The African Action Congress (AAC) has filed a lawsuit at the Federal High Court in Abuja challenging President Bola Tinubu’s refusal to hand over power to Vice President Kashim Shettima during his vacation to Europe.
The suit was filed on behalf of the party through an Originating Summons on Monday, 28th September 2026, by the National Legal Adviser of the AAC and Lagos-based human rights lawyer, Inibehe Effiong.
The party’s legal adviser disclosed this on his X handle on Monday.
Effiong is seeking a declaration that President Tinubu’s failure or refusal to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to enable the National Assembly to pass a resolution authorising the Vice President, Kashim Shettima, to perform the functions of the office of President as Acting President is undemocratic, unlawful and a violation of Section 145(1) of the 1999 Constitution (as amended).
The party is equally asking the court to declare that the failure of the National Assembly to pass a resolution to enable Mr Shettima to become Acting President after Tinubu’s vacation exceeded 21 days is unconstitutional.
The AAC also prayed the court to issue an order of perpetual injunction restraining President Tinubu and future Presidents from proceeding on vacation without complying with the provisions of Section 145(1) of the 1999 Constitution (as amended).
In a 30-paragraph affidavit deposed to by the National Secretary of the AAC, Mr Oshiokhue Philip Ikpeminoghena, the party said President Tinubu travelled out of the country on vacation on 30th August 2026 and announced an extension of his vacation on 21st September 2026 without offering any cogent reason.
In the affidavit, the party’s scribe said the Senate President, Senator Godswill Obot Akpabio, instead of discharging his constitutional duties, announced gleefully that he had gone to the prayer ground of St. Padre Pio in San Giovanni Rotondo, Italy, to pray for the country.
Joined as defendants in the suit marked FHC/ABJ/CS/2353/2026, alongside President Tinubu, are the Attorney-General of the Federation, Lateef Fagbemi, SAN, the Senate President, Senator Godswill Akpabio, the Speaker of the House of Representatives, Hon. Tajudeen Abbas, and the National Assembly.
The 2027 presidential candidate of the party, Omoyele Sowore, was in court to witness the filing of the suit.
No date has been fixed for the hearing of the suit.
President Bola Tinubu’s absence from the country since August 30 has entered its 30th day, reviving constitutional concerns and questions over governance optics amid rising insecurity and economic hardship.
Tinubu left Abuja for a two-week working vacation in Europe, according to the State House. On September 21, the Presidency announced an extension of the trip, with his return expected on Tuesday, September 30.
The extension came as Vice President Kashim Shettima travelled to New York on September 20 to represent Nigeria at the 81st United Nations General Assembly, leaving both leaders outside the country at the same time.
The Presidency has maintained that the President is hale and hearty and can govern from anywhere.
Senate President Godswill Akpabio has defended the President, saying “Asiwaju Tinubu is still in power, and he’s still running the affairs of Nigeria. The world is a global village, you can give instructions from the internet.”
At the heart of the debate is Section 145 of the 1999 Constitution (as amended). Section 145(1) provides: “Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice-President shall perform the functions of the President as Acting President.”
Section 145(2) provides the safeguard: “In the event that the President is unable or fails to transmit the written declaration mentioned in subsection (1) of this section within 21 days, the National Assembly shall, by a resolution made by a simple majority of the vote of each House of the National Assembly, mandate the Vice-President to perform the functions of the office of the President as Acting President.”
The history behind that provision heightens the intrigues surrounding the president’s extended vacation.
Between 2009-2010, Nigeria was thrown into a crisis as it operated for months without a formally empowered President during the illness of President Umaru Musa Yar’Adua.
The National Assembly however invoked the Doctrine of Necessity which effectively empowered then Vice President Goodluck Jonathan to function as Acting President. That crisis led to the strengthening of Section 145.
