Some members of the House of Representatives under the Save Democracy Group (SDG) have called on the National Assembly to reconvene immediately to address what they described as constitutional concerns surrounding President Bola Ahmed Tinubu’s prolonged absence from Nigeria.
The lawmakers also urged the Senate and House of Representatives to establish whether Tinubu transmitted the written declaration required under Section 145 of the 1999 Constitution to Senate President Godswill Akpabio and Speaker Tajudeen Abbas.
The SDG made the demand in a statement issued on Wednesday and signed by its leaders, Awaji-Inombek Abiante and Abubakar Kusada.
The call followed the expiration of the three-week vacation initially announced for Tinubu, who departed Abuja on August 30 for Europe. The Presidency later announced on September 21 that the President had extended his stay by a few days and was expected to return at the weekend.
According to the lawmakers, Section 145 requires a President proceeding on vacation or otherwise unable to perform his duties to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives.
They further cited the provision that allows the National Assembly, where the President fails to transmit such a declaration within 21 days, to mandate the Vice-President to perform the functions of President as Acting President through resolutions passed by simple majorities in both chambers.
The SDG said the key concern was not whether Tinubu remained in contact with government officials while abroad but whether the constitutional process had been followed.
“If it was transmitted, the President of the Senate and the Speaker of the House of Representatives should immediately make that fact clear to Nigerians,” the lawmakers said.
They argued that communication with officials from abroad could not replace the constitutional requirement.
“The Constitution cannot be replaced by assurances that the president remains in communication with officials or continues to issue directives from abroad.
“The question is not whether modern technology allows the President to work from another country. The question is whether the Constitution has been obeyed,” the group stated.
During Tinubu’s absence, Vice-President Kashim Shettima has represented him at some official functions and is currently in New York for the 81st United Nations General Assembly, where he is scheduled to deliver Nigeria’s national statement.
The Presidency has maintained that Tinubu remains in regular contact with officials in Nigeria and continues to direct government affairs despite his absence from the country.
Secretary to the Government of the Federation, George Akume, has also represented the President at some official engagements.
The SDG consequently urged Akpabio and Abbas to reconvene both chambers and publicly state whether the required declaration was received.
The lawmakers further asked the National Assembly to invoke the provisions of Section 145(2) and pass the necessary resolutions mandating Shettima to act as President if it establishes that no declaration was transmitted within the stipulated 21-day period.
The group maintained that constitutional responsibilities should not be left to political discretion.
“The National Assembly cannot insist that citizens obey the Constitution while treating its own express constitutional responsibilities as optional,” it said.
The lawmakers also referenced Botswana’s constitutional arrangement, under which the Vice-President assumes presidential functions when the President is temporarily away, while acknowledging that the constitutional systems of the two countries are different.
According to the SDG, the Botswana example highlights the need for a clear and formal mechanism governing presidential authority.
“Constitutional continuity should be clear, formal and transparent, not left to assumption,” the group said.
The lawmakers insisted that the matter should be resolved through constitutional procedures rather than political interpretations.
“If the President has complied with Section 145, Nigerians should be informed accordingly. If he has not, the Constitution provides the next step,” the group added.
