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| Photo Credit — National Assembly |
Some members of the House of Representatives, operating under the bipartisan Save Democracy Group (SDG), have called on the leadership of the National Assembly to reconvene and clarify the constitutional status of President Bola Tinubu’s prolonged absence from Nigeria.
In a statement, the group urged Senate President Godswill Akpabio and House Speaker Tajudeen Abbas to disclose whether the President transmitted a written declaration notifying them of his vacation, as required by Section 145 of the 1999 Constitution (as amended). The lawmakers argue that if no such declaration was sent within 21 days, both chambers should pass resolutions mandating Vice President Kashim Shettima to serve as Acting President.
Background on the President’s Absence
President Tinubu left Nigeria on 30 August for what the Presidency described as a three-week working vacation in Europe. He first travelled to London and later to Paris, where he held meetings including with French President Emmanuel Macron. The Presidency later announced a short extension, with an expected return this weekend. Officials have stated that the President remains in contact with government officials and continues to direct affairs from abroad.
At the same time, Vice President Kashim Shettima is outside the country, representing Nigeria at the 81st United Nations General Assembly in New York. The Secretary to the Government of the Federation has also stood in at some functions.
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What Section 145 of the Constitution Requires
Section 145(1) states that whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives. Until he transmits a declaration to the contrary, the Vice President shall perform the functions of the President as Acting President.
Section 145(2) provides a safeguard: if the President is unable or fails to transmit the written declaration within 21 days, the National Assembly shall, by a simple majority resolution of each House, mandate the Vice President to perform the functions of the office of the President as Acting President. This continues until the President notifies the National Assembly leadership that he is available to resume his functions.
The Save Democracy Group emphasised that the core issue is constitutional compliance rather than the President’s ability to communicate via modern technology. “The question is not whether modern technology allows the President to work from another country. The question is whether the Constitution has been obeyed,” the statement said.
It was signed by Awaji-Inombek Abiante (representing Andoni/Opobo-Nkoro Federal Constituency, Rivers) and Abubakar Yahaya Kusada (Katsina).
The group has described itself as a platform focused on constitutional governance, legislative independence and accountability. Publicly identified members include Abiante, Kusada and Mansur Musa Jega. The group has not disclosed its full membership, and available reports do not indicate that it forms a majority or formal caucus in either chamber.
Historical Context: Lessons from the Yar’Adua Era
The current debate echoes the constitutional difficulties that arose during the prolonged medical absence of former President Umaru Musa Yar’Adua in 2009–2010. At that time, Section 145 did not contain the explicit 21-day mechanism now in place.
When Yar’Adua did not transmit a written declaration, a governance vacuum developed. The National Assembly eventually invoked the “Doctrine of Necessity” in February 2010 to empower then-Vice President Goodluck Jonathan as Acting President. The later amendment to Section 145 was intended to close that gap and provide a clearer legislative pathway.
Broader Implications and Reactions
Supporters of strict constitutional adherence argue that formal transfer of authority protects institutional continuity and removes ambiguity about who holds executive powers, especially on matters that constitutionally require the President or Acting President. Critics of the SDG call have noted that previous administrations have sometimes handled short absences differently and that the Presidency maintains the President remains fully in charge.
The National Assembly has been on recess (with some extensions), though committees have continued work. As of the latest reports, Senate leadership has indicated no vacancy exists at Aso Rock and has not moved to reconvene specifically on this matter. Similar questions have been raised by opposition figures, including former Vice President Atiku Abubakar, who has also asked for public clarification on whether a Section 145 declaration was transmitted.
Looking Ahead
President Tinubu is expected to return this weekend according to the Presidency. Whether the National Assembly leadership issues a public clarification, or whether the chambers reconvene to address the 21-day provision, will determine how this constitutional question is resolved in the short term. The episode has renewed public discussion about the importance of transparent procedures when the President is outside the country for extended periods.
The Save Democracy Group maintains that constitutional continuity should be formal and transparent rather than left to assumption, and that the National Assembly has a responsibility to act according to the clear provisions of Section 145 if the required declaration was not transmitted.
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