Extended Vacation: ADC, Makinde, Sowore Raise Constitutional Questions Over Tinubu’s Absence
The African Democratic Congress (ADC), Oyo State Governor Seyi Makinde and presidential candidate of the African Action Congress (AAC), Omoyele Sowore, have questioned the continued absence of President Bola Tinubu from Nigeria, arguing that the situation raises issues under Section 145 of the 1999 Constitution.
Their reactions followed the Presidency’s announcement that Tinubu had extended his 21-day working vacation by a few days and would return to Nigeria at the weekend.
Tinubu left Nigeria on August 30 for a three-week vacation, initially travelling to London before proceeding to Paris, France.
The ADC, through its National Publicity Secretary, Bolaji Abdullahi, said the President’s continued absence, coupled with Vice President Kashim Shettima’s presence outside the country for the United Nations General Assembly, required clarification on whether the constitutional procedure for transmitting presidential powers had been followed.
According to the party, Section 145 requires a president proceeding on vacation or otherwise unable to discharge the functions of office to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives, after which the Vice President performs the functions of President in an acting capacity.
“President Tinubu left Nigeria on 30 August and has now been away for more than 21 days. We therefore demand to know whether the required declaration was transmitted by the President,” the ADC said.
The party also questioned the Presidency’s description of Tinubu’s absence as a “working vacation” and its explanation that Secretary to the Government of the Federation, George Akume, would represent the President at official engagements.
The ADC argued that such explanations did not address the constitutional procedure governing presidential absence.
Makinde, who is also a presidential candidate of the Action Peoples Movement (APM), raised similar concerns during a town hall meeting in Katsina.
The governor said he followed the constitutional procedure by transmitting power to his deputy whenever he travelled on vacation for more than 21 days, asking why a similar arrangement had not been publicly announced at the federal level.
“I have looked at the Constitution of the Federal Republic of Nigeria and, of course, as a state governor, I also operate under that Constitution.
Anytime I have to travel out, not for work but on vacation, for more than 21 days, I transmit power to the Deputy Governor. Why is this not happening at the national level?” Makinde asked.
He cited Section 145, which provides for the transmission of a written declaration when the President proceeds on vacation or is otherwise unable to discharge the functions of office.
Makinde said the constitutional provision should apply whether the President was away on vacation, on a medical trip or otherwise unable to perform his duties.
“I promise you that, as your President, I will follow the Constitution to the letter. If I am not going to be available, if I am on vacation, I will transmit power to the Vice President. Record this and hold me accountable,” he said.
Sowore also called on the National Assembly to take action under Section 145(2), arguing that the 21-day period had elapsed without a publicly established declaration transferring presidential functions to Shettima.
He urged Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to clarify whether they had received the declaration contemplated under Section 145(1).
“The National Assembly must immediately commence the constitutional process prescribed by Section 145(2) of the 1999 Constitution to mandate Vice-President Kashim Shettima to perform the functions of President as Acting President,” Sowore said.
He maintained that describing Tinubu’s absence as a “working vacation” did not, in his view, create an exception to the constitutional provision.
Section 145 provides that when the President proceeds on vacation or is otherwise unable to discharge the functions of office, a written declaration is to be transmitted to the Senate President and House Speaker, after which the Vice President performs the functions of President as Acting President.
The section further provides that where such a declaration is not transmitted within 21 days, the National Assembly may, by a simple majority in each chamber, mandate the Vice President to perform those functions.
Their reactions followed the Presidency’s announcement that Tinubu had extended his 21-day working vacation by a few days and would return to Nigeria at the weekend.
Tinubu left Nigeria on August 30 for a three-week vacation, initially travelling to London before proceeding to Paris, France.
The ADC, through its National Publicity Secretary, Bolaji Abdullahi, said the President’s continued absence, coupled with Vice President Kashim Shettima’s presence outside the country for the United Nations General Assembly, required clarification on whether the constitutional procedure for transmitting presidential powers had been followed.
According to the party, Section 145 requires a president proceeding on vacation or otherwise unable to discharge the functions of office to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives, after which the Vice President performs the functions of President in an acting capacity.
“President Tinubu left Nigeria on 30 August and has now been away for more than 21 days. We therefore demand to know whether the required declaration was transmitted by the President,” the ADC said.
The party also questioned the Presidency’s description of Tinubu’s absence as a “working vacation” and its explanation that Secretary to the Government of the Federation, George Akume, would represent the President at official engagements.
The ADC argued that such explanations did not address the constitutional procedure governing presidential absence.
Makinde, who is also a presidential candidate of the Action Peoples Movement (APM), raised similar concerns during a town hall meeting in Katsina.
The governor said he followed the constitutional procedure by transmitting power to his deputy whenever he travelled on vacation for more than 21 days, asking why a similar arrangement had not been publicly announced at the federal level.
“I have looked at the Constitution of the Federal Republic of Nigeria and, of course, as a state governor, I also operate under that Constitution.
Anytime I have to travel out, not for work but on vacation, for more than 21 days, I transmit power to the Deputy Governor. Why is this not happening at the national level?” Makinde asked.
He cited Section 145, which provides for the transmission of a written declaration when the President proceeds on vacation or is otherwise unable to discharge the functions of office.
Makinde said the constitutional provision should apply whether the President was away on vacation, on a medical trip or otherwise unable to perform his duties.
“I promise you that, as your President, I will follow the Constitution to the letter. If I am not going to be available, if I am on vacation, I will transmit power to the Vice President. Record this and hold me accountable,” he said.
Sowore also called on the National Assembly to take action under Section 145(2), arguing that the 21-day period had elapsed without a publicly established declaration transferring presidential functions to Shettima.
He urged Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to clarify whether they had received the declaration contemplated under Section 145(1).
“The National Assembly must immediately commence the constitutional process prescribed by Section 145(2) of the 1999 Constitution to mandate Vice-President Kashim Shettima to perform the functions of President as Acting President,” Sowore said.
He maintained that describing Tinubu’s absence as a “working vacation” did not, in his view, create an exception to the constitutional provision.
Section 145 provides that when the President proceeds on vacation or is otherwise unable to discharge the functions of office, a written declaration is to be transmitted to the Senate President and House Speaker, after which the Vice President performs the functions of President as Acting President.
The section further provides that where such a declaration is not transmitted within 21 days, the National Assembly may, by a simple majority in each chamber, mandate the Vice President to perform those functions.
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