By Adegboyega Adeleye
Former Minister of Youth and Sports, Solomon Dalung, has accused President Bola Ahmed Tinubu of violating the Nigerian Constitution by proceeding on what the Presidency described as a “working vacation” without transmitting power to Vice President Kashim Shettima while on leave.
Dalung spoke on Daily Trust’s News Hour on Monday while reacting to Tinubu’s prolonged absence from the country.
Reacting to the development, Dalung argued that the Constitution does not recognise the term “working vacation”, insisting that the relevant provision is clear on what should happen when the President proceeds on vacation.
“The Nigerian president proceeded on vacation. It was announced that he was going to proceed on working vacation. Again, the concept, working vacation is incongruous and unknown in our Constitution.
“There is nothing called working vacation or working leave. The Constitution does not recognise that. The media or the press cannot amend the Constitution of Nigeria with a press statement.
“Where we are is whether the president has complied or has violated the Constitution and in my opinion, he has done that.”
Dalung said the issue was not whether Tinubu had continued to perform official duties from abroad, but whether the constitutional procedure for presidential absence had been followed.
“The issue here is not that the absence of the president has affected anything, it is a constitutional issue which is dealt with in Section 145 subsection 1.
“The rule is clear, when the president proceeds on a vacation. Whether it is a one day vacation, five minutes vacation, the Constitution requires that a vacuum will not exist at all.
“It is not about performance of a government function, he will have to transmit that of acting president to his vice and the requirement and expression here is ‘shall’.”
The former minister also questioned why the National Assembly had not invoked Section 145(2), which provides for action if the President fails to transmit the required declaration within 21 days.
“The conversation should be why has the president failed to comply with Section 145 subsection 1 of the Constitution and why has the National Assembly failed to comply with Section 145 subsection 2 which says that if a president fails to transmit or delegate for a period of 21 days after proceeding on leave, the National Assembly shall with a simple majority mandate the Vice President to act in that capacity.
“If the president is not proceeding on vacation, he can work anywhere in the world but the moment the president announces that he is proceeding on a leave, the Constitution requires him to transmit power.”
Tinubu departed Nigeria on August 30 for a three-week vacation in Europe, according to the Presidency. The State House later announced that he had extended the trip by a few days and would return at the weekend.
The development has triggered debate over the constitutional implications of the President’s prolonged absence. Senate President Godswill Akpabio has, however, said there was no leadership vacuum, arguing that Tinubu remained in power and continued to run the affairs of the country while away.
Reacting to the possibility of the President remaining abroad for an extended period, Dalung said Nigerians deserved clearer information about his whereabouts and activities.
“We have to depend on the state press media to give us transparent information of the president’s whereabouts and what he is doing, and must be accountable for where the president is.
“But as it is, they are economical with the truth. Nigerians need to know where their president is and what he is doing.”
He further criticised the National Assembly for not taking action under the constitutional provision.
He concluded: “So, we are living in what we call democratic anarchy with impunity as the Constitution of the Federal Republic of Nigeria.”
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