Atiku Questions Constitutional Status of Tinubu’s Extended Vacation

Former Vice President Atiku Abubakar has asked the Presidency and National Assembly to clarify who is exercising presidential powers in Nigeria after President Bola Tinubu’s announced three-week vacation elapsed.

Atiku, the presidential candidate of the African Democratic Congress (ADC), raised the issue in a statement titled “Who is in Charge of Nigeria?”, citing Section 145 of the 1999 Constitution.

Tinubu departed Nigeria on August 30 for a working vacation in Europe. The Presidency announced on Monday that he had extended the vacation by a few days and was expected to return to Nigeria at the weekend.

Atiku said Section 145 requires a president proceeding on vacation to transmit a written declaration to the President of the Senate and Speaker of the House of Representatives, after which the Vice President performs presidential functions as Acting President.

He claimed that no such communication transferring presidential authority to Shettima had been made public.

“Twenty-one days have come and gone since President Bola Ahmed Tinubu left Nigeria on what the Presidency described as a three-week annual vacation,” he said.

“Today, Nigerians are entitled to ask a very simple constitutional question: Who is in charge of Nigeria?”

Atiku further referred to Section 145(2), which he said provides a constitutional safeguard where the President fails to transmit the required declaration within 21 days.

He argued that the National Assembly should explain why the procedure had not been activated if no declaration was transmitted by Tinubu.

“If such a letter exists, the Presidency should publish it immediately,” Atiku said.

He also questioned the situation arising from Tinubu and Shettima both being outside Nigeria, as the Vice President is in New York representing the country at the 81st UN General Assembly.

“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?” Atiku asked.

The former Vice President said the matter should be viewed as a constitutional issue and not merely a political disagreement.

“Nigeria cannot be governed by assumptions. It cannot be governed by presidential social-media posts from Europe.

“It cannot be governed by photographs from private dinners at the Élysée Palace.

“It cannot be governed on autopilot,” he said.

Atiku also pointed to recent domestic developments, including the deaths of 37 Nigerians in NSCDC custody in Minna and rising petrol prices, as reasons he said the question of presidential authority required clarification.

“These are not ordinary times. Yet the President is abroad. The Vice President is abroad. The Senate President is abroad,” he said.

He asked the President of the Senate and the Speaker of the House of Representatives to confirm whether they had received any declaration from Tinubu under Section 145(1).

The ADC candidate also urged the National Assembly to explain why it had not activated the relevant constitutional procedure if no declaration was received within the stipulated period.

“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,” Atiku said.

“The question will not disappear: Who, constitutionally, is in charge of Nigeria?”

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