ABUJA: African Action Congre (ACC) has taken President Bola Tinubu and other top government officials to court over the alleged failure to formally transfer presidential functions to Vice President Kashim Shettima during the President’s extended absence from Nigeria.
The party filed a suit before the Federal High Court in Abuja, asking the court to determine whether President Tinubu was constitutionally required to transmit a written declaration to the National Assembly before extending his vacation outside the country.
The suit, filed on Monday by AAC National Legal Adviser and human rights lawyer, Inibehe Effiong, also challenges the alleged failure of the National Assembly to pass a resolution authorising Shettima to perform the functions of Acting President after the period provided under Section 145(1) of the 1999 Constitution.
The case, marked FHC/ABJ/CS/2353/2026, seeks a declaration that the alleged failure or refusal by Tinubu to transmit the required written declaration to the Senate President and Speaker of the House of Representatives is unlawful and unconstitutional.
The party is also asking the court to determine whether the National Assembly acted contrary to the Constitution by failing to pass a resolution enabling Shettima to assume presidential functions after Tinubu’s vacation extended beyond 21 days.
According to an affidavit filed in support of the case, AAC National Secretary Oshiokhue Philip Ikpeminoghena said Tinubu travelled out of Nigeria on August 30, 2026, before subsequently announcing an extension of his vacation on September 21.
Beyond the immediate dispute, the AAC is asking the court to issue a perpetual injunction preventing Tinubu and future presidents from proceeding on vacation without complying with the provisions of Section 145(1) of the Constitution.
The party is equally seeking an order directing relevant constitutional authorities to comply with the provisions governing the transfer of presidential functions whenever the President is unable to perform his duties.
The lawsuit puts the interpretation and application of Section 145(1) of the 1999 Constitution at the centre of the dispute, particularly the circumstances under which the Vice President may assume the functions of Acting President when the President is away from the country for an extended period.
The court is therefore being asked to determine the constitutional requirements surrounding the transfer of presidential functions in such circumstances.
AAC’s 2027 presidential candidate, Omoyele Sowore, was present at the Federal High Court in Abuja to witness the filing of the case.
The defendants joined in the suit include President Tinubu, Attorney-General of the Federation and Minister of Justice Lateef Fagbemi, SAN, Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abbas and the National Assembly.
As of Monday, no date had been fixed for the hearing of the suit.
The case could place the constitutional procedure for transferring presidential powers during an extended absence under further judicial scrutiny as the Federal High Court considers the issues raised by the AAC.
