The African Action Congress has asked the Federal High Court in Abuja to determine whether President Bola Tinubu complied with the constitutional procedure for transferring presidential functions during his extended stay in Europe.
The opposition party filed the suit against Tinubu and other senior government officials over what it described as the failure to formally hand over presidential duties to Vice-President Kashim Shettima.
The case was filed on Monday by AAC National Legal Adviser, Inibehe Effiong. Reports have identified the suit as FHC/ABJ/CS/2353/2026, although some accounts give the number as FHC/ABJ/CS/2358/2026.
The defendants include Tinubu, Attorney-General of the Federation and Minister of Justice Lateef Fagbemi, Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abbas and the National Assembly.
The party is asking the court to interpret Section 145(1) of the 1999 Constitution. Specifically, it wants a determination on whether a president can leave the country on vacation without sending a written declaration to the Senate President and Speaker of the House.
According to the AAC, Tinubu left Nigeria for Europe on August 30, 2026, and remained abroad until September 28 without transmitting the declaration required under the Constitution.
The party wants the court to determine whether the alleged omission amounted to a constitutional violation and breached the President’s oath of office.
The AAC has also raised questions about the role of the National Assembly.
It argues that lawmakers should have taken steps to enable Shettima to perform presidential duties after Tinubu’s absence passed the 21-day period mentioned in Section 145(2).
The party is therefore asking the court to determine whether the National Assembly failed to discharge a constitutional responsibility.
Among the reliefs sought by the AAC is a declaration that a president must formally notify the leadership of both chambers of the National Assembly before proceeding on vacation.
The party is also seeking an injunction that would prevent Tinubu from taking future vacations without first complying with the constitutional requirement.
Tinubu departed Nigeria on August 30 for what the Presidency described as a working vacation.
The Presidency has maintained that the President continued to oversee government affairs while abroad and remained in communication with officials.
The court has yet to rule on the issues raised in the suit. The AAC’s claims that Tinubu and the National Assembly breached constitutional provisions therefore remain allegations awaiting judicial determination.
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