By Danjuma Amodu
Former Vice President Atiku Abubakar has raised constitutional concerns over President Bola Ahmed Tinubu’s three-week vacation abroad, asking who is currently exercising presidential authority in Nigeria.
Atiku, in a statement issued on Sunday in Abuja, said 21 days have elapsed since President Tinubu left the country on August 30, on what the Presidency described as an annual vacation, without any public evidence of compliance with Section 145 of the 1999 Constitution.
Former Vice President Atiku Abubakar (left) has questioned who is constitutionally in charge of Nigeria 21 days after President Bola Tinubu (right) proceeded on vacation abroad
He said Section 145(1) is explicit 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 to enable the Vice President to perform the functions of President as Acting President.
According to him, Section 145(2) provides a further safeguard that where the President fails to transmit the declaration within 21 days, the National Assembly shall by simple majority of each House mandate the Vice President to act.
“The 21 days have now elapsed. If such a letter exists, the Presidency should publish it immediately. If it does not, then the constitutional mechanism contemplated by Section 145(2) has been triggered, and the National Assembly owes Nigerians an explanation as to why it has not acted,” Atiku said.
The ADC presidential candidate described the situation as disturbing and not a matter of political convenience but of constitutional order.
He noted that Vice President Kashim Shettima is himself in New York representing Nigeria at the United Nations General Assembly, the third consecutive UNGA that President Tinubu has delegated 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 stated.
He argued that the constitutional question has become more urgent given developments at home while both the President and Vice President are abroad.
“While President Tinubu has been abroad, 37 Nigerians died in NSCDC custody in Minna, an incident grave enough to trigger investigations, suspensions and demands for independent scrutiny. At the same time, petrol is selling for as much as ₦1,500 per litre in parts of the country, worsening transportation costs and squeezing families already struggling with the cost of food, electricity, rent and other necessities,” he said.
Atiku added: “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.”
He said President Tinubu’s private dinner with President Emmanuel Macron in Paris may serve diplomatic purposes, but insisted Nigeria itself cannot be placed on vacation.
“The Constitution does not recognise a ‘working vacation’ as an alternative system of presidential succession. It provides a procedure. That procedure must be obeyed,” he said.
Atiku therefore demanded that the Presidency tell Nigerians immediately whether President Tinubu transmitted the declaration contemplated by Section 145(1) before leaving the country, while the Senate President and Speaker should confirm whether such communication was received.
He also called on the National Assembly to explain why the procedure under Section 145(2) has not been activated if no declaration was transmitted.
“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,” Atiku said.
