Tinubu Is Abroad, Shettima Is Away—So Who Is Running Nigeria, and What Does the Constitution Say?
Nigeria is facing a serious constitutional question this week, and the Presidency and National Assembly owe Nigerians a clear answer.
This editorial examines whether the constitutional procedure governing presidential powers during the President’s vacation has been followed, despite the Presidency’s insistence that Tinubu remains in charge from abroad.
The Constitutional Procedure Under Section 145
Section 145 of the 1999 Constitution, as amended, is clear. Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the President of the Senate and Speaker of the House of Representatives. Until he transmits a declaration to the contrary, the Vice President shall perform the functions of President as Acting President.
The Nigerian Constitution does not recognise a working vacation. The President is either on vacation or not. Period.
Tinubu left Nigeria on August 30 for a three-week vacation. The Presidency announced that he had extended his stay and would return at the weekend.
But delegating the Vice President to represent the President is not the same as transmitting a constitutional declaration making him Acting President, as is envisioned by our Constitution. That distinction is fundamental.
Shettima left Nigeria on September 20 for New York to attend the 81st United Nations General Assembly.
Former Vice President Atiku Abubakar and his party, the African Democratic Congress, have also questioned the constitutional status of the presidency during Tinubu’s absence. And rightly so.
The Section 145 Test and the 21-Day Mechanism
The first question is straightforward: did Tinubu transmit the written declaration required by Section 145?
If he did not, Section 145(2) provides a second mechanism. Where the President fails to transmit the declaration within 21 days, the National Assembly shall, by a simple majority resolution of each House, mandate the Vice President to perform the functions of President as Acting President until the President communicates that he is available to resume his functions.
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Tinubu’s announced three-week vacation has elapsed. His stay abroad has been extended. Yet the public has not been shown a Section 145 declaration placing Shettima in the position of Acting President, nor has the National Assembly publicly demonstrated that it passed the resolution contemplated by Section 145(2).
The Presidency cannot now substitute the argument that Tinubu can govern from anywhere for the constitutional procedure prescribed for a President proceeding on vacation.
National Assembly’s Role and the Section 146 Distinction
The National Assembly cannot escape scrutiny over its constitutional responsibility. Section 145(2) says it shall mandate the Vice President to act if the President fails to transmit the required declaration within 21 days.
If the declaration was not transmitted and the 21-day period has elapsed, where is the resolution of the Senate and House of Representatives? Where is the formal record? Where is the explanation to Nigerians?
These are constitutional questions, not partisan arguments.
The Constitution does not make the Senate President automatically Acting President because the President and Vice President are abroad. Section 146 concerns a vacancy in the office of President, including death, resignation, impeachment, permanent incapacity or removal in accordance with the Constitution.
| Provision | Trigger | Required Action |
|---|---|---|
| Section 145 | President proceeding on vacation or otherwise unable to discharge functions | President transmits written declaration to Senate President and House Speaker; Vice President performs functions as Acting President until contrary declaration |
| Section 145(2) | President fails to transmit declaration within 21 days | National Assembly by simple majority resolution of each House mandates Vice President to perform functions as Acting President until President communicates availability |
| Section 146 | Vacancy in office of President (death, resignation, impeachment, permanent incapacity or removal) | Addresses succession in the event of a vacancy, not a temporary absence or vacation |
The Buhari Precedent and the Question of Accountability
In 2018, when former President Muhammadu Buhari proceeded on vacation, he transmitted a letter to the National Assembly stating that Vice President Yemi Osinbajo would act in his capacity. The National Assembly records contain the letter.
The issue is whether a President can remain abroad, continue exercising presidential powers from there, leave the Vice President without the constitutional status of Acting President and allow the 21-day provision to pass without the National Assembly activating the mechanism provided by the Constitution.
If that is what has happened, this is no longer a matter of optics. It is a constitutional compliance question.
So, who is actually in charge?
If Tinubu transmitted the required declaration, the Presidency should produce it. If he did not, and the 21-day period elapsed, the National Assembly must explain why it did not pass the resolution prescribed by Section 145(2).
If neither constitutional step occurred, the government has not merely failed to provide clarity. It has disregarded the constitutional procedure governing presidential absence.
If the answer to both questions is no, then the constitutional breach is no longer a matter of speculation. It is the unavoidable conclusion from the facts. And it is a disappointment that this is how our leaders consider critical matters of statecraft.
We have a presidency occupied by a man with avowed democratic credentials conducting this particular matter in a rather cavalier manner. And worse than that, we have a National Assembly that is shamelessly ignorant of its check and balance responsibilities.
Why should we encourage such a flagrant violation of the Constitution by both the President and the National Assembly?