Prolonged Absence: Tinubu Sued for Refusing to Hand Over Power

The African Action Congress (AAC) has filed a suit against President Bola Tinubu at the Federal High Court in Abuja over his continued absence from Nigeria and alleged failure to formally transmit power to Vice-President Kashim Shettima.

The suit, marked FHC/ABJ/CS/2353/2026 and dated September 28, 2026, was filed through an originating summons by the party’s National Legal Adviser, Inihebe Effiong.

Tinubu is listed as the first defendant, while the Attorney-General of the Federation, Lateef Fagbemi; President of the Senate, Godswill Akpabio; Speaker of the House of Representatives, Abbas Tajudeen; and the National Assembly are named as the second to fifth defendants, respectively.

The case concerns Tinubu’s absence from the country after he travelled to Europe on August 30, 2026, reportedly for a three-week working vacation as part of his annual leave.

The Presidency had initially indicated that the President would return around September 21. However, an extension of his stay was announced, with his return subsequently expected the following weekend. As of Monday, September 28, he had not returned to Nigeria.

In its suit, the AAC is asking the court to determine whether Tinubu’s failure to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives during his absence violates Section 145(1) of the 1999 Constitution, as amended.

The party is seeking a declaration that the failure to make the required transmission, which would enable the National Assembly to authorise Shettima to perform the functions of President in an acting capacity, is unlawful and contrary to the constitutional provisions.

The AAC is also asking the court to declare that the National Assembly’s failure to pass a resolution enabling Shettima to act as President after Tinubu’s absence exceeded 21 days is unconstitutional.

The party further wants the court to issue a perpetual injunction preventing Tinubu and future Nigerian presidents from embarking on vacations or extended absences without complying with the requirements of Section 145(1) of the Constitution.

The suit places the constitutional procedure for presidential absence before the court, with the AAC seeking judicial interpretation of the responsibilities of the President and National Assembly when a president is away from the country for an extended period.