The presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, has questioned the continued absence of President Bola Tinubu from Nigeria, 22 days after the Presidency announced that the President was embarking on a three-week annual vacation.
In a statement issued on Monday and titled, “Who is in charge of Nigeria?”, the former Vice President cited Section 145 of the Constitution, which provides for the transfer of presidential functions when the President proceeds on vacation.
According to Atiku, the Constitution requires the President to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives, after which the Vice President performs the functions of the President as Acting President.
He argued that more than 21 days after Tinubu left the country on August 30, Nigerians had not been shown any letter transmitting presidential authority to Vice President Kashim Shettima.
“Section 145 of the Constitution is not ambiguous about presidential vacations. It provides that whenever the President proceeds on vacation, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives, whereupon the Vice President performs the functions of President as Acting President.
“And where the President fails to transmit that declaration within 21 days, the Constitution provides a further safeguard: the National Assembly shall, by a simple majority of each House, mandate the Vice President to perform the functions of President as Acting President.
“President Tinubu left Nigeria on 30 August. The Presidency publicly announced a three-week vacation. Yet, to date, Nigerians have not been shown any constitutional letter transmitting presidential authority to Vice President Kashim Shettima,” he said.
Atiku called on the Presidency to publish the letter transmitting presidential authority to Shettima if such a document exists.
He said that if no such letter was transmitted, the constitutional mechanism contemplated by Section 145(2) would have been triggered, adding that the National Assembly would then owe Nigerians an explanation as to why it had not acted.
The ADC presidential candidate described the issue as one of “constitutional order” rather than political convenience.
He also pointed to the fact that Shettima is currently in New York representing Nigeria at the United Nations General Assembly, describing it as the third consecutive UN General Assembly at which Tinubu has delegated Nigeria’s representation to his deputy.
“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?
“Nigeria cannot be governed by assumptions. It cannot be governed by presidential social-media posts from Europe.
“It cannot be governed by photographs from private dinners at the Élysée Palace.
“It cannot be governed on autopilot.”
Atiku also cited other developments during Tinubu’s absence, including the deaths of 37 Nigerians in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Minna, which he said had led to investigations, suspensions and calls for independent scrutiny.
He further said petrol was selling for as much as ₦1,500 per litre in parts of the country, arguing that this was worsening transportation costs and adding pressure on families already dealing with the cost of food, electricity, rent and other necessities.
“These are not ordinary times. Yet the President is abroad. The Vice President is abroad. The Senate President is abroad.
“And Nigerians have not been told, in the clear constitutional language required of a serious democracy, who is exercising the powers of the President.
“President Tinubu’s private dinner with President Emmanuel Macron in Paris may serve diplomatic purposes. But Nigeria itself cannot be placed on vacation.”
According to Atiku, the Constitution does not recognise a “working vacation” as an alternative system of presidential succession, insisting that the procedure provided by the Constitution must be followed.
He called on the Presidency to immediately clarify whether Tinubu transmitted the declaration contemplated by Section 145(1) before leaving Nigeria.
Atiku also asked the President of the Senate and the Speaker of the House of Representatives to state whether such a communication was received.
“And if no declaration was transmitted within the constitutionally stipulated period, the National Assembly must explain why the procedure provided by Section 145(2) has not been activated.
“Nigeria is bigger than any President. At a time of severe economic hardship, rising energy costs, security challenges and the shocking deaths of citizens in government custody, the country deserves visible, accountable and constitutionally grounded leadership.
“The question will not disappear: Who, constitutionally, is in charge of Nigeria?”
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