Former Vice President and African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, has questioned who is constitutionally exercising presidential authority in Nigeria following the expiration of the 21-day period announced for President Bola Tinubu’s vacation.
Tinubu left Nigeria on August 30 for what the Presidency described as a three-week working vacation in Europe. The Presidency announced on September 21 that he had extended the vacation by a few days and would return to Nigeria at the weekend.
Meanwhile, Vice President Kashim Shettima is in New York leading Nigeria’s delegation to the 81st United Nations General Assembly.
In a statement issued on Monday, September 21, Atiku cited Section 145 of the 1999 Constitution, which provides for the transfer of presidential functions when the President proceeds on vacation or is otherwise unable to perform his duties.
According to the provision, the President is required 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 as Acting President. If the President fails to transmit the declaration within 21 days, the National Assembly may, by a simple majority in each chamber, mandate the Vice President to perform the functions of President as Acting President.
Atiku said Nigerians had not been shown any declaration transferring presidential authority to Shettima.
He said:
“The 21 days have now elapsed. If such a letter exists, the Presidency should publish it immediately. If it does not, then the constitutional mechanism contemplated by Section 145(2) has been triggered, and the National Assembly owes Nigerians an explanation as to why it has not acted. This is not a matter of political convenience. It is a matter of constitutional order.”
Atiku also pointed to Shettima’s presence in New York for the UN General Assembly, noting that the Vice President is representing Tinubu at the event for the third consecutive year.
“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?” he asked.
He argued that Nigeria could not be governed by assumptions or informal indications of presidential activity while Tinubu remains abroad.
Atiku also cited domestic developments during Tinubu’s absence, including the deaths of 37 Nigerians in NSCDC custody in Minna, which led to investigations and suspensions, as well as rising petrol prices in parts of the country.
“These are not ordinary times. Yet the President is abroad. The Vice President is abroad. The Senate President is abroad. And Nigerians have not been told, in the clear constitutional language required of a serious democracy, who is exercising the powers of the President,” he said.
Atiku acknowledged that Tinubu’s meeting with French President Emmanuel Macron could serve diplomatic purposes but argued that the country’s governance responsibilities could not be suspended while the President was abroad.
He called on the Presidency to clarify whether Tinubu transmitted the declaration required under Section 145(1) before leaving Nigeria and urged the President of the Senate and the Speaker of the House of Representatives to state whether they received such a communication.
“If no declaration was transmitted within the constitutionally stipulated period, the National Assembly must explain why the procedure provided by Section 145(2) has not been activated,” he said.
The Presidency, however, has said Tinubu has remained in touch with officials in Nigeria and continued to direct government affairs while away. It also announced that he had extended his working vacation by a few days and would return at the weekend.
