In a suit was filed on Monday September 28, the African Action Congress (AAC) has dragged President Bola Tinubu, the Attorney General of the Federation and other senior government officials before the Federal High Court in Abuja over the President’s failure to transmit power to Vice President Kashim Shettima during his prolonged vacation outside Nigeria.
The suit challenges what the AAC described as President Tinubu’s failure to comply with Section 145(1) of the 1999 Constitution, as amended, which provides for the transmission of written declaration when a President is proceeding on vacation or is otherwise unable to discharge the functions of his office.
The case, marked FHC/ABJ/CS/2353/2026, is supported by a 30-paragraph affidavit deposed to by its National Secretary, Oshiokhue Philip Ikpeminoghena.
In the affidavit, the party stated that Tinubu left Nigeria on August 30, 2026, for a working vacation in Europe and subsequently announced an extension of his stay on September 21.
The suit was filed through an Originating Summons by the AAC National Legal Adviser and Lagos-based human rights lawyer, Inibehe Effiong.
The party is asking the Federal High Court to declare that Tinubu’s alleged failure or refusal to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives was unlawful and unconstitutional.
According to the AAC, such a declaration would have enabled the National Assembly to pass a resolution authorising Shettima to perform the functions of the office of President as Acting President.
The party is also asking the court to declare that the failure of the National Assembly to pass a resolution enabling Shettima to act as President after Tinubu’s absence exceeded 21 days was unconstitutional.
The suit, also seeks an order of perpetual injunction restraining Tinubu and future Nigerian presidents from proceeding on vacation without complying with the constitutional provisions relating to the transfer of presidential powers.