AAC Sues Tinubu Over Prolonged Absence

The African Action Congress (AAC) has filed a lawsuit against President Bola Tinubu and the National Assembly over the President’s prolonged absence from Nigeria and his alleged failure to transfer presidential powers to Vice President Kashim Shettima.

The suit was filed on Monday at the Federal High Court in Abuja by the party’s National Legal Adviser, Inibehe Effiong.

The AAC also listed Attorney-General of the Federation Lateef Fagbemi, Senate President Godswill Akpabio and House of Representatives Speaker Tajudeen Abbas as defendants. According to the party, Tinubu left Nigeria on August 30 for a working vacation in Europe and subsequently extended his stay.

The party is asking the court to declare that the President violated Section 145(1) of the 1999 Constitution by failing to submit a written declaration to the Senate President and the Speaker of the House of Representatives before leaving the country.

The AAC argued that the President is “mandated to compulsorily transmit a written declaration” before proceeding on vacation, adding that the alleged failure “is undemocratic and a gross violation of the Constitution.”

It is also seeking a declaration that the National Assembly breached Section 145(2) of the Constitution by failing to pass a resolution authorising Shettima to act as President after Tinubu’s absence exceeded 21 days.

The party wants the court to issue “an order of perpetual injunction” restraining Tinubu and future presidents from proceeding on vacation without meeting the constitutional requirements.

In its suit, the AAC has asked the court to determine whether Section 145 permits a President to proceed on vacation without transmitting the required written declaration to the National Assembly.

No date has been fixed for the hearing.

The Presidency, however, has maintained that Tinubu can continue to govern from abroad, arguing that his constitutional powers are not restricted by his physical location.