Former Vice President and presidential candidate of the African Democratic Congress (ADC), Alhaji Atiku Abubakar, has raised questions regarding who is constitutionally leading Nigeria, following the expiration of President Bola Ahmed Tinubu’s 21-day vacation. ExecutiveBranch
President Tinubu left Nigeria on August 30 for what the Presidency described as a three-week annual vacation in France. Concurrently, Vice President Kashim Shettima is in the United States leading the Nigerian delegation to the United Nations General Assembly (UNGA).
In a statement released on his official social media handles on Monday, September 21, Atiku argued that the nation cannot be governed from Europe, urging both the Presidency and the National Assembly leadership to respect constitutional succession procedures.
Atiku cited Section 145 of the Constitution, which provides that whenever the President proceeds on vacation, he shall transmit a written declaration to the President of the Senate and Speaker of the House of Representatives, whereupon the Vice President performs functions of President as Acting President.
He said that where the President fails to transmit the declaration within 21 days, the Constitution provides that the National Assembly shall, by simple majority of each House, mandate the Vice President to perform the functions of President as Acting President.
“The 21 days have now elapsed. If such a letter exists, the Presidency should publish it immediately. If it does not, then the constitutional mechanism contemplated by Section 145(2) has been triggered, and the National Assembly owes Nigerians an explanation as to why it has not acted. This is not a matter of political convenience. It is a matter of constitutional order.” ExecutiveBranch
Atiku said the situation is more disturbing because Vice President Kashim Shettima is presently in New York representing Nigeria at the United Nations General Assembly, the third consecutive UNGA at which President Tinubu has delegated representation to his deputy.
“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?” he asked.
He said Nigeria cannot be governed by assumptions, social-media posts from Europe, photographs from private dinners at the Élysée Palace, or on autopilot.
He noted that while President Tinubu has been abroad, 37 Nigerians d!ed in NSCDC custody in Minna, an incident that triggered investigations and suspensions, while petrol sells for as much as N1,500 per litre in parts of the country, worsening transportation costs.
“These are not ordinary times. Yet the President is abroad. The Vice President is abroad. The Senate President is abroad. And Nigerians have not been told, in the clear constitutional language required of a serious democracy, who is exercising the powers of the President,” he said.
Atiku said President Tinubu’s private dinner with President Emmanuel Macron in Paris may serve diplomatic purposes, but Nigeria itself cannot be placed on vacation.
He asked the Presidency to tell Nigerians whether President Tinubu transmitted the declaration contemplated by Section 145(1) before leaving, and if the President of the Senate and Speaker of the House are aware of such transmission.
“If no declaration was transmitted within the constitutionally stipulated period, the National Assembly must explain why the procedure provided by Section 145(2) has not been activated.
Nigeria is bigger than any President. At a time of severe economic hardship, rising energy costs, security challenges and the shocking deaths of citizens in government custody, the country deserves visible, accountable and constitutionally grounded leadership.”he said