Former VP Atiku Abubakar and President Bola Tinubu
A media aide to former Vice President Atiku Abubakar, Paul Ibe, has questioned who is currently exercising presidential powers in Nigeria following the expiration of President Bola Ahmed Tinubu’s announced three-week vacation.
In a statement on Tuesday, Ibe said the development had raised constitutional concerns and called on the Presidency and the National Assembly to clarify whether the provisions of Section 145 of the 1999 Constitution were followed before the President travelled out of the country.
According to him, President Tinubu left Nigeria on August 30 for what the Presidency described as a three-week annual vacation, adding that the 21-day period has now elapsed.
He argued that Nigerians deserve clarity on who is constitutionally in charge of the country.
“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.
“Today, Nigerians are entitled to ask a very simple constitutional question: Who is in charge of Nigeria?”
Ibe cited Section 145 of the Constitution, which outlines the procedure for the transfer of presidential powers whenever the President proceeds on vacation or is otherwise unable to perform the functions of office.
He stated that the Constitution requires the President to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives, after which the Vice President performs the functions of President as Acting President.
According to him, where such a declaration is not transmitted within 21 days, the Constitution empowers the National Assembly, by a simple majority of each chamber, to mandate the Vice President to perform the functions of Acting President.
“President Tinubu left Nigeria on 30 August. The Presidency publicly announced a three-week vacation. Yet, to date, Nigerians have not been shown any constitutional letter transmitting presidential authority to Vice President Kashim Shettima.
“The 21 days have now elapsed. If such a letter exists, the Presidency should publish it immediately.
“If it does not, then the constitutional mechanism contemplated by Section 145(2) has been triggered, and the National Assembly owes Nigerians an explanation as to why it has not acted.”
The Atiku aide maintained that the issue goes beyond politics and concerns compliance with constitutional provisions.
“This is not a matter of political convenience. It is a matter of constitutional order.”
He further noted that Vice President Kashim Shettima is currently in New York representing Nigeria at the ongoing United Nations General Assembly, raising fresh questions about who is exercising presidential authority.
“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?
“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.”
Ibe also referred to recent national developments, including the deaths of 37 suspected illegal miners in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Minna and the continued rise in petrol prices, saying the country requires active leadership.
“These are not ordinary times. Yet the President is abroad. The Vice President is abroad. The Senate President is abroad.
“And Nigerians have not been told, in the clear constitutional language required of a serious democracy, who is exercising the powers of the President.”
While acknowledging that President Tinubu’s diplomatic engagements in France may have their importance, he insisted that constitutional procedures must be respected.
“President Tinubu’s private dinner with President Emmanuel Macron in Paris may serve diplomatic purposes. But Nigeria itself cannot be placed on vacation.
“The Constitution does not recognise a ‘working vacation’ as an alternative system of presidential succession.
“It provides a procedure. That procedure must be obeyed.”
He therefore called on the Presidency to disclose whether President Tinubu transmitted the declaration required under Section 145(1) before leaving Nigeria.
He also urged the President of the Senate and the Speaker of the House of Representatives to confirm whether such a communication was received.
“And if no declaration was transmitted within the constitutionally stipulated period, the National Assembly must explain why the procedure provided by Section 145(2) has not been activated.”
President Tinubu travelled out of Nigeria on August 30 after the Presidency announced he would embark on a three-week annual vacation combined with official engagements abroad. During the period, Vice President Kashim Shettima represented Nigeria at the United Nations General Assembly in New York, while the President has also held diplomatic meetings in France.
The Presidency has not publicly announced any constitutional dispute regarding the President’s absence. However, Ibe’s statement adds to the growing political debate over compliance with Section 145 of the Constitution, which governs the temporary transfer of presidential powers whenever the President proceeds on vacation or is unable to discharge the duties of office.
