A social media commentator identified as Everest has criticised the Presidency over its defence of President Bola Ahmed Tinubu’s continued stay outside Nigeria, accusing the government of disregarding the country’s constitutional provisions.
Everest reacted on X on September 27, shortly after Special Adviser to the President on Information and Strategy, Bayo Onanuga, defended Tinubu’s absence from Nigeria and argued that the President could continue governing while abroad.
Onanuga had said Tinubu was “hale and hearty” and was on a working vacation, adding that modern communication technology meant the President did not need to be physically present in Abuja to discharge his responsibilities.
Reacting to the statement, Everest wrote: “Bayo Onanuga said the president is free to do as he wishes and can govern from anywhere. These guys have suspended our constitution. It shall not be well with the National Assembly.”
Everest’s criticism comes amid a wider public debate over what the Nigerian Constitution requires when a President proceeds on vacation or is unable to perform the functions of his office.
Section 145(1) of the 1999 Constitution provides that when the President proceeds on vacation or is otherwise unable to discharge the functions of his office, he is to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives. The provision states that, until a contrary declaration is transmitted, the Vice President performs the functions of President as Acting President.
The controversy intensified after Tinubu's three-week vacation, which began on August 30, was extended by several days.
Former Vice President Atiku Abubakar subsequently questioned whether the required constitutional declaration had been transmitted to the National Assembly, while some lawmakers also called for the National Assembly to reconvene to examine the issue.
Human rights lawyer Inibehe Effiong separately argued that Section 145 requires a formal transfer of presidential authority when the President proceeds on vacation, although that is his legal interpretation of the constitutional provision.
The Presidency, however, has maintained that Tinubu has continued to direct government affairs despite being outside the country.
Onanuga said the President had remained in contact with officials in Nigeria and had undertaken official engagements during his stay in Europe.
The Presidency has also pointed to Tinubu’s meetings in France, including discussions surrounding the proposed $7 billion Gateway Deep Seaport in Ogun Waterside, as evidence of his official activities while abroad.
The State House previously said Tinubu had continued directing the affairs of the country during the working vacation and had delegated Vice President Kashim Shettima to represent him at certain official engagements, including the 81st United Nations General Assembly.
According to the Presidency, Tinubu is expected to return to Nigeria this week ahead of activities marking the country's 66th Independence Anniversary.
Onanuga said the President would also attend the Lagos premiere of a movie commemorating the late MKO Abiola.
The disagreement over Tinubu’s absence has therefore shifted beyond the question of where the President is staying to a broader debate over the constitutional procedure for presidential vacations and the respective roles of the President, Vice President and National Assembly.
Everest’s comments represent his personal political criticism of the situation and are not, by themselves, evidence that the Constitution has been suspended. The constitutional question over whether the appropriate Section 145 procedure was followed remains a matter of public and legal debate.
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