Human Rights Lawyer, Inibehe Effiong, has described the simultaneous absence of President Bola Tinubu and Vice President Kashim Shettima from Nigeria as a “brazen violation” of the 1999 Constitution.
Effiong made the assertion on Channels Television’s The Morning Brief programme on Tuesday, while discussing the constitutional implications of Tinubu’s extended stay abroad and Shettima’s trip to the United States for the 81st Session of the United Nations General Assembly.
President Tinubu has been outside Nigeria since August 30, when he travelled to London to begin a working vacation. The Presidency announced on Monday that he had extended his stay by a few days and would return to Nigeria at the weekend.
Shettima, meanwhile, left Abuja on September 20 to represent Tinubu and lead Nigeria’s delegation to the UN General Assembly in New York.
Effiong argued that Section 145 of the Constitution requires presidential authority to be formally transferred when the President proceeds on vacation or is otherwise unable to perform the functions of his office.
“Under Section 145, subsection one, under the Constitution, presidential powers are powers that are domiciled exclusively in the President, namely the powers of the Commander-in-Chief. It is not delegable,” he said.
He added that there are constitutional functions that can only be performed by the President or an Acting President.
“That is the wisdom of Section 145 in saying that at all times there has to be a substantive President or an Acting President,” Effiong said.
“Section 145(1) provides that when the President proceeds on vacation or is otherwise unable to discharge the functions of his office, he is to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives.
“Until he transmits a declaration to the contrary, the Vice President performs the functions of President as Acting President.
“The section further provides 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.”
Effiong argued that more than 21 days had elapsed since Tinubu left Nigeria without the public being shown a formal transfer of presidential authority to Shettima.
He described the situation as an “abdication” of the President’s constitutional mandate and called on the National Assembly to intervene.
“What President Tinubu has done is not only an abdication of his constitutional mandate; it is a brazen violation of the Constitution, and he should be compelled,” he said.
According to him, the National Assembly has a responsibility to address the issue and demonstrate that it is not merely a rubber stamp.
“The National Assembly now has a duty, and this is the challenge to them to prove to Nigerians that they are not a rubber stamp. They must convene this morning to pass a resolution,” he added.
The lawyer’s comments come amid growing public debate over the simultaneous absence of the President and Vice President.
The constitutional debate also drew comments from African Democratic Congress (ADC) presidential candidate Atiku Abubakar, who has questioned whether the required Section 145 procedure was followed and called for clarification over who is exercising presidential authority while both Tinubu and Shettima are outside the country.
The Presidency, however, has maintained that governance has not been disrupted.
In announcing Tinubu’s extended vacation, Special Adviser to the President on Information and Strategy, Bayo Onanuga, said the President had remained in contact with officials in Nigeria and continued to direct the affairs of government.
The Presidency also said Secretary to the Government of the Federation, George Akume, would continue to represent the President at official engagements while Shettima is in New York.
The Federal Government has separately defended Tinubu’s decision to delegate Shettima to represent him at the UN General Assembly, saying the Vice President has been given a full mandate to represent Nigeria at the gathering.
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