The African Action Congress (AAC) has dragged President Bola Tinubu before a Federal High Court sitting in Abuja for embarking on a vacation to Europe without transmitting a written declaration to that effect to the President of the Senate and the Speaker of the House of Representatives, as mandated under Section 145(1) of the Constitution.
Listed as defendants in the suit, marked FHC/ABJ/CS/2353/2026, along with the President are the Attorney General of the Federation (AGF), the Senate President, the Speaker of the House of Representatives and the National Assembly.
The suit, filed on behalf of the party by its counsel, Mr Inibehe Effiong, seeks an order of perpetual injunction restraining the President from embarking on vacation abroad without transmitting a written declaration to the Senate President and the Speaker of the House of Representatives, as provided in the Constitution.
In the suit filed on 28 September, the party wants the court to declare that, by the express provision of Section 145(1) of the Constitution, the President is mandated to compulsorily transmit a written declaration to the Senate President and the Speaker of the House of Representatives before proceeding on vacation for any number of days.
It also seeks a declaration that the failure and refusal of the President to comply with the provisions of the Constitution before proceeding on vacation to Europe from 30 August to 28 September is undemocratic and a gross violation of the Constitution.
The plaintiff also seeks a declaration that the failure or refusal of the National Assembly to convene and pass a resolution to authorise the Vice President, upon the inability or failure of the President to transmit a written declaration to the Senate President and the Speaker after the President proceeded on vacation to Europe for more than 21 days, is unlawful, unconstitutional and a violation of the mandatory duty imposed on the National Assembly under Section 145(2) of the Constitution.
Addressing newsmen after filing the suit, Effiong said, “The AAC is not doing this because it believes that Shettima is better than President Tinubu. That is not our point. What we are saying is that this is the Constitution that binds all of us. Let the court determine whether the action of the President is right.
“As a matter of fact, as you are aware, on 21 September, Mr Bayo Onanuga issued a further statement announcing the extension of the President’s vacation.
“This was after the 21 days had elapsed. He said the vacation had been extended. Even as I speak to you, I am not aware that Nigerians have been told when the President is coming back to the country.
“The AAC, as part of its responsibility to uphold the rule of law as a political party that is ideologically driven, that believes in democracy, and that will form the next government, we have come to the court to say on behalf of the Nigerian people that the court should make those orders and, very importantly, issue a perpetual injunction so that future Presidents, including the current President, will no longer be able to proceed on vacation without handing over power to the Vice President as Acting President.
“The court will determine whether what we are saying is correct or not. That is what we are saying,” the AAC lawyer stated.
No date has been fixed for the hearing of the suit, which was filed on 28 September 2026.