ABUJA, Nigeria — Former Vice President and presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, has demanded clarification from the Presidency and National Assembly on the constitutional status of President Bola Ahmed Tinubu’s absence from Nigeria.
Atiku, in a statement issued in Abuja on Monday, questioned who is constitutionally exercising presidential authority following the expiration of the three-week annual vacation announced for Tinubu by the Presidency.
The Presidency announced on August 30 that Tinubu had departed Nigeria for a three-week vacation in Europe, with London as his first destination. It said the President was expected to return after the working vacation.
Atiku cited Section 145 of the Constitution, which provides that when the President proceeds on vacation or is otherwise unable to discharge his functions, he is to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives.
According to the constitutional provision, upon such declaration, the Vice-President performs the functions of the President as Acting President until the President transmits a contrary declaration.
Atiku argued that Nigerians should be told whether Tinubu transmitted the required declaration before leaving the country.
He further referred to Section 145(2), which provides that where the President is unable or fails to transmit the written declaration within 21 days, the National Assembly shall, by resolutions of both chambers, mandate the Vice-President to perform the functions of President as Acting President.
“If such a letter exists, the Presidency should publish it immediately,” Atiku 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.”
However, the constitutional provision requires the National Assembly to pass resolutions of a simple majority in each chamber before formally mandating the Vice-President to act under Section 145(2).
Atiku also raised concerns over the fact that Vice-President Kashim Shettima is currently in New York to represent Tinubu and lead Nigeria’s delegation to the 81st session of the United Nations General Assembly.
The Presidency announced on Sunday that Tinubu had mandated Shettima to lead the Nigerian delegation, which includes Rivers State Governor Siminalayi Fubara, Zamfara State Governor Dauda Lawal, ministers and other senior government officials.
“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?” Atiku asked.
He argued that the country could not be governed on the basis of assumptions, adding that Nigerians deserved clarity on the constitutional arrangements governing presidential authority during Tinubu’s absence.
Atiku also linked his concerns to recent developments in the country, including the deaths of 37 suspected illegal miners in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Niger State.
The Federal Government has since ordered an investigation into the deaths, suspended 20 NSCDC personnel in addition to the state commandant and constituted a 10-member independent committee to investigate the circumstances surrounding the arrests, detention and deaths.
Atiku also cited the rising cost of petrol and the broader economic difficulties facing Nigerians as reasons why, in his view, the question of presidential authority requires urgent clarification.
He said the Constitution provided a procedure for presidential absence and that the procedure should be followed.
“The Presidency should therefore tell Nigerians immediately whether President Tinubu transmitted the declaration contemplated by Section 145(1) before leaving the country.
“The President of the Senate and the Speaker of the House should equally tell Nigerians whether such a communication was received.”
Atiku further called on the National Assembly to explain its position if no declaration was transmitted within the constitutionally stipulated period.
“Who, constitutionally, is in charge of Nigeria?” he asked.
