ABUJA — The African Action Congress (AAC) has instituted a lawsuit against President Bola Ahmed Tinubu at the Federal High Court in Abuja over his failure to transmit a written declaration to the National Assembly to empower Vice-President Kashim Shettima as Acting President during his ongoing vacation in Europe.
The suit—marked FHC/ABJ/CS/2353/2026 and filed on Monday, September 28, 2026, by the AAC’s National Legal Adviser, Inibehe Effiong—challenges the President’s decision to proceed on leave without invoking Section 145(1) of the 1999 Constitution (as amended).
Joined as co-defendants in the originating summons are the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN; Senate President Godswill Akpabio; Speaker of the House of Representatives Tajudeen Abbas; and the National Assembly.
Constitutional Questions & Prayers Before the Court
In a 30-paragraph supporting affidavit deposed to by AAC National Secretary Oshiokhue Philip Ikpeminoghena, the party noted that President Tinubu departed Nigeria on August 30, 2026, for a three-week working vacation in Europe and subsequently announced an extension on September 21 without providing a formal timeline or transmitting power.
The AAC, accompanied to the court premises by its 2027 presidential candidate, Omoyele Sowore, is seeking the following relief from the court:
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Violation of Section 145(1): A judicial declaration that President Tinubu’s failure or refusal to transmit a written declaration to the Senate President and Speaker of the House of Representatives before embarking on leave is unlawful and unconstitutional.
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National Assembly Breach: A declaration that the National Assembly acted in breach of Section 145(2) of the Constitution by failing to pass a mandatory resolution enabling Vice-President Shettima to assume office as Acting President after the President’s absence exceeded 21 days.
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Perpetual Injunction: An order of perpetual injunction restraining President Tinubu and any future President of the Federal Republic of Nigeria from proceeding on vacation without strictly complying with constitutional handover provisions.
Backlash & Defense Over “Working Vacation”
The lawsuit follows sharp criticism from legal practitioners, civil society organizations, and former Minister of Youth and Sports, Solomon Dalung, who argued that the term “working vacation” is unknown to Nigerian law and cannot override express constitutional provisions.
However, Senate President Godswill Akpabio and presidential aides have dismissed calls for a formal power transfer, maintaining that there is no governance vacuum in Abuja and that President Tinubu continues to discharge his duties as Commander-in-Chief remotely.
