Some members of the House of Representatives operating under the Save Democracy Group have called on the leadership of the National Assembly to clarify the constitutional arrangements surrounding President Bola Tinubu’s extended absence from Nigeria.
The lawmakers want Senate and House leaders to disclose whether the President transmitted the written declaration contemplated by Section 145 of the 1999 Constitution in connection with his vacation.
They also asked the legislature to reconvene to consider what action, if any, should follow if no declaration was transmitted.
The lawmakers’ position is a political and constitutional claim; the request itself does not establish that the President violated the Constitution.
Presidency Announced Three-Week Vacation
The Presidency announced on August 30 that Tinubu had departed Nigeria for a three-week vacation in Europe.
During his absence, Vice President Kashim Shettima has represented Nigeria at official engagements, including the 81st United Nations General Assembly in New York.
Secretary to the Government of the Federation George Akume has also represented the President at some events.
Those delegations have nevertheless prompted debate over the separate question of the formal transfer of presidential functions.
What Section 145 Provides
Section 145 sets out a procedure under which the President may transmit a written declaration to the Senate President and Speaker of the House when proceeding on vacation or otherwise unable to discharge the functions of office.
Under the constitutional mechanism, the Vice President then performs presidential functions in an acting capacity until the President transmits another declaration indicating his return.
The current dispute concerns whether the relevant notification was transmitted and what constitutional consequences, if any, follow from the circumstances.
Further official clarification from the Presidency or National Assembly would be necessary to resolve that factual question.
