By Emmanuel Thomas l Monday, Sept 28, 2026
ABUJA, Nigeria — An opposition political party in Nigeria has launched a major legal challenge against President Bola Ahmed Tinubu, asking a federal court to declare his failure to formally transfer power to Vice President Kashim Shettima during an extended European vacation unconstitutional.
The lawsuit, filed on Monday at the Federal High Court in Abuja by the African Action Congress (AAC), intensifies public debate over constitutional compliance, governance transparency, and executive accountability in Africa’s most populous democracy.
The suit—marked FHC/ABJ/CS/2353/2026—was initiated through an Originating Summons by Lagos-based human rights attorney and AAC National Legal Adviser Inibehe Effiong. It names President Tinubu, Attorney General of the Federation Lateef Fagbemi, Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abbas, and the National Assembly as co-defendants.
At the heart of the suit is Section 145(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The constitutional provision requires the president to transmit a written declaration to the heads of both houses of the National Assembly whenever proceeding on vacation or becoming unable to discharge office duties, thereby authorizing the vice president to act as president.
According to a 30-paragraph affidavit sworn by AAC National Secretary Oshiokhue Philip Ikpeminoghena, President Tinubu departed Nigeria on Aug. 30, 2026, for a vacation in Europe. On Sept. 21, 2026, the presidency announced an extension of the vacation without providing detailed explanations to the public.
The opposition party contends that by remaining outside the country beyond 21 days without formally transmitting power, President Tinubu violated his oath of office and breached explicit constitutional directives.
”President Tinubu’s refusal or failure to transmit a written declaration to the Senate President and Speaker of the House of Representatives is undemocratic, unlawful, and a flagrant violation of Section 145(1) of our constitution,” Mr. Effiong stated following the court filing.
The AAC is seeking several key declarations from the court:
A Declaration of Unconstitutionality: That President Tinubu’s failure to transmit a written notice enabling Vice President Shettima to assume the role of Acting President is illegal.
National Assembly Failure: A declaration that the National Assembly breached its legal obligations by failing to pass a resolution empowering Vice President Shettima to assume executive duties after the 21-day threshold elapsed.
Perpetual Injunction: An order perpetually restraining President Tinubu and future Nigerian chief executives from embarking on overseas vacations without full compliance with Section 145(1).
The filing attracted prominent political figures, including former presidential candidate and AAC leader Omoyele Sowore, who attended court proceedings in Abuja to witness the submission.
The legal action also takes direct aim at the leadership of the Nigerian legislature. In its court filings, the party criticized Senate President Godswill Akpabio for neglecting parliamentary duty, noting that during the constitutional impasse, Mr. Akpabio publicly announced he had traveled to the Sanctuary of St. Padre Pio in San Giovanni Rotondo, Italy, to offer prayers for the nation rather than invoking legislative measures to mandate a transition of power.
Questions regarding presidential absences have historically been sensitive in Nigerian politics. Similar disputes arose during the administrations of former Presidents Umaru Musa Yar’Adua and Muhammadu Buhari, leading to constitutional amendments aimed at preventing power vacuums in top executive offices.
As of late Monday, neither the Presidency nor the Office of the Attorney General of the Federation had issued a formal statement regarding the lawsuit. The Federal High Court has not yet assigned a judge or fixed a hearing date for the suit.
