AAC sues Tinubu and national assembly over failure to hand over power to Shettima during vacation

The African Action Congress has sued President Bola Tinubu at the Federal High Court in Abuja over his alleged failure to formally transfer presidential powers to Vice-President Kashim Shettima during his extended vacation in Europe.

The suit, marked FHC/ABJ/CS/2353/2026, was filed on Monday by the party’s National Legal Adviser, Inibehe Effiong. Multiple reports of the originating summons carry that suit number, although some reports list it as FHC/ABJ/CS/2358/2026.

Named as defendants are Tinubu; Attorney-General of the Federation and Minister of Justice Lateef Fagbemi; Senate President Godswill Akpabio; Speaker of the House of Representatives Tajudeen Abbas; and the National Assembly, all in their official capacities. The AAC is asking the court to determine whether the president can proceed on vacation without transmitting a written declaration to the Senate President and House Speaker under Section 145(1) of the 1999 Constitution.

The opposition party alleges that Tinubu travelled to Europe on August 30, 2026, and remained away through September 28 without transmitting such a declaration. It is asking the court to determine whether the alleged failure was unconstitutional and a violation of his oath of office.

The AAC is also challenging the National Assembly’s failure to pass a resolution authorising Shettima to perform the functions of president after Tinubu’s absence exceeded 21 days. It wants the court to determine whether that alleged failure violated the duty imposed on the National Assembly under Section 145(2) of the Constitution.

Among the reliefs sought is a declaration that a president must transmit a written declaration to the Senate President and House Speaker before proceeding on vacation. The party is also seeking a perpetual injunction restraining Tinubu from embarking on future vacations, whether within or outside Nigeria, without first transmitting the required declaration.

Tinubu left Nigeria on August 30 for Europe on what the presidency described as a working vacation. The AAC’s case centres on whether his absence required the formal transfer of presidential functions to Shettima under Section 145 and whether the National Assembly had a constitutional obligation to intervene after 21 days.

The presidency has maintained that Tinubu continued to direct government affairs and remained in contact with officials while abroad. The Federal High Court has not ruled on the AAC’s claims, and the party’s assertions that Tinubu and the National Assembly violated the Constitution remain allegations to be determined by the court.