Constitution doesn’t recognise ‘working’ vacation – ADC challenges National Assembly over Tinubu’s absence

The African Democratic Congress (ADC) has asked the National Assembly to clarify the constitutional status of President Bola Ahmed Tinubu following his prolonged absence from Nigeria.

The opposition party questioned whether the constitutional procedure for transferring presidential functions had been followed after Tinubu stayed outside the country for more than 21 days.

In a statement by its National Publicity Secretary, Bolaji Abdullahi, the ADC said Tinubu left Nigeria on August 30 and asked whether he had transmitted the required written declaration to the President of the Senate and Speaker of the House of Representatives.

The party said Tinubu had been out of the country since August 30 and demanded to know whether he had transmitted the required declaration to the National Assembly.

“The Constitution requires the President to transmit a written declaration to the Senate President and Speaker of the House of Representatives whenever he proceeds on vacation or is unable to perform the functions of his office,” ADC stated.

The Constitution further provides that if the President fails to transmit the declaration within 21 days, the National Assembly is to act by resolution of both chambers to mandate the Vice-President to perform the functions of President as Acting President.

The ADC therefore questioned whether the National Assembly had taken the required steps.

“If he did not, we would like to know why the National Assembly has ignored Section 145 of the Constitution,” the party said.

The party also rejected the description of Tinubu’s trip as a working vacation.

It argued that official representation by other government officials could not amount to a transfer of presidential powers.

It specifically questioned the role of the Secretary to the Government of the Federation, George Akume, who has represented the President at some official engagements while Tinubu and Vice-President Kashim Shettima are both outside Nigeria.

The party argued that Akume could attend official functions or deliver speeches on behalf of the President but could not exercise the constitutional powers of the President or Acting President.

The ADC also said the President’s absence could not be addressed through remote communication or official representation.

“The Constitution does not recognise any category called a ‘working vacation’ for the transfer of presidential authority. With both the President and Vice-President out of the country, questions remain over who is currently exercising the powers of the President. We, therefore, call on the National Assembly and the Presidency to explain the constitutional basis for the current arrangement,” ADC stated.