The African Action Congress (AAC) has sued President Bola Tinubu and others over the president’s failure to transfer power to Vice President Kashim Shettima during his prolonged vacation in Europe.
The suit was filed at the Federal High Court in Abuja on Monday by the party’s National Legal Adviser, Inibehe Effiong, on behalf of the AAC.
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It Attorney-General of the Federation Lateef Fagbemi, Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abbas and the National Assembly alongside the presidenta as defendants.
Mr Effiong shared excerpts from the court filing in the suit via hia official X account on Monday. No date has been fixed for hearing of the suit.
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The suit pivots on fundamental questions, including whether, upon purposive/dispassionate interpretation of Section 145(1), the president can proceed on vacation “without transmitting written declaration to Senate President and Speaker to enable VP to act as President”.
PREMIUM TIMES reported that President Tinubu left Nigeria on 30 August for London to begin a three week vacation as part of his annual leave. The presidency described the trip as a working vacation and said Mr Tinubu was expected to return home after the break to join the campaign for the January 2027 election.
On 21 September, the presidency announced that his working vacation had been extended by a few days and that he would return to Nigeria at the weekend.
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However, by 28 September (Monday), Mr Tinubu had not returned as previously announced.
In another statement, the Special Adviser to the President on Information and Strategy, Bayo Onanuga, said Mr Tinubu had been on a working vacation, continued to perform his official duties from abroad and would return to Nigeria during the week.
The prolonged absence forms the immediate context of the AAC’s challenge under Section 145 of the Constitution.
What the AAC wants the court to determine
The AAC, which is fielding Sahara Reporters publisher and human rights activist Omoyele Sowore as its presidential candidate for the 2027 election, asked the court to determine whether, under Section 145(1) of the Nigerian constitution, the president can proceed on vacation without transmitting the required written declaration to the senate president and the speaker.
The AAC asked the court to declare that Mr Tinubu’s decision to proceed on vacation to Europe from 30 August without transmitting the declaration was “unconstitutional, unlawful, undemocratic, and a violation of oath of office”.
It also asked the court to determine whether the National Assembly’s failure to convene and pass a resolution authorising Mr Shettima to act as President after Mr Tinubu had been on vacation for more than 21 days was unlawful and unconstitutional.
Among it’s prayers, the AAC asked the court to declare that, under Section 145(1), the president “must compulsorily transmit a written declaration to the Senate President and Speaker before proceeding on vacation”.
The party also urged the court to declare that Mr Tinubu’s failure to transmit the declaration before proceeding on vacation to Europe from 30 August to 28 September was “undemocratic and a gross violation of the Constitution”.
It also sought a declaration that the National Assembly’s failure to convene and pass a resolution authorising the Vice President to act as president after Mr Tinubu had spent more than 21 days on vacation without transmitting the declaration was “unlawful, unconstitutional, and a violation of Section 145 (2)”.
The AAC is further asking the court for “an order of perpetual injunction” restraining Mr Tinubu from proceeding on future vacations without transmitting a written declaration to the Senate President and the Speaker.
An affidavit in support of the originating summons refers to Mr Tinubu’s August trip and the subsequent extension of his vacation.
The party said the President announced an extension of his vacation on 21 September but did not provide what it considered a cogent reason for the extension.
The AAC challenged the constitutional implications of the president’s absence, particularly regarding the requirement under section 145 which requires a written declaration and the role of the National Assembly after the president’s absence for more than 21 days.
The party also cited the senate president’s activities during the period in its affidavit, noting that Mr Akpabio had travelled to Italy and announced that he had gone to the Prayer Ground of St Padre Pio in San Giovanni Rotondo to pray for Nigeria.
READ ALSO: Atiku seeks to amend suit challenging Tinubu’s 2027 eligibility
Renewed attention to Tinubu’s foreign travels
The latest controversy has also renewed attention to the frequency of Mr Tinubu’s foreign travels.
PREMIUM TIMES reported in May last year, that Mr Tinubu made about 20 in his first year in office and 15 in his second. The report, citing data from Statisense, also found that he spent one in every four days of his first year in office outside Nigeria.
Other reports have also tracked the president’s foreign travels. A February 2026 report put his foreign trips at 47 since he assumed office in May 2023 and said he had spent about 315 days overseas.
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