Reported by Simon Daniel Yusuph l Journalist at Weng Global
The African Democratic Congress (ADC) has questioned who is exercising presidential authority in Nigeria after President Bola Ahmed Tinubu extended his stay abroad while Vice President Kashim Shettima travelled to the United States to represent him at the 81st United Nations General Assembly.
The development has triggered a fresh political and constitutional debate over the exercise of presidential powers while both the President and Vice President are outside Nigeria.
Tinubu left Nigeria on August 30 for what the Presidency described as a working vacation. He initially travelled to London before moving to Paris, where he held engagements including meetings with French President Emmanuel Macron and businessman Vincent Bolloré.
On September 21, the Presidency announced that Tinubu had extended his working vacation by a few days and would return to Nigeria at the weekend. It said the President had remained in contact with officials at home and continued to direct government affairs while abroad.
ADC Raises Constitutional Questions
The ADC, through its National Publicity Secretary, Bolaji Abdullahi, questioned the constitutional basis for the current arrangement.
Speaking on Channels Television’s Politics Today, Abdullahi asked whether Secretary to the Government of the Federation, George Akume, had effectively assumed presidential responsibilities while Tinubu and Shettima were both outside the country.
He also questioned whether the National Assembly should reconvene to address the matter.
Abdullahi described the situation as a constitutional issue and argued that the Constitution does not create an arrangement under which the President can simply relocate abroad for an extended vacation without addressing the question of presidential authority.
The ADC’s position comes amid wider questions from opposition figures over whether Tinubu transmitted a formal declaration to the leadership of the National Assembly concerning his absence.
What Section 145 Says
The debate centres largely on Section 145 of Nigeria’s 1999 Constitution, as amended.
The provision states that when the President is proceeding 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.
Under the provision, the Vice President performs the functions of the President as Acting President until the President transmits a written declaration to the contrary.
Section 145(2) further provides that if the President is unable or fails to transmit the declaration within 21 days, the National Assembly may, by a resolution supported by a simple majority in each chamber, mandate the Vice President to perform the functions of the office as Acting President.
The constitutional provision has previously been applied during presidential absences. In 2017, for example, President Muhammadu Buhari formally notified the National Assembly of his vacation and stated that Vice President Yemi Osinbajo would perform his duties while he was away.
However, legal interpretations of Section 145 have differed over the precise implications of a President being physically outside the country while continuing to perform presidential functions.
Presidency Says Tinubu Is Still Running Government
The Presidency has rejected the suggestion that Nigeria is without presidential leadership.
In its September 21 statement announcing the extension of Tinubu’s working vacation, the Presidency said the President had continued to direct government affairs from abroad.
It cited his decision to order an independent panel to investigate the deaths of 37 suspected illegal miners in Minna following their detention by the Nigeria Security and Civil Defence Corps as one example of his continued involvement in governance.
The Presidency also said that Shettima had been delegated to represent Tinubu at official functions during the President’s absence.
With Shettima now in New York for the United Nations General Assembly, the Presidency said SGF George Akume would continue representing the President at some official events.
The government has therefore maintained that Tinubu remains in charge of the administration despite being outside Nigeria.
Shettima Represents Nigeria at UNGA
Shettima left Abuja on September 20 for New York after Tinubu mandated him to lead Nigeria’s delegation to the 81st session of the United Nations General Assembly.
The delegation includes Rivers State Governor Siminalayi Fubara, Zamfara State Governor Dauda Lawal, ministers and other senior government officials.
Shettima is expected to deliver Nigeria’s national statement and participate in high-level engagements during the General Assembly.
The Vice President subsequently arrived in New York and said Nigeria’s engagements at the global gathering would be guided by national interest and the country’s commitment to multilateralism.
Presidency Defends Tinubu’s Authority Abroad
The constitutional debate has also drawn a response from Daniel Bwala, Special Adviser to the President on Policy Communication.
Bwala argued that the President’s constitutional powers are not restricted by geography and that Tinubu can continue to exercise presidential responsibilities while outside Nigeria.
The position contrasts with the concerns raised by ADC officials, who are asking whether a formal constitutional mechanism for the transfer of presidential functions was activated.
The competing positions mean the central issue is not simply whether Tinubu is physically in Nigeria, but what constitutional arrangement governs the exercise of presidential functions during his absence.
A Debate Over Presidential Authority
Nigeria has previously faced political and constitutional controversies over presidential absences.
The current dispute differs from situations in which a President formally transferred functions to the Vice President through a written declaration. It also raises questions about how Section 145 should operate when the President says he remains capable of directing government from outside the country.
A legal analysis of the provision notes that Section 145 specifically addresses a President proceeding on vacation or otherwise being unable to discharge the functions of office. The wording has consequently remained a subject of legal and political interpretation.
For the ADC, however, the issue is whether the constitutional procedure has been followed and whether Nigerians should be informed of the formal status of presidential authority.
The Presidency, meanwhile, maintains that governance has continued and that Tinubu has remained engaged with affairs of state.
What Happens Next
Tinubu is expected to return to Nigeria at the weekend following the extension of his working vacation, according to the Presidency.
Until his return, the political debate is likely to remain focused on the interpretation and application of Section 145, particularly whether a formal written declaration was transmitted to the National Assembly and what effect such a declaration would have on the Vice President’s constitutional status.
The issue could also attract further attention from lawmakers, constitutional lawyers and political parties as the National Assembly resumes its legislative activities.
For Nigerians, the immediate significance lies in understanding who constitutionally exercises presidential functions at any given time and whether the procedures established by the Constitution have been followed.
The disagreement between the ADC and the Presidency therefore remains a question of constitutional interpretation and documented procedure rather than simply the physical location of Nigeria’s political leaders.
Weng Global – stories beyond borders
Sources
- The State House, Abuja
- Channels Television
- Premium Times
- The Constitution of the Federal Republic of Nigeria, Section 145
- National Assembly of Nigeria
