Former Vice-President and presidential candidate of the African Democratic Congress (ADC), Alhaji Atiku Abubakar, has questioned who is constitutionally leading Nigeria following the expiration of President Bola Tinubu’s 21-day vacation.
Tinubu left Nigeria on August 30 for what the Presidency described as a three-week annual vacation in France. Vice-President Kashim Shettima is also in the United States, where he is leading Nigeria’s delegation to the 81st United Nations General Assembly (UNGA).
In a statement released on his official social media handles on Monday, September 21, Atiku argued that Nigeria could not be governed from Europe and urged the Presidency and National Assembly leadership to respect constitutional succession procedures.
Atiku cited Section 145 of the Constitution, which provides that when the President proceeds on vacation, he is to transmit a written declaration to the President of the Senate and Speaker of the House of Representatives, allowing the Vice-President to perform the functions of President as Acting President.
He said that if the President failed to transmit the declaration within 21 days, the Constitution provides that the National Assembly shall, by a simple majority of each House, mandate the Vice-President to perform the functions of President as Acting President.
“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. This is not a matter of political convenience. It is a matter of constitutional order.”
Atiku said the situation was more concerning because Shettima was in New York representing Nigeria at the UNGA, adding that it was the third consecutive UNGA at which Tinubu had delegated representation to his deputy.
“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?” he asked.
He said Nigeria could not be governed by assumptions, social media posts from Europe, photographs from private dinners at the Élysée Palace or on autopilot.
Atiku also referred to the reported deaths of 37 Nigerians in NSCDC custody in Minna, which triggered investigations and suspensions, as well as rising petrol prices in parts of the country.
“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.
Atiku said Tinubu’s private dinner with French President Emmanuel Macron in Paris might serve diplomatic purposes, but Nigeria itself could not be placed on vacation.
He asked the Presidency to clarify whether Tinubu transmitted the declaration contemplated by Section 145(1) before leaving the country and whether the President of the Senate and Speaker of the House of Representatives were aware of the transmission.
“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,” he said.
