announced on September 21 that the President had extended his stay by a few days and would return at the weekend.
- The Save Democracy Group wants the National Assembly to clarify whether Tinubu transmitted a written declaration under Section 145.
- Section 145 provides for a written declaration when a President proceeds on vacation or is otherwise unable to discharge the functions of office.
- The SDG says the National Assembly should act under Section 145(2) if no declaration was transmitted within 21 days.
- The Presidency maintains that Tinubu has remained in contact with officials and continues to direct government affairs while abroad.
- Vice-President Kashim Shettima is currently representing Nigeria at the 81st United Nations General Assembly in New York.
Tinubu’s Extended Stay Abroad
Tinubu departed Nigeria on August 30 for London at the start of what the Presidency described as a three-week working vacation. He later travelled to Paris, where he met French President Emmanuel Macron and businessman Vincent Bolloré.
On September 21, the Presidency announced that Tinubu had extended his stay by a few days and was expected to return to Nigeria at the weekend. It said the President had remained in contact with officials at home and continued to direct the affairs of government from abroad.
The Presidency also said Tinubu had delegated Vice-President Kashim Shettima to represent him at some official engagements.
Shettima subsequently travelled to New York on September 20 to represent Nigeria at the 81st United Nations General Assembly, where he is leading the Nigerian delegation and is scheduled to deliver the country’s national statement.
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Lawmakers Raise Section 145 Questions
The SDG said the central issue is whether Tinubu transmitted the written declaration required under Section 145 to the President of the Senate and the Speaker of the House of Representatives.
Section 145(1) provides that when the President proceeds on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the Senate President and Speaker.
The Constitution further provides that if the President is unable or fails to transmit the declaration within 21 days, the National Assembly shall, by resolutions of a simple majority in each chamber, mandate the Vice-President to perform the functions of President as Acting President until the President communicates his availability to resume his duties.
The SDG therefore wants Akpabio and Abbas to publicly clarify whether the required declaration was received.
“If it was transmitted, the President of the Senate and the Speaker of the House of Representatives should immediately make that fact clear to Nigerians,” the group said.
The lawmakers also urged the National Assembly to reconvene and consider the constitutional implications of the President’s extended absence.
SDG Rejects Technology Argument
The lawmakers rejected the argument that Tinubu’s ability to communicate with government officials and issue directives from abroad automatically resolves the constitutional questions surrounding his absence.
According to the group, the issue is whether the procedure set out in Section 145 has been followed.
“The question is not whether modern technology allows the President to work from another country. The question is whether the Constitution has been obeyed,” the SDG said.
The group argued that constitutional continuity should be based on formal procedures rather than assumptions about the President’s ability to communicate remotely.
Presidency Maintains Tinubu Remains In Charge
The Presidency has maintained that Tinubu remains in charge of government despite his absence from Nigeria.
According to the State House, the President has continued to communicate with officials and direct government affairs while abroad. It cited his decision to order an independent investigation into the deaths of 37 suspected illegal miners in Minna as one of the actions taken during his stay abroad.
The Presidency also said the President had delegated Shettima to represent him at official functions.
With Shettima now in New York for the UN General Assembly, the Secretary to the Government of the Federation, George Akume, has continued to represent the President at some official engagements, according to the State House.
SDG Wants National Assembly To Reconvene
The SDG has called on Akpabio and Abbas to reconvene both chambers of the National Assembly and establish whether Tinubu transmitted the declaration required under Section 145.
The group further urged the National Assembly to invoke Section 145(2) and mandate Shettima to perform the functions of President as Acting President if it establishes that no declaration was transmitted within the stipulated 21-day period.
The lawmakers said the National Assembly should provide Nigerians with a clear explanation of the constitutional status of presidential authority during Tinubu’s extended stay abroad.
The controversy has also attracted wider political attention, with opposition figures raising similar questions about whether the constitutional procedure governing presidential absence has been followed.
For now, the central issue remains whether Tinubu transmitted the written declaration required under Section 145 and whether the leadership of the National Assembly will publicly clarify the matter.
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