The African Action Congress (AAC) has filed a suit against President Bola Tinubu, the National Assembly and the Attorney-General of the Federation over the President’s alleged failure to transmit a written declaration to the National Assembly before embarking on his extended stay in Europe.
The suit was filed at the Federal High Court in Abuja on Monday.
The case, marked FHC/ABJ/CS/2358/2026, lists Tinubu, the Attorney-General of the Federation, Senate President Godswill Akpabio, Speaker of the House of Representatives Abbas Tajudeen and the National Assembly as defendants.
The AAC is asking the court to determine whether Tinubu breached Section 145(1) of the 1999 Constitution by leaving Nigeria without notifying the Senate President and the Speaker of the House of Representatives in writing before proceeding on vacation.
The party claimed that Tinubu left Nigeria for Europe on August 30 and remained outside the country when the suit was filed.
According to the AAC, Section 145(1) requires the President to transmit a written declaration to the presiding officers of the National Assembly whenever he is proceeding on vacation or is otherwise unable to discharge his functions.
The party is asking the court to determine whether the requirement applies regardless of the length of the President’s absence.
It also wants the court to declare that the alleged failure to transmit the written declaration was a violation of the Constitution.
The AAC further asked the court to determine whether the President can proceed on vacation without first making the declaration required under Section 145.
The suit also challenges the National Assembly’s handling of the President’s absence.
The AAC argued that the National Assembly should have invoked Section 145(2) after Tinubu’s absence exceeded 21 days.
It wants the court to determine whether the alleged failure of the National Assembly to convene and pass a resolution mandating the Vice-President to perform the functions of President was unlawful and unconstitutional.
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Section 145 provides for the Vice-President to perform the functions of President as Acting President under circumstances where the required declaration has not been transmitted within the period specified by the Constitution.
AAC seeks order on future vacations
The party is also asking the court for an order restraining Tinubu from embarking on future vacations, whether within or outside Nigeria, without first transmitting the required written declaration to the Senate President and the Speaker of the House.
The suit was filed pursuant to Order 3 Rule 9 of the Federal High Court (Civil Procedure) Rules, 2019, as well as Sections 6 and 145 of the Constitution.
Inibehe Effiong of Inibehe Effiong Chambers filed the case on behalf of the AAC.
The originating summons directs the defendants to enter an appearance within 30 days of being served with the court processes.
No date has been fixed for hearing of the suit.