The African Action Congress (AAC) has sued President Bola Tinubu and the National Assembly over the President’s prolonged stay outside Nigeria and the alleged failure to formally transfer presidential functions to Vice President Kashim Shettima.
The suit was filed on Monday at the Federal High Court in Abuja by AAC National Legal Adviser, Inibehe Effiong.
The party also joined Attorney-General of the Federation, Lateef Fagbemi; Senate President, Godswill Akpabio; and House of Representatives Speaker, Tajudeen Abbas, as defendants.
According to the AAC, Tinubu left Nigeria for Europe on August 30, 2026, for a working vacation and later extended his stay.
The Presidency had said he continued to perform his official duties from abroad.
The party is asking the court to determine whether Tinubu was required under Section 145(1) of the 1999 Constitution to transmit a written declaration to the Senate President and the Speaker of the House before proceeding on vacation.
The AAC also wants the court to determine whether the National Assembly was required to pass a resolution authorising Shettima to perform the functions of Acting President after Tinubu’s absence exceeded 21 days.
The party is seeking an order restraining Tinubu and future presidents from proceeding on vacation without complying with the constitutional provisions on the transfer of presidential functions.
The suit further asks the court to interpret whether a President can proceed on vacation without first transmitting the required written declaration to the National Assembly.
No date has been fixed for hearing of the case.
The Presidency has maintained that Tinubu can continue to perform his duties from abroad, while the court is now being asked to determine the constitutional questions raised by the AAC.
