The African Action Congress (AAC) has dragged President Bola Tinubu, the Attorney General of the Federation and other senior government officials before the Federal High Court in Abuja over the President’s failure to transmit power to Vice President Kashim Shettima during his prolonged vacation outside Nigeria.
The suit was filed on Monday, September 28.
It challenges what the party described as President Tinubu’s failure to comply with Section 145(1) of the 1999 Constitution, as amended, which provides for the transmission of written declaration when a President is proceeding on vacation or is otherwise unable to discharge the functions of his office.
The case was filed through an Originating Summons by the AAC National Legal Adviser and Lagos-based human rights lawyer, Inibehe Effiong.
The party is asking the Federal High Court to declare that Tinubu’s alleged failure or refusal to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives was unlawful and unconstitutional.
According to the AAC, such a declaration would have enabled the National Assembly to pass a resolution authorising Shettima to perform the functions of the office of President as Acting President.
The party is also asking the court to declare that the failure of the National Assembly to pass a resolution enabling Shettima to act as President after Tinubu’s absence exceeded 21 days was unconstitutional.
The suit, marked FHC/ABJ/CS/2353/2026, also seeks an order of perpetual injunction restraining Tinubu and future Nigerian presidents from proceeding on vacation without complying with the constitutional provisions relating to the transfer of presidential powers.
The AAC’s case is contained in a 30-paragraph affidavit deposed to by its National Secretary, Oshiokhue Philip Ikpeminoghena.
In the affidavit, the party stated that Tinubu left Nigeria on August 30, 2026, for a working vacation in Europe and subsequently announced an extension of his stay on September 21.
The AAC questioned the extension and argued that the President’s continued absence created an obligation under the Constitution concerning the transfer of presidential functions.
The party also criticised the role of the National Assembly leadership during the President’s absence.
It stated that Senate President Godswill Akpabio, rather than taking steps the AAC believes were required under the Constitution, announced that he had travelled to the Prayer Ground of St. Padre Pio in San Giovanni Rotondo, Italy, to pray for Nigeria.
Akpabio, the Speaker of the House of Representatives, Tajudeen Abbas, the National Assembly and Attorney General of the Federation, Lateef Fagbemi, SAN, were joined as defendants in the case alongside President Tinubu.
The party’s 2027 presidential candidate, Omoyele Sowore, was also present at the Federal High Court to witness the filing of the suit.
The legal challenge comes shortly after Vice President Shettima returned to Nigeria from New York, where he represented President Tinubu at the 81st Session of the United Nations General Assembly.
Shettima had departed Nigeria on September 20 on Tinubu’s mandate to lead the Nigerian delegation to the annual gathering of world leaders.
During the UN General Assembly, the Vice President delivered Nigeria’s national statement and presented the administration’s position on issues including reform of the United Nations Security Council, development financing, climate support, regional integration and global economic cooperation.
Nigeria renewed its demand for permanent African representation on the UN Security Council and called for reforms aimed at improving developing countries’ access to international financing.
Shettima also participated in discussions on Africa’s mineral resources, where Nigeria advocated moving away from the export of raw minerals towards local processing, manufacturing and value addition.
He further represented Nigeria at a high-level education financing event co-hosted by Nigeria and Italy, where he reiterated the Federal Government’s position that investment in education was important to human capital development and economic growth.
The Vice President also met Nigerians in the diaspora and held engagements with the new leadership of the Economic Community of West African States Commission and UN Deputy Secretary-General Amina J. Mohammed.
His return to Nigeria has coincided with renewed attention on Tinubu’s continued absence from the country.
The Presidency has, however, rejected concerns over the President’s absence and maintained that Tinubu remains in charge of government.
Special Adviser to the President on Information and Strategy, Bayo Onanuga, said on Sunday that Tinubu was “hale and hearty” and “perfectly entitled” to take a working vacation.
“President Tinubu is hale and hearty,” Onanuga said.
He argued that the President did not have to be physically present in Abuja at all times to perform his constitutional responsibilities, particularly because modern communication technology allows him to remain in contact with officials and monitor government activities.
“In this digital age, he does not need to be physically present in Abuja to do the work for which he was elected in 2023,” Onanuga said.
The Presidency also said Tinubu had remained engaged with developments in Nigeria while abroad and had held meetings with investors and other stakeholders in France.
It cited the President’s involvement in discussions around a proposed $7 billion deep-sea port project in Ogun Waterside as an example of his official engagements during the vacation.
The Presidency had earlier announced that Tinubu’s working vacation, which began on August 30, would be extended by a few days. It subsequently indicated that the President was expected to return to Nigeria on Tuesday, September 29, through Lagos.
Tinubu is also expected to participate in activities connected to Nigeria’s 66th Independence anniversary on October 1 before returning to Abuja. The Presidency said he is expected to attend the premiere of a movie commemorating the late businessman and politician, MKO Abiola, during the Independence Day period.
