The African Action Congress has filed an originating summons at the Federal High Court in Abuja against President Bola Tinubu, the Attorney General of the Federation and the National Assembly over the President’s holiday in Europe without a formal transfer of power to Vice President Kashim Shettima.
The papers, dated 28 September 2026, were taken out by Inibehe Effiong of Inibehe Effiong Chambers for the party, whose address is House TD7, Global Estate, Apo Primary, Abuja.
The suit asks the court to decide three questions.
The first is whether a purposive reading of Section 145(1) of the 1999 Constitution as amended allows the President to go on holiday for any period, inside or outside Nigeria, without sending a written declaration to the President of the Senate and the Speaker of the House of Representatives so that the Vice President can act as President.
The second is whether the President’s holiday in Europe from 30 August 2026 to 28 September 2026, the day the action was filed, without that declaration, is unconstitutional, unlawful, undemocratic and a breach of his oath of office.
The third is whether the National Assembly’s failure to meet and pass a resolution authorising the Vice President to perform the functions of President after the holiday had lasted more than twenty one days is unlawful, unconstitutional and a breach of the duty placed on the legislature by Section 145(2) of the Constitution.
If those questions are answered in the party’s favour, the AAC seeks matching declarations.
It asks the court to hold that Section 145(1) requires the President to transmit a written declaration before any holiday.
It further seeks a declaration that the failure to do so before the trip to Europe between 30 August and 28 September 2026 was undemocratic and a gross violation of the Constitution.
A third declaration is sought that the National Assembly acted unlawfully by not passing a resolution after more than twenty one days of the President’s absence.
The party also asks for a perpetual injunction restraining the President from any further holiday, inside or outside Nigeria, unless the written declaration has first been sent to the Senate President and the Speaker.
The court is invited to make any other order it considers just.
An affidavit sworn by the party’s National Secretary, Oshiokhue Philip Ikpeminoghena, states that President Tinubu left Nigeria on 30 August 2026 and announced an extension of the holiday on 21 September 2026 without offering a cogent reason.
The affidavit records that Senate President Godswill Akpabio, rather than carrying out his constitutional duty, said he had gone to the Prayer Ground of Saint Padre Pio in San Giovanni Rotondo, Italy, to pray for the country.
The defendants are President Tinubu, Attorney General Lateef Fagbemi SAN, Senate President Godswill Akpabio, Speaker Tajudeen Abass and the National Assembly.
Omoyele Sowore, the AAC candidate for the 2027 presidential election, was present when the papers were filed.
No date has been fixed for the hearing.
By A.Ikechukwu
