Some members of the House of Representatives under the Save Democracy Group have called on the National Assembly to reconvene and determine whether President Bola Tinubu complied with the constitutional requirements governing his absence from Nigeria.
The lawmakers made the demand in a statement issued on Wednesday, following the extension of Tinubu’s overseas vacation beyond the three-week period initially announced by the Presidency.
Tinubu departed Nigeria on August 30 for London to begin what the Presidency described as a three-week working vacation. He later travelled to Paris, France, before the Presidency announced on September 21 that he had extended his stay by a few days and was expected to return to Nigeria at the weekend.
The lawmakers said Section 145(1) of the 1999 Constitution requires the President, whenever he proceeds on vacation or is 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.
According to them, Section 145(2) further provides that where the President fails to transmit the declaration within 21 days, the National Assembly shall, by a simple-majority resolution of both chambers, mandate the Vice-President to perform the functions of President as Acting President until the President communicates his availability to resume his duties.
The lawmakers therefore asked the Senate President and the Speaker of the House of Representatives to publicly clarify whether Tinubu transmitted the required declaration.
They said if the declaration was transmitted, the leadership of both chambers should make the information public.
However, if no declaration was transmitted within the stipulated period, the lawmakers urged the National Assembly to reconvene and take action in line with Section 145(2).
The group also argued that Tinubu’s continued communication with officials and issuance of directives from abroad does not, by itself, resolve the constitutional question raised by his extended absence.
“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 lawmakers said.
The statement was signed on behalf of the group by Awaji-Inombek Abiante, representing Andoni/Opobo-Nkoro Federal Constituency of Rivers State, and Abubakar Yahaya, representing Kankia/Ingawa/Kusada Federal Constituency of Katsina State.
The demand comes amid Tinubu’s continued stay in Europe, while Vice-President Kashim Shettima is also outside Nigeria attending the 81st United Nations General Assembly in New York.
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