By Gift ChapiOdekina, Abuja
The Save Democracy Group has called on the National Assembly to reconvene and clarify whether President Bola Ahmed Tinubu transmitted the constitutionally required written declaration to the Senate President and Speaker of the House of Representatives before embarking on his extended vacation abroad.
The group, in a statement signed on behalf of the group by former House members Rep. Awaji-Inombek Dagomie Abiante and Rep. Abubakar Yahaya. in Abuja on Wednesday, said the development had raised questions over the application of Section 145 of the 1999 Constitution, following the expiration of the President’s initially announced three-week vacation.
President Tinubu departed Nigeria on August 30 for a three-week working vacation in Europe. The Presidency subsequently announced on September 21 that he had extended his stay by a few days and was expected to return to Nigeria at the weekend.
The Presidency said Tinubu had remained in contact with officials at home and continued to direct the affairs of government while abroad. It also said Vice-President Kashim Shettima had represented the President at some official functions.
However, the Save Democracy Group said the key issue was whether the written declaration contemplated under Section 145 had been transmitted to the leadership of the National Assembly.
Section 145(1) provides that 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 Speaker of the House of Representatives, after which the Vice-President performs the functions of President as Acting President.
The same section provides that where the President is unable or fails to transmit the declaration within 21 days, the National Assembly shall, by a simple-majority resolution of each chamber, mandate the Vice-President to perform the functions of President as Acting President until the President communicates his availability to resume his duties.
The group therefore asked the Senate President and Speaker to publicly establish whether such a declaration was received.
“The constitutional question is therefore straightforward: Was the declaration required by Section 145 transmitted to the leadership of the National Assembly?” the group asked.
It added that if the declaration had been transmitted, the leadership of both chambers should “immediately make that fact clear to Nigerians.”
“If it was not transmitted, the 21-day constitutional period has elapsed and the National Assembly has a responsibility to act in accordance with Section 145(2),” it said.
The group rejected the argument that the President’s ability to communicate with officials and issue directives from abroad resolved the constitutional question.
“The question is not whether modern technology allows the President to work from another country. The question is whether the Constitution has been obeyed,” it said.
The statement also cited arrangements in Botswana, where the Vice-President has assumed presidential functions during the President’s absence from the country, arguing that temporary transfers of presidential authority could be handled through clear constitutional procedures.
The group subsequently called on Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to immediately reconvene both chambers of the National Assembly and disclose whether the President transmitted the required declaration.
It further urged the National Assembly to invoke Section 145(2), if it establishes that no declaration was transmitted within the stipulated period, and mandate Vice-President Kashim Shettima to perform the functions of President as Acting President.
The group said: “The National Assembly cannot insist that citizens obey the Constitution while treating its own express constitutional responsibilities as optional.”
It called for three measures: disclosure by the Senate President and Speaker on whether the required declaration was transmitted; immediate reconvening of both chambers to address the matter; and compliance with Section 145(2) if no declaration was transmitted within the prescribed period.
The controversy comes as Vice-President Shettima is currently in New York for the 81st United Nations General Assembly, where he is representing Nigeria and is expected to present the country’s national statement.
The Presidency said Secretary to the Government of the Federation, George Akume, would continue to represent the President at official events while Shettima is away.
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