…President extends vacation
Isaac Samuel
Former Vice President and presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, has questioned the constitutional status of President Bola Ahmed Tinubu’s continued absence from Nigeria.
This followed the expiration of the 21-day period initially announced for his vacation.
Tinubu departed Nigeria on August 30 for a three-week vacation in Europe as part of his annual leave, with the Presidency saying he would combine the break with official engagements.
But, with the initial 21-day period ending, Atiku, in a statement on Monday, asked the Presidency to clarify who is exercising presidential authority in Nigeria and whether the constitutional procedure for transferring presidential functions had been followed.
Atiku stated this as the Presidency on Monday announced that Tinubu had extended his working vacation by a few days and would return to Nigeria at the weekend.
Presidential spokesman, Bayo Onanuga, said Tinubu had remained in touch with developments in Nigeria and continued to direct government affairs while abroad.
Reacting, Atiku based his argument on Section 145 of the 1999 Constitution, saying that when a President proceeds on vacation, he is required to transmit a written declaration to the President of the Senate and Speaker of the House of Representatives, after which the Vice President performs the functions of President as Acting President.
He said Nigerians had not been shown any such declaration from Tinubu concerning his absence.
Atiku said: “President Tinubu left Nigeria on 30 August. The Presidency publicly announced a three-week vacation. Yet, to date, Nigerians have not been shown any constitutional letter transmitting presidential authority to Vice President Kashim Shettima.
“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. The former Vice President further referred to Section 145(2), arguing that where the President fails to transmit the required declaration within 21 days, the National Assembly has a constitutional role to mandate the Vice President to perform the functions of President as Acting President.”
He therefore asked the National Assembly to explain why the procedure had not been activated, if no declaration was transmitted.
His comments came as Vice President Kashim Shettima was also outside the country, representing Nigeria at the 81st United Nations General Assembly in New York.
The Presidency had said Shettima was mandated by Tinubu to lead the Nigerian delegation and deliver the country’s national statement.
Atiku also asked Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to disclose whether they received any communication from Tinubu concerning the transfer of presidential authority.
“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?” he asked.
He referenced the deaths of 37 suspected illegal miners who died after being detained by the Nigeria Security and Civil Defence Corps in Minna, Niger State, as well as the rising cost of petrol in parts of the country, arguing that the situation required clear and accountable leadership.
According to the former Vice President, Nigeria cannot be governed by assumptions, adding that the country also 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.”
He cited, among other actions, the President’s directive for an independent investigation into the deaths of the 37 suspected illegal miners.
The Presidency had initially described Tinubu’s trip as a three-week vacation, with London as his first destination, before he proceeded to Paris where he held engagements including a meeting with French President Emmanuel Macron.
With Shettima now in New York, the Presidency said Secretary to the Government of the Federation, George Akume, would continue to represent the President at some official functions during the period.
Atiku, however, maintained that the Presidency should clarify whether the constitutional procedure under Section 145 had been followed.
His words: “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.
“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.
“President Tinubu’s private dinner with President Emmanuel Macron in Paris may serve diplomatic purposes. But 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.
“The Presidency should therefore tell Nigerians immediately whether President Tinubu transmitted the declaration contemplated by Section 145(1) before leaving the country.
“The President of the Senate and the Speaker of the House should equally tell Nigerians whether such a communication was received. And 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.”
