Human rights activist, Omoyele Sowore and President Bola Tinubu
Former presidential candidate of the African Action Congress (AAC), Omoyele Sowore, has called on the National Assembly to begin the constitutional process of making Vice-President Kashim Shettima Acting President, following what he described as President Bola Tinubu’s failure to officially hand over power after spending more than 21 days on vacation outside Nigeria.
Sowore made the call in a statement on Tuesday, arguing that the provisions of Section 145 of the 1999 Constitution should be enforced without delay.
According to him, President Tinubu left Nigeria on August 30, 2026, for a three-week vacation, but later extended the trip by “a few days,” according to a statement from the Presidency.
He maintained that the Constitution clearly provides the procedure to be followed whenever a president proceeds on vacation.
“The National Assembly must immediately commence the constitutional process prescribed by Section 145(2) of the 1999 Constitution to mandate Vice-President Kashim Shettima to perform the functions of President as Acting President,” Sowore said.
He added: “President Bola Ahmed Tinubu left Nigeria on August 30, 2026, for a three-week vacation. That 21-day period has expired. Instead of returning, as announced, the Presidency stated on September 21 that Tinubu had extended his vacation abroad by ‘a few days.'”
Sowore argued that Section 145 of the Constitution is clear on the transfer of presidential powers during a vacation.
“Section 145 is unambiguous. Whenever the President proceeds on vacation, he shall transmit a written declaration to the Senate President and Speaker of the House, enabling the Vice-President to perform presidential functions as Acting President. Where the President fails or is unable to transmit that declaration within 21 days, Section 145(2) says the National Assembly shall, by simple majority in each House, mandate the Vice-President to perform those functions,” he stated.
The AAC chieftain further claimed that there was no public evidence that the required declaration had been transmitted to the leadership of the National Assembly.
“As of today, no Section 145 declaration transferring presidential functions to Vice-President Kashim Shettima has been publicly established,” he said.
He also rejected the Presidency’s position that President Tinubu could continue to govern from outside the country while on vacation.
“The Presidency cannot invent a ‘working vacation’ exception that does not appear in the Constitution. Its claim that Tinubu continues to ‘direct the affairs of the nation’ from abroad does not answer the constitutional question. Indeed, the Presidency’s own statement says Tinubu remains on vacation while merely ‘delegating’ Shettima to represent him at certain functions.
“Nigeria can’t be governed by press releases, telephone calls, or constitutional improvisation,” Sowore said.
He called on Senate President Godswill Akpabio and Speaker of the House of Representatives Abbas Tajudeen to clarify whether the constitutional declaration required under Section 145(1) had been received.
“Senate President Godswill Akpabio and Speaker Abbas Tajudeen must immediately tell Nigerians whether they received the declaration required by Section 145(1). If they did not, the 21-day threshold has passed, and the National Assembly must begin the process prescribed by Section 145(2) to mandate the Vice-President to perform the functions of President as Acting President.
“This is no longer about Tinubu’s vacation. It is about whether Nigeria will be governed according to its Constitution.
“The 21 days have expired. The National Assembly must act now,” he said.
Section 145 of Nigeria’s 1999 Constitution outlines the process for the temporary transfer of presidential powers whenever a president proceeds on vacation or is otherwise unable to discharge the duties of the office. The Presidency has maintained that President Tinubu remains in charge of government despite his stay abroad, but Sowore insists the constitutional provisions should be strictly followed.
