The African Action Congress, AAC, has dragged President Bola Tinubu and the National Assembly before the Federal High Court in Abuja over the constitutional procedure for transferring presidential powers during the President’s extended absence from the country.
The party, through its National Legal Adviser, Inibehe Effiong, filed the suit on Monday by way of an Originating Summons, asking the court to determine whether Tinubu complied with Section 145(1) of the 1999 Constitution, as amended.
The AAC is seeking a declaration that the alleged failure of the President to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives was unconstitutional.
The party is also asking the court to determine whether the National Assembly was required to pass a resolution authorising Vice-President Kashim Shettima to perform the functions of President after Tinubu’s absence exceeded 21 days.
The AAC further seeks a perpetual injunction restraining Tinubu and future presidents from proceeding on vacation without complying with the constitutional provisions governing the transfer of presidential functions.
The party’s position was contained in a 30-paragraph affidavit deposed to by its National Secretary, Oshiokhue Philip Ikpeminoghena.
According to the affidavit, Tinubu travelled out of Nigeria on August 30, 2026, for a vacation and announced an extension on September 21.
The AAC questioned the circumstances surrounding the extension and argued that the constitutional process for transferring presidential functions should have been followed.
Joined as defendants in the suit, marked FHC/ABJ/CS/2353/2026, are the Attorney-General of the Federation, Lateef Fagbemi, SAN; Senate President Godswill Akpabio; Speaker of the House of Representatives, Tajudeen Abbas; and the National Assembly.
The case seeks judicial interpretation of the constitutional responsibilities of the President and the National Assembly when the President is away from the country for an extended period.
AAC’s 2027 presidential candidate, Omoyele Sowore, was present at the Federal High Court during the filing of the suit.
No date has been fixed for hearing.
The court will consequently be asked to determine the legal obligations arising from Section 145(1) of the Constitution in relation to an extended presidential absence.
