Former Vice-President and African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, has asked the Presidency and the National Assembly to clarify who is constitutionally exercising presidential authority following the expiration of the 21-day period announced for President Bola Tinubu’s annual vacation.
Atiku raised the issue in a statement issued on Monday, September 21, saying Tinubu left Nigeria on August 30 for what the Presidency described as a three-week vacation. He cited Section 145 of the 1999 Constitution, which provides for the transfer of presidential functions when the President is on vacation or otherwise unable to perform his duties.
According to Atiku, the Constitution requires the President to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives when proceeding on vacation. The Vice-President then performs the functions of President as Acting President under the provision.
Atiku said Nigerians had not been shown any such declaration transferring presidential authority to Vice-President Kashim Shettima since Tinubu left the country.
“Section 145 of the Constitution is not ambiguous about presidential vacations. It provides that whenever the President proceeds on vacation, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives, whereupon the Vice President performs the functions of President as Acting President.
“And where the President fails to transmit that declaration within 21 days, the Constitution provides a further safeguard: the National Assembly shall, by a simple majority of each House, mandate the Vice President to perform the functions of President as Acting President.”
He added that the Presidency should make the document public if the required declaration was transmitted before Tinubu’s departure.
“President Tinubu left Nigeria on 30 August. The Presidency publicly announced a three-week vacation. Yet, to date, Nigerians have not been shown any constitutional letter transmitting presidential authority to Vice President Kashim Shettima,” he said.
Atiku argued that if no declaration was transmitted within the constitutionally prescribed period, the procedure under Section 145(2) would become relevant and the National Assembly would need to explain its position. The constitutional provision states that where 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.
He described the matter as one concerning constitutional procedure rather than political convenience and questioned who was currently exercising presidential authority.
“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?
“Nigeria cannot be governed by assumptions. It cannot be governed by presidential social-media posts from Europe.
“It cannot be governed by photographs from private dinners at the Élysée Palace.
“It cannot be governed on autopilot.”
Atiku also pointed to the fact that Shettima is currently in New York representing Nigeria at the United Nations General Assembly, saying the situation raises further questions about the exercise of presidential functions.
He linked his concerns to other developments in the country during Tinubu’s absence, including the deaths of 37 suspected illegal miners in NSCDC custody in Minna, Niger State, which have prompted investigations and the suspension of officials.
He also referred to reports of petrol selling for as much as ₦1,500 per litre in some parts of the country, arguing that higher fuel costs were adding to transportation expenses and household financial pressures.
“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.”
Atiku further said the President’s diplomatic activities abroad did not remove the need for clarity on the constitutional arrangements governing his absence.
“President Tinubu’s private dinner with President Emmanuel Macron in Paris may serve diplomatic purposes. But Nigeria itself cannot be placed on vacation.”
He called on the Presidency to state whether Tinubu transmitted the declaration required under Section 145(1), while also asking the Senate President and Speaker of the House of Representatives to confirm whether they received such a communication.
“And 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.”
Atiku concluded by saying Nigerians deserved clarity over the constitutional exercise of presidential authority, particularly amid economic and security challenges.
“Nigeria is bigger than any President. At a time of severe economic hardship, rising energy costs, security challenges and the shocking deaths of citizens in government custody, the country deserves visible, accountable and constitutionally grounded leadership.
“The question will not disappear: Who, constitutionally, is in charge of Nigeria?”
The Presidency has previously described Tinubu’s trip as a three-week annual vacation, while Atiku’s statement specifically questions whether the constitutional procedure for transferring presidential functions was followed.
