Former Vice President Atiku Abubakar has asked the Presidency and the National Assembly to clarify who is constitutionally exercising the powers of President Bola Ahmed Tinubu following the expiration of the 21-day period initially announced for his vacation.
Tinubu departed Nigeria on August 30 for a three-week annual vacation in Europe, while Vice President Kashim Shettima has also been outside the country on official engagements, including his representation of Nigeria at the 81st United Nations General Assembly in New York.
In a statement personally signed and issued on Monday, Atiku said the development had raised questions over compliance with Section 145 of the 1999 Constitution, particularly regarding the transfer of presidential powers when the President is away for an extended period.
He noted that the Constitution 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 beyond the stipulated period or when unable to perform the functions of his office.
According to Atiku, Nigerians had yet to see any such declaration transferring presidential authority to Shettima.
“President Tinubu left Nigeria on 30 August. The Presidency publicly announced a three-week vacation. Yet, to date, Nigerians have not been shown any constitutional letter transmitting presidential authority to Vice President Kashim Shettima,” he said.
“The 21 days have now elapsed. If such a letter exists, the Presidency should publish it immediately.”
Atiku, who is the African Democratic Congress presidential candidate for the 2027 election, also cited Section 145(2), which he said provides a procedure for the National Assembly to empower the Vice President to act as President where the required declaration is not transmitted within 21 days.
He therefore called on the National Assembly to clarify whether the constitutional mechanism had been activated.
“If it does not, then the constitutional mechanism contemplated by Section 145(2) has been triggered, and the National Assembly owes Nigerians an explanation as to why it has not acted,” Atiku stated.
“This is not a matter of political convenience. It is a matter of constitutional order.”
The former Vice President also questioned the situation surrounding Shettima’s presence in New York, where he is representing Nigeria at the United Nations General Assembly.
“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?” Atiku asked.
He argued that presidential social media updates and reports of the President’s engagements abroad could not replace the constitutional process for the transfer of presidential authority.
“Nigeria cannot be governed by assumptions. It cannot be governed by presidential social-media posts from Europe.
“It cannot be governed by photographs from private dinners at the Élysée Palace.
“It cannot be governed on autopilot,” he said.
Atiku further argued that Tinubu’s presence was needed in Nigeria amid recent developments, including the reported deaths of 37 Nigerians in the custody of the Nigeria Security and Civil Defence Corps in Minna.
He also expressed concern over petrol prices, claiming that the commodity was selling for as much as ₦1,500 per litre in some parts of the country.
“These are not ordinary times. Yet the President is abroad. The Vice President is abroad.
“The Senate President is abroad. And Nigerians have not been told, in the clear constitutional language required of a serious democracy, who is exercising the powers of the President,” Atiku said.
While acknowledging the diplomatic significance of Tinubu’s private dinner with French President Emmanuel Macron, Atiku argued that the country’s governance responsibilities should continue in accordance with the Constitution.
“President Tinubu’s private dinner with President Emmanuel Macron in Paris may serve diplomatic purposes. But Nigeria itself cannot be placed on vacation.
“The Constitution does not recognise a ‘working vacation’ as an alternative system of presidential succession.
“It provides a procedure. That procedure must be obeyed,” he added.
Atiku therefore called on the Presidency to disclose whether Tinubu transmitted the declaration required under Section 145(1) before leaving the country.
He also urged the Senate President and the Speaker of the House of Representatives to state whether they received such a communication.
“If no declaration was transmitted within the constitutionally stipulated period, the National Assembly must explain why the procedure provided by Section 145(2) has not been activated,” he said.
Atiku concluded that the issue was not simply about the President’s whereabouts but about establishing who is constitutionally responsible for exercising presidential powers.
“Nigeria is bigger than any President.
“At a time of severe economic hardship, rising energy costs, security challenges and the shocking deaths of citizens in government custody, the country deserves visible, accountable and constitutionally grounded leadership.
“The question will not disappear: Who, constitutionally, is in charge of Nigeria?” he asked.
