Atiku Questions Who Is in Charge of Nigeria as Tinubu’s Vacation Passes 21 Days

Former Vice President and African Democratic Congress (ADC) presidential candidate Atiku Abubakar has questioned who is constitutionally exercising presidential authority in Nigeria after President Bola Tinubu’s absence from the country passed the 21-day period stipulated under Section 145 of the Constitution.

Atiku raised the question in a statement titled “Who is in Charge of Nigeria?”, following the Presidency’s announcement that Tinubu had extended his working vacation in Europe by a few days and was expected to return to Nigeria at the weekend.

Tinubu departed Nigeria on August 30 for what the Presidency initially described as a three-week annual working vacation.

Atiku argued that Section 145 requires a President proceeding on vacation or otherwise unable to discharge the functions of office to transmit a written declaration to the President of the Senate and Speaker of the House of Representatives.

Under Section 145(1), once such a declaration is transmitted, the Vice President performs the functions of President as Acting President until the President communicates that he is available to resume his functions.

Section 145(2) further provides that where the President is unable or fails to transmit the declaration within 21 days, the National Assembly shall, by a simple majority in each chamber, mandate the Vice President to perform the functions of President as Acting President.

Atiku said Nigerians had not been shown any declaration transferring presidential authority to Vice President Kashim Shettima.

“If such a letter exists, the Presidency should publish it immediately,” Atiku said, adding that if no declaration had been transmitted, the National Assembly should explain why the constitutional procedure had not been activated.

He described the matter as one of “constitutional order” rather than political convenience.

Atiku also pointed to Shettima’s presence in New York, where he is leading Nigeria’s delegation to the 81st United Nations General Assembly on Tinubu’s behalf.

The Presidency said Shettima would represent Tinubu at the UNGA while the President remains on his extended vacation.

Atiku questioned who was exercising presidential authority in Nigeria while both the President and Vice President were outside the country.

He also asked the President of the Senate and the Speaker of the House of Representatives to clarify whether they received any communication from Tinubu under Section 145(1).

The Presidency, however, has maintained that Tinubu continues to direct the affairs of the country while abroad.

In a statement announcing the extension of the President’s vacation, Special Adviser to the President on Information and Strategy Bayo Onanuga said Tinubu had remained in contact with officials in Nigeria and continued directing the affairs of government.

The statement cited Tinubu’s decision to order an independent panel to investigate the deaths of 37 illegal miners in Minna following their detention by the Nigeria Security and Civil Defence Corps.

The Presidency also said that while Shettima was representing Tinubu at the UNGA, Secretary to the Government of the Federation George Akume would continue representing the President at some official functions in Nigeria.

Atiku linked his constitutional concerns to other developments that occurred during Tinubu’s absence, including the reported deaths in NSCDC custody in Minna and rising petrol prices.

He argued that the circumstances made it important for Nigerians to know clearly who was exercising presidential functions and under what constitutional authority.

“Nigeria cannot be governed by assumptions,” Atiku said, arguing that the country could not operate on an informal arrangement while the President was abroad.

He also questioned whether Tinubu’s diplomatic engagements in Europe, including a reported private dinner with French President Emmanuel Macron, could substitute for the constitutional procedure governing presidential authority.

The Presidency said on September 21 that Tinubu had extended his working vacation by a few days and was expected to return to Nigeria at the weekend.

The development has therefore placed renewed attention on the constitutional provisions governing presidential vacations and the circumstances under which the Vice President assumes the functions of Acting President.

Atiku maintained that the key question remained whether Tinubu transmitted the declaration required by Section 145 and, if not, whether the National Assembly had taken the action prescribed by Section 145(2).