The African Democratic Congress (ADC) has raised concerns over the continued absence of President Bola Ahmed Tinubu and Vice-President Kashim Shettima from Nigeria, describing the situation as a possible disregard for constitutional provisions.
The opposition party said the President’s failure to formally transmit power to the Vice-President, if no such declaration was made before leaving the country, raises questions about compliance with Section 145 of the 1999 Constitution.
In a statement issued by its National Publicity Secretary, Mallam Bolaji Abdullahi, the ADC said the Constitution requires the President to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives when proceeding on vacation for up to 21 days, allowing the Vice-President to assume the role of Acting President.
“President Tinubu left Nigeria on 30 August and has now been away for more than 21 days. We therefore demand to know whether the required declaration was transmitted by the President. If he did not, we would like to know why the National Assembly has ignored Section 145 of the Constitution,” the party said.
The ADC rejected the explanation from the Presidency that President Tinubu was on a “working vacation”, insisting that such description does not remove the constitutional requirement for a formal transfer of authority.
The party also faulted the suggestion that the Secretary to the Government of the Federation (SGF), Senator George Akume, could represent the President at official engagements during his absence.
According to the ADC, attending official events or delivering speeches on behalf of the President does not give the SGF the constitutional powers of the President or Acting President.
“Representation is not governance. Attendance at official functions is not presidential authority. Nigeria cannot be governed through ceremonial proxies, telephone calls and press statements issued from foreign capitals,” the party said.
The opposition party argued that there is no constitutional provision recognising a “working vacation”, adding that presidential authority cannot be transferred through convenience or public statements.
“There is no constitutional category known as a ‘working vacation’. Presidential authority cannot be transferred by convenience, protocol or press statement. Nigeria is a constitutional democracy, not a private enterprise to be managed remotely from a holiday destination,” the ADC said.
The party further expressed concern that both the President and Vice-President were outside the country at a time Nigerians were facing security challenges, unemployment and rising cost of living.
The ADC also criticised President Tinubu’s stay in Paris while French President Emmanuel Macron was attending the United Nations General Assembly in New York, describing the situation as a “national disgrace”.
“The irony would be amusing if it were not a national disgrace. At a time when world leaders are advancing their countries’ interests at the United Nations General Assembly, Nigeria’s President is holed up in the French capital while his host has left to pursue his own country’s national interest,” the party said.
The ADC said Nigerians deserved clarity on who currently exercises the constitutional powers of the President.
The party asked the Presidency and the National Assembly to provide a direct answer to the question: “Who presently exercises the constitutional powers of the President of the Federal Republic of Nigeria, and under what provision of the Constitution?”