African Action Congress sues Tinubu, National Assembly in Abuja over vacation power transfer

The African Action Congress has taken President Bola Tinubu before the Federal High Court in Abuja, alleging that he did not formally hand over presidential authority to Vice-President Kashim Shettima while he spent an extended period on vacation in Europe. The suit, numbered FHC/ABJ/CS/2353/2026 in several reports of the originating summons, was filed on Monday by Inibehe Effiong, the party's National Legal Adviser. Some reports, however, give the case number as FHC/ABJ/CS/2358/2026. Those listed as defendants are Tinubu; Lateef Fagbemi, the Attorney-General of the Federation and Minister of Justice; Senate President Godswill Akpabio; House of Representatives Speaker Tajudeen Abbas; and the National Assembly, all sued in their official roles. The opposition party is asking the court to decide whether a president may leave for vacation without submitting a written declaration to the Senate President and the House Speaker as required by Section 145(1) of the 1999 Constitution. According to the AAC, Tinubu departed for Europe on August 30, 2026, and stayed away until September 28 without delivering such a declaration. The party wants the court to determine whether that omission was unconstitutional and amounted to a breach of his oath of office. The AAC is also questioning the National Assembly's failure to approve a resolution that would have allowed Shettima to carry out presidential duties once Tinubu's absence went beyond 21 days. It wants the court to rule on whether that failure ran contrary to the National Assembly's obligation under Section 145(2) of the Constitution. Among the remedies sought is a declaration that a president must send a written declaration to the Senate President and House Speaker before going on vacation. The party is further seeking a perpetual injunction preventing Tinubu from taking future vacations, either inside or outside Nigeria, unless he first transmits the required declaration. Tinubu left Nigeria on August 30 for Europe on what the presidency called a working vacation. The AAC's suit turns on whether his time away required the formal transfer of presidential functions to Shettima under Section 145, and whether the National Assembly was constitutionally required to step in after 21 days. The presidency has said Tinubu continued to oversee government business and stayed in contact with officials during his trip. The Federal High Court has not issued a ruling on the AAC's claims, and the party's assertions that Tinubu and the National Assembly breached the Constitution remain allegations for the court to decide.