Section 145: AAC Drags Tinubu to Court Over Failure to Hand Over Power to Shettima

The African Action Congress (AAC) has launched a legal battle against President Bola Tinubu at a Federal High Court in Abuja, challenging his refusal to officially hand over power to Vice-President Kashim Shettima during his month-long vacation in Europe.

The opposition party is seeking a judicial determination on whether the President can legally embark on a foreign vacation without transmitting a written declaration to the leadership of the National Assembly, as mandated by the 1999 Constitution.

According to the suit, President Tinubu departed Nigeria for Europe on August 30, 2026, and remained away until September 28, 2026, without handing over the reins of power.

The plaintiff is contending that the president’s prolonged absence without an official transmission of authority is unconstitutional, unlawful, undemocratic, and a violation of the oath of office.

Furthermore, the suit calls out the National Assembly for failing to intervene after the president’s absence crossed the 21-day threshold. The AAC wants the court to declare that the federal lawmakers violated Section 145(2) of the Constitution by failing to pass a resolution empowering Vice-President Shettima to act as president.

The plaintiff is seeking declaratory and injunctive reliefs, including a pronouncement for the President to comply with the provisions of Section 145.

Section 145(1) provides that whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he must transmit a written declaration to the Senate President and the Speaker of the House of Representatives.

Until he transmits a contrary declaration, the Vice-President steps in as Acting President.

The provision comes with a clause that where the President fails to transmit such a letter within 21 days of being absent, the National Assembly must pass a resolution by a simple majority allowing the Vice-President to immediately assume office as Acting President until the President returns.

Joined to the lawsuits are the Attorney-General of the Federation and Minister of Justice, Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abbas, and the National Assembly.