The African Action Congress has sued President Bola Tinubu and the National Assembly over the President’s prolonged absence from Nigeria and alleged failure to transfer presidential powers to Vice President Kashim Shettima.
The suit was filed Monday at the Federal High Court in Abuja by AAC National Legal Adviser Inibehe Effiong.
The party also joined Attorney-General of the Federation Lateef Fagbemi, Senate President Godswill Akpabio and House Speaker Tajudeen Abbas as defendants.
The AAC said Tinubu left Nigeria on the 30th of August for a working vacation in Europe and later extended his stay.
It is asking the court to declare that he breached Section 145(1) of the 1999 Constitution by failing to transmit a written declaration to the Senate president and House speaker.
The party said the president is “mandated to compulsorily transmit a written declaration” before proceeding on vacation, adding that the alleged failure “is undemocratic and a gross violation of the Constitution.”
It also wants the court to declare that the National Assembly breached Section 145(2) by failing to pass a resolution authorising Shettima to act as president after Tinubu’s absence exceeded 21 days.
The AAC is seeking “an order of perpetual injunction” preventing Tinubu and future presidents from going on vacation without complying with the constitutional requirement.
The suit asks the court to determine whether Section 145 allows the president to proceed on vacation without transmitting the required declaration. No hearing date has been fixed.
The Presidency has maintained that Tinubu can continue to govern from abroad, saying his constitutional powers are not limited by his physical location.
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