Popular Presidential Candidate Demands National Assembly Remove Tinubu Over Extended Vacation, Mandate Shettima As Acting President
Sowore made the demand in a statement following President Bola Ahmed Tinubu’s extension of his vacation in Europe after the expiration of the three-week leave initially announced by the Presidency.
Presidential candidate of the African Action Congress (AC), 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 in a statement following President Bola Ahmed Tinubu’s extension of his vacation in Europe after the expiration of the three-week leave initially announced by the Presidency.
Tinubu departed Nigeria on August 30 for a three-week vacation in Europe. The Presidency announced on September 21 that he had extended the vacation by a few days and was expected to return to Nigeria at the weekend.
The Presidency said Tinubu had remained in contact with officials in Nigeria and continued to direct the affairs of the country while away, including ordering an independent investigation into the deaths of 37 suspected illegal miners in NSCDC custody in Niger State.
It also said Tinubu had delegated Shettima to represent him at some official functions, while the Vice-President was in New York for the 81st United Nations General Assembly.
However, Sowore argued that Tinubu’s continued absence beyond the 21-day period triggers the provisions of Section 145(2).
He said the Constitution requires a president proceeding on vacation or otherwise unable to discharge his functions to transmit a written declaration to the Senate President and Speaker of the House of Representatives.
“Whenever the President proceeds on vacation, he shall transmit a written declaration to the Senate President and Speaker of the House, enabling the Vice-President to perform presidential functions as Acting President,” Sowore said, quoting the constitutional provision.
He added that where the President fails to transmit such a declaration within 21 days, Section 145(2) requires the National Assembly to act.
“Where the President fails or is unable to transmit that declaration within 21 days, Section 145(2) says the National Assembly shall, by simple majority in each House, mandate the Vice-President to perform those functions,” he said.
The text of Section 145(2) provides that if the President fails or is unable to transmit the required 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 until the President formally communicates that he is available to resume his functions.
Sowore said there had been no public confirmation that Tinubu had transmitted the declaration required under Section 145(1).
“As of today, no Section 145 declaration transferring presidential functions to Vice-President Shettima has been publicly established,” he said.
He also rejected the argument that Tinubu’s description of his absence as a “working vacation” created an exception to the constitutional provision.
“The Presidency cannot invent a ‘working vacation’ exception that does not appear in the Constitution,” Sowore said.
“Its claim that Tinubu continues to ‘direct the affairs of the nation’ from abroad does not answer the constitutional question. Indeed, the Presidency’s own statement says Tinubu remains on vacation while merely ‘delegating’ Shettima to represent him at certain functions.”
Sowore called on Senate President Godswill Akpabio and House Speaker Tajudeen Abbas to clarify whether they had received the required declaration from Tinubu.
“Senate President @Godswill Akpabio and Speaker Tajudeen Abbas must immediately tell Nigerians whether they received the declaration required by Section 145(1),” he said.
“If they did not, the 21-day threshold has passed, and the National Assembly must begin the process prescribed by Section 145(2) to mandate Vice-President Kashim Shettima to perform the functions of the President as Acting President.”
He said the issue was no longer simply about Tinubu’s vacation but about compliance with the Constitution.
“It is about whether Nigeria will be governed according to its Constitution,” Sowore said.
“The 21 days have expired. The National Assembly must act now.”