ABUJA: Human rights lawyer Inibehe Effiong has raised constitutional concerns over the simultaneous absence of President Bola Tinubu and Vice President Kashim Shettima from Nigeria, arguing that the situation requires clarification under Section 145 of the 1999 Constitution.
Effiong made the argument on Channels Television’s The Morning Brief on Tuesday while discussing the constitutional implications of Tinubu’s extended stay outside Nigeria and Shettima’s trip to New York to represent the country at the 81st United Nations General Assembly.
The debate comes as Tinubu remains in Europe after travelling out of Nigeria on August 30 for a working vacation, while Shettima is in the United States leading Nigeria’s delegation to the UN General Assembly.
The Presidency announced on Monday that Tinubu had extended his stay abroad by a few days and was expected to return to Nigeria at the weekend.
Effiong argued that Section 145 provides a constitutional mechanism for the transfer of presidential functions when the President proceeds on vacation or is otherwise unable to discharge the functions of his office.
According to him, presidential powers include constitutional responsibilities that cannot simply be transferred informally.
He said the provision requires the President to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives when proceeding on vacation or when unable to perform the functions of his office.
Under the provision cited by the lawyer, the Vice President performs the functions of President as Acting President following such a declaration.
Effiong further argued that the Constitution provides a procedure where the President fails to transmit the declaration within 21 days, with the National Assembly empowered to mandate the Vice President to perform the functions of President as Acting President.
The lawyer said more than 21 days had elapsed since Tinubu left Nigeria and questioned whether the constitutional procedure had been followed.
He described the situation as an alleged failure to comply with the constitutional framework and called on the National Assembly to address the matter.
Effiong also challenged lawmakers to demonstrate their constitutional independence by examining the circumstances surrounding the President’s prolonged absence and the Vice President’s simultaneous absence from the country.
His comments represent a legal and political interpretation of Section 145 rather than a judicial determination that the Constitution has been violated.
The Federal Government has maintained that there is no disruption to the running of government and that Shettima is representing Nigeria at the UN General Assembly with the full mandate of President Tinubu.
In a statement issued by the Minister of Information and National Orientation, Mohammed Idris, the government said Shettima was authorised to lead Nigeria’s delegation and participate in high-level meetings and bilateral engagements during the UNGA.
The Federal Government said the Vice President would advance Nigeria’s priorities on peace and security, economic development, climate action, sustainable development, international cooperation and reforms to the global financial system.
The government also described Tinubu’s decision to delegate Shettima to the UN General Assembly as neither unusual nor a reduction in Nigeria’s diplomatic standing.
The Presidency has also said Tinubu has remained in contact with officials in Nigeria and continues to direct government affairs while abroad.
Special Adviser to the President on Information and Strategy, Bayo Onanuga, said the President extended his working vacation by a few days and was expected back in Nigeria at the weekend.
The Presidency has further indicated that Secretary to the Government of the Federation, George Akume, would continue to represent the President at official engagements while Shettima is attending the UN General Assembly.
The Federal Government has separately maintained that Nigeria is fully represented at the UNGA, with Shettima carrying the President’s mandate at the international gathering.
The issue has also attracted criticism from former Vice President Atiku Abubakar, the African Democratic Congress presidential candidate.
Atiku has questioned whether the constitutional procedure under Section 145 was followed when Tinubu left Nigeria and has called for clarification over who is exercising presidential functions while both the President and Vice President are outside the country.
The former Vice President argued that the Constitution provides a specific procedure for presidential vacations and questioned whether the required written declaration had been transmitted to the leadership of the National Assembly.
The Federal Government, however, has rejected suggestions that governance has been disrupted, insisting that Tinubu remains in charge and that Shettima is representing him at the UN General Assembly with full presidential authority.
Constitutional Debate Intensifies
The controversy has therefore centred on the interpretation and application of Section 145, particularly the circumstances under which a President’s absence requires a formal transmission of presidential functions.
While Effiong and other critics have raised questions about the constitutional procedure, the Presidency’s position is that Tinubu remains able to direct government affairs and that his delegation of responsibilities to Shettima does not amount to a loss of presidential authority.
The disagreement leaves the constitutional interpretation as a subject of continuing public and legal debate, with calls from critics for greater disclosure concerning the formal status of presidential powers during Tinubu’s extended absence
