By David Oluwatosin
Former Vice President and African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, has questioned who is constitutionally exercising presidential powers as President Bola Ahmed Tinubu extends his working vacation abroad.
The Presidency announced on Monday that Tinubu had extended his working vacation by a few days and would return to Nigeria over the weekend. The President departed Nigeria on August 30 for London before moving to Paris, France.
According to a statement signed by the Special Adviser to the President on Information and Strategy, Bayo Onanuga, Tinubu has remained in contact with officials in Nigeria and continued directing affairs of government while abroad.
The Presidency said the President met French President Emmanuel Macron and businessman Vincent Bolloré in Paris, while also directing the constitution of an independent panel to investigate the reported deaths of 37 suspected illegal miners held in the custody of the Nigeria Security and Civil Defence Corps in Minna.
The statement also said Vice President Kashim Shettima had represented Tinubu at some official functions during his absence. However, Shettima travelled to New York on September 20 to represent Nigeria at the 81st United Nations General Assembly, with Secretary to the Government of the Federation, George Akume, continuing to represent the President at official events.
Reacting to the development, Atiku questioned whether a formal declaration had been transmitted to the National Assembly to activate the constitutional procedure for the Vice President to act as President.
He cited Section 145 of the Constitution and argued that the country could not be governed without a clearly established constitutional authority.
Atiku said 21 days had elapsed since Tinubu left Nigeria and questioned who was currently exercising presidential authority, particularly amid economic pressures, rising petrol prices and security challenges.
He argued that the Constitution does not recognise “working vacation” as a substitute for the procedure governing presidential succession when a President is away or unable to perform his functions.
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“The Constitution does not recognise a working vacation as an alternative system of presidential succession. It provides a procedure. That procedure must be obeyed,” Atiku said.
He further argued that the absence of several senior officials abroad had heightened concerns over accountability and leadership.
“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.
The Presidency, however, maintained that Tinubu had remained engaged in governance throughout his stay abroad and dismissed criticisms over his absence from the UN General Assembly.
It said Shettima was representing Nigeria at the global conference in New York and would deliver Nigeria’s national statement.
The Presidency also described insinuations by Atiku and a US-based lobbying firm concerning Tinubu’s non-attendance at the UNGA as irresponsible.
The constitutional issue has previously generated debate. Section 145(1) provides for a written declaration by the President to the Senate President and Speaker of the House of Representatives when proceeding on vacation or otherwise unable to discharge the functions of office. Section 145(2) addresses the situation where such a declaration is not transmitted within 21 days. Legal experts have differed on how the two provisions should be interpreted.
The Presidency has now said Tinubu will return to Nigeria over the weekend following the extension of his working vacation.
