Presidential candidate of the African Action Congress (AAC), Omoyele Sowore, has called on the National Assembly to invoke Section 145(2) of the 1999 Constitution and mandate Vice-President Kashim Shettima to perform the functions of President as Acting President.
Sowore made the demand following President Bola Tinubu’s decision to extend his stay abroad after the expiration of the three-week working vacation announced by the Presidency.
Tinubu departed Nigeria on August 30 for a three-week vacation, initially scheduled to take him through September 20. On September 21, the Presidency announced that he had extended his stay by a few days and was expected to return to Nigeria at the weekend.
In a statement posted on X, Sowore argued that the expiration of the 21-day period had triggered the constitutional provisions dealing with presidential absence.
He called on Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to publicly clarify whether they received a written declaration from Tinubu under Section 145(1).
Sowore argued that if such a declaration was not transmitted, the National Assembly should commence the process provided under Section 145(2) to mandate Shettima to perform the functions of President as Acting President.
“This is no longer about Tinubu's vacation. It is about whether Nigeria will be governed according to its Constitution,” Sowore said.
The Presidency has maintained that Tinubu remains in charge of government despite his physical absence from Nigeria.
In announcing the extension of the President's working vacation, Special Adviser to the President on Information and Strategy, Bayo Onanuga, said Tinubu had remained in contact with officials at home and continued directing the affairs of government.
The Presidency also said Tinubu had delegated Shettima to represent him at some official functions, including the 81st United Nations General Assembly in New York. With Shettima currently in New York, Secretary to the Government of the Federation, George Akume, has continued representing the President at some official engagements.
The Presidency's position has also been backed by presidential aide Daniel Bwala, who said the President's constitutional powers were not limited by his physical location and that Tinubu could continue directing the affairs of government from abroad.
The dispute has generated wider debate among opposition politicians and constitutional lawyers over the interpretation and application of Section 145.
Former Vice-President Atiku Abubakar has also questioned whether the constitutional procedure governing presidential absence was followed, while the African Democratic Congress has demanded clarification from the Presidency and National Assembly.
Human rights lawyer Inibehe Effiong has separately argued that Section 145 requires a formal arrangement for the exercise of presidential functions when the President is on vacation or otherwise unable to perform his duties. His interpretation, however, represents a legal opinion rather than a judicial determination of the issue.
The constitutional question remains unresolved publicly, particularly over whether a Section 145 declaration was transmitted and what legal effect the expiration of 21 days has in the circumstances.
Meanwhile, Tinubu is expected to return to Nigeria at the weekend, according to the Presidency.
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