Sowore Challenges Tinubu’s Extended Stay Abroad, Demands NASS Activate Section 145

The 21-day period initially announced for President Bola Tinubu’s vacation has triggered a fresh constitutional debate, with African Action Congress (AAC) presidential candidate Omoyele Sowore calling on the National Assembly to invoke Section 145(2) of the 1999 Constitution.

Sowore wants lawmakers to mandate Vice-President Kashim Shettima to perform the functions of President in an acting capacity if Tinubu has not transmitted the declaration required by the Constitution.

Tinubu left Nigeria on August 30 for what the Presidency described as a three-week working vacation. On September 21, the Presidency announced that he had extended his stay abroad by a few days and was expected back in Nigeria at the weekend. It also said the President had remained in contact with officials at home and continued directing government affairs during his absence.

Sowore, however, has questioned whether the constitutional procedure governing a president’s absence has been followed.

Section 145(1) provides that whenever the President proceeds on vacation or is otherwise unable to discharge the functions of his office, he is to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives. Section 145(2) further provides that if such a declaration is not transmitted within 21 days, the National Assembly shall, through a simple majority in each chamber, mandate the Vice-President to perform the functions of President as Acting President.

Sowore said he was not aware of any public confirmation that such a declaration had been transmitted to Senate President Godswill Akpabio and House Speaker Tajudeen Abbas.

He consequently challenged both presiding officers to clarify whether they had received the document contemplated under Section 145.

Advertisement

The AAC candidate also disputed the Presidency’s description of Tinubu’s absence as a “working vacation”, arguing that the Constitution does not create a separate category for such an arrangement.

The Presidency, meanwhile, has maintained that Tinubu has continued to direct the affairs of government while abroad. It said the President had delegated Shettima to represent him at some official engagements, including the 81st United Nations General Assembly in New York.

Shettima left Nigeria on September 20 for the UN General Assembly, while the Presidency said Secretary to the Government of the Federation, George Akume, would continue representing Tinubu at some official functions.

The constitutional question has also attracted comments from other political actors. Former Vice-President Atiku Abubakar separately questioned who was exercising presidential authority after the expiration of the initially announced 21-day period, while the African Democratic Congress also called for clarification over compliance with Section 145.

Sowore maintains that the central issue is not simply how long Tinubu remains outside Nigeria, but whether the constitutional procedure for presidential absence has been complied with.

The Presidency has said Tinubu is expected to return to Nigeria by the weekend.