Vacation: AAC sues Tinubu, Atiku pledges accessible Presidency

The African Action Congress has sued President Bola Tinubu over his month-long vacation in Europe, accusing him of violating the Constitution by failing to notify the National Assembly before leaving the country.

The party, in a suit filed at the Federal High Court in Abuja, also challenged the alleged failure of the National Assembly to authorise Vice President Kashim Shettima to act as President after Tinubu’s absence exceeded 21 days.

The suit came as a member of the House of Representatives, Wale Ahmed, defended Tinubu’s extended stay abroad, saying the President had continued to discharge his responsibilities despite being outside the country.

The African Democratic Congress Presidential Campaign Council, however, pledged that its candidate, Atiku Abubakar, would run an accessible and responsive presidency if elected in 2027.

Tinubu began his 21-day working leave on August 30, as he was expected back in the country on September 21.

He, however, tarried, with a statement from the Presidency that the President would return at the weekend.

On Sunday, another statement declared the President hale and hearty, adding that he would return to the country on Tuesday ahead of the October 1 Independence anniversary.

But the AAC dragged the President, the National Assembly and the Attorney General of the Federation before the Federal High Court in Abuja over the President’s alleged failure to notify the National Assembly before embarking on a month-long vacation in Europe.

The party, in an originating summons filed on Monday, asked the court to declare that Tinubu breached Section 145(1) of the 1999 Constitution by leaving Nigeria without transmitting a written declaration to the President of the Senate and the Speaker of the House of Representatives.

The suit, marked FHC/ABJ/CS/2358/2026, listed Tinubu, the AGF, the Senate President, the Speaker of the House of Representatives and the National Assembly as defendants.

The AAC, whose address was given as House TD7, Global Estate, Apo Primary, Abuja, claimed that Tinubu left Nigeria for Europe on August 30, 2026, and remained there as of the date the suit was filed.

It is seeking a declaration that, by “the express provisions of Section 145 (1)” of the Constitution, the President is “mandated to compulsorily transmit a written declaration” to the Senate President and the Speaker “before proceeding on vacation for any number of days.”

The party also wants the court to declare that the alleged failure to transmit the declaration before the trip “is undemocratic and a gross violation of the Constitution.”

The AAC further challenged the National Assembly’s alleged failure to convene and pass a resolution authorising the Vice President to act as President after Tinubu had spent more than 21 days on vacation.

It asked the court to hold that the alleged failure by the National Assembly to act was “unlawful, unconstitutional and a violation of the mandatory duty imposed on the National Assembly under Section 145 (2)” of the Constitution.

The party is also seeking “an order of perpetual injunction” restraining Tinubu from embarking on any future vacation, whether within or outside Nigeria, without first transmitting the required written declaration to the Senate President and the Speaker.

The suit asks the court to determine, among other questions, whether a “purposive and dispassionate interpretation” of Section 145(1) permits the President to proceed on vacation without transmitting a written declaration to the National Assembly.

The AAC filed the case pursuant to Order 3 Rule 9 of the Federal High Court (Civil Procedure) Rules, 2019, and Sections 6 and 145 of the Constitution.

The originating summons directs the defendants to enter an appearance within 30 days of service, warning that failure to do so could lead to such orders and proceedings as the court may consider just and expedient.

The suit was filed by Inibehe Effiong of Inibehe Effiong Chambers, counsel for the AAC.

No date has been fixed for hearing.

The ADC Presidential Campaign Council, however, assured Nigerians that Atiku would run a physically present and responsive presidency if elected in the 2027 general elections.

The council said Atiku would not be an “absentee president” and pledged that his government would remain accessible and responsive to Nigerians, particularly during periods of national crisis.

The Director of Media and Publicity of the Council, Kola Ologbondiyan, gave the assurance on Monday in Abuja while receiving the leadership of the Atiku Unity Movement, led by its leader, Francis Eburuwe.

Ologbondiyan said the country required a president who would be available to take timely decisions on matters affecting the economy, security and welfare of citizens.

“The country needs a president who understands the challenges confronting Nigerians and is physically available to respond to the demands of governance.

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“Nigeria cannot afford a situation in which there is uncertainty over who is effectively directing the affairs of government at critical moments. The country requires firm and focused leadership,” he said.

Ologbondiyan said Atiku had demonstrated an understanding of the country’s economic and social challenges and had consistently presented policy proposals aimed at addressing them.

He recalled Atiku’s position during the 2023 presidential campaign that the removal of petrol subsidy should be implemented gradually rather than through an abrupt withdrawal that could intensify economic pressure on households.

The ADC spokesman said the economic difficulties experienced by Nigerians in recent years had reinforced the need for a presidency that was accessible, responsive and capable of taking decisions promptly.

He said Atiku’s economic agenda would focus on addressing rising living costs, improving citizens’ welfare and restoring confidence in public institutions.

Ologbondiyan also pointed to Atiku’s recent proposal for a production-based intervention in the pricing of petroleum products refined in Nigeria.

According to Ologbondiyan, the proposal reflected the ADC candidate’s broader emphasis on measures designed to reduce the pressure of energy costs on households and businesses while maintaining transparency in public expenditure.

Earlier, the leader of the Atiku Unity Movement delegation, Eburuwe, said the group was committed to mobilising support for Atiku ahead of the 2027 elections.

Eburuwe said the movement would take the former vice president’s message to communities across the country and mobilise Nigerians around what he described as the need for a change in the country’s political direction.

A member representing Agege Federal Constituency in the House of Representatives, Dr Ahmed defended Tinubu’s extended stay abroad, saying his absence from Nigeria did not amount to an abandonment of governance or constitutional responsibilities.

Ahmed, in a statement on Monday, said the controversy surrounding Tinubu’s working vacation had been unnecessarily politicised, urging critics to distinguish between legitimate scrutiny and political rhetoric.

“The President is entitled to his annual leave. What Nigerians should be concerned about is whether government is functioning and presidential responsibilities are being discharged,” Ahmed said.

The lawmaker noted that Tinubu’s activities in France included official and investment-related engagements, citing meetings with French President Emmanuel Macron and businessman Vincent Bolloré.

He said the engagements coincided with the signing of agreements involving the Ogun State Government and DP World for the proposed Gateway Deep Seaport and Blue Marine Special Economic Zone, with investments reportedly valued at more than $7 billion.

According to Ahmed, the President’s engagements in France demonstrated continued efforts to attract investment and strengthen Nigeria’s international economic relationships.

“Here is a President who, while on vacation, is still engaging investors and international leaders on opportunities that can benefit Nigeria. That is not abandonment of duty,” he said.

Tinubu also attended a private dinner hosted by Macron at the Élysée Palace as part of engagements focused on strengthening Nigeria-France relations.

Ahmed argued that presidential responsibilities could continue even when the President was temporarily outside the country.

“Being outside Nigeria does not mean being outside government. The President can receive briefings, issue directives and take decisions from anywhere,” he said.

The lawmaker also defended Tinubu’s decision not to personally attend the 81st United Nations General Assembly in New York, noting that Vice President Shettima was assigned to represent the President and deliver Nigeria’s national statement.

“The Vice President is not a ceremonial official. He is constitutionally positioned to assist the President in discharging executive responsibilities,” Ahmed said.

He added that the Secretary to the Government of the Federation, George Akume, had also represented the President at official engagements.

Ahmed said Tinubu remained engaged with developments in Nigeria, citing the President’s directive for an independent investigation into the deaths of 37 suspected illegal miners detained in Niger State.

“If the President is receiving reports, issuing directives and taking decisions on matters affecting Nigerians, it is difficult to sustain the argument that he has abandoned governance,” he said.

He maintained that government effectiveness should be assessed through decisions, policies and outcomes rather than the President’s temporary physical location.