Former Vice President and 2027 African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, has challenged the Presidency and the National Assembly to clarify who is constitutionally exercising the powers of President Bola Ahmed Tinubu following the expiration of the President’s announced 21-day vacation period.
Atiku raised the concerns in a personally signed statement on Monday, citing Section 145 of the 1999 Constitution and questioning whether the required procedure for transferring presidential powers had been followed.
The former vice president also questioned the absence of a publicly disclosed constitutional declaration concerning Vice President Kashim Shettima, who is currently in New York representing Nigeria at the 81st United Nations General Assembly.
Tinubu’s 21-Day Vacation Raises Constitutional Questions
Naija News recalls that President Tinubu departed Nigeria on August 30 for a three-week annual vacation in Europe.
The President’s absence coincided with Vice President Kashim Shettima’s official engagements outside the country, including his representation of Nigeria at the 81st United Nations General Assembly in New York.
According to Atiku, the expiration of the 21-day period has raised important questions about the constitutional arrangements governing the exercise of presidential authority when the President is away from the country.
He specifically referenced Section 145(1) of the 1999 Constitution, which provides for the President to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives when proceeding on vacation beyond the constitutionally specified period or when otherwise unable to perform the functions of his office.
Atiku Demands Disclosure of Presidential Declaration
Atiku argued that Nigerians had not been shown any constitutional letter transmitting presidential functions to Vice President Shettima.
He called on the Presidency to disclose whether such a declaration was transmitted before Tinubu left the country.
Atiku said:
“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.”
The former vice president maintained that the matter required clarity from the relevant authorities, particularly given the constitutional implications of the President’s prolonged absence.
Section 145(2): Atiku Questions National Assembly’s Role
Atiku also referred to Section 145(2) of the Constitution, which addresses the situation where the President is unable or fails to transmit the required declaration within 21 days.
The provision states that the National Assembly may, by a simple majority in each chamber, mandate the Vice President to perform the functions of the President as Acting President.
Based on his interpretation of the provision, Atiku asked whether the National Assembly had taken steps to activate the constitutional mechanism.
He said:
“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.
“This is not a matter of political convenience. It is a matter of constitutional order.”
Atiku called for transparency regarding the steps taken by the Presidency, the Senate and the House of Representatives in relation to the constitutional requirements.
Who Is Exercising Presidential Powers?
The former vice president further drew attention to Vice President Shettima’s presence in New York, where he is leading Nigeria’s delegation to the United Nations General Assembly following a directive from President Tinubu.
He questioned how presidential responsibilities were being exercised in Nigeria while both the President and Vice President were outside the country.
Atiku asked:
“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?”
He argued that Nigerians should not be expected to rely on informal indications of presidential activity to determine who is constitutionally responsible for the exercise of presidential powers.
‘Nigeria Cannot Be Governed by Assumptions’ — Atiku
Atiku criticised what he described as reliance on presidential social media posts and images of the President’s activities abroad as evidence of continued governance.
He said:
“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.”
His comments came amid concerns about the President’s absence from the country and the need for clear public information on the constitutional arrangements for exercising executive authority.
Atiku Raises Security and Economic Concerns
Atiku also argued that President Tinubu should be in Nigeria amid several domestic challenges.
He referenced the reported deaths of 37 Nigerians in the custody of the Nigeria Security and Civil Defence Corps in Minna, an incident that has led to investigations, suspensions and calls for independent scrutiny.
The former vice president also raised concerns about petrol prices, claiming that the product was selling for as much as ₦1,500 per litre in some parts of the country.
He said:
“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.”
Atiku linked the concerns to the broader challenges facing Nigerians, including economic hardship, rising energy costs and security issues.
Tinubu’s Macron Dinner Draws Atiku’s Response
Atiku acknowledged the diplomatic significance of President Tinubu’s private dinner with French President Emmanuel Macron in Paris.
However, he argued that diplomatic engagements outside Nigeria should not be interpreted as suspending the country’s governance responsibilities.
He said:
“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.”
The former vice president’s comments focused on the constitutional process for the exercise of presidential authority rather than the diplomatic purpose of the President’s engagements.
Atiku Calls on Presidency and National Assembly to Explain
Atiku subsequently called on the Presidency to clarify whether Tinubu transmitted the declaration required under Section 145(1) before leaving Nigeria.
He also asked the President of the Senate and the Speaker of the House of Representatives to state whether they received any such communication.
He said:
“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.”
Atiku maintained that the matter required an official explanation to establish the constitutional basis for the exercise of presidential functions.
‘Who, Constitutionally, Is in Charge of Nigeria?’ — Atiku
Concluding his statement, Atiku said the issue extended beyond the President’s personal movements and concerned Nigerians’ right to know who is constitutionally responsible for exercising presidential powers.
He said:
“Nigeria is bigger than any President.
“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.
“The question will not disappear: Who, constitutionally, is in charge of Nigeria?”
The statement places the focus on the interpretation and application of Section 145 of the 1999 Constitution, with Atiku seeking clarification from the Presidency and the National Assembly on the constitutional arrangements governing presidential authority during Tinubu’s absence.