The African Action Congress (AAC) has instituted a lawsuit at the Federal High Court, Abuja Division, over President Bola Tinubu’s refusal to hand over power to Vice-President Kashim Shettima since he travelled to Europe on August 30, 2026.
The suit, tagged FHC/ABJ/CS/2353/2026 and dated September 28, 2026, was filed through an originating summons by the AAC’s national legal adviser, Inihebe Effiong.
The suit listed Mr Tinubu as the first defendant; Attorney-General of the Federation, Lateef Fagbemi, as the second defendant; Senate President, Godswill Akpabio, as the third defendant; Speaker of the House of Representatives, Abbas Tajudeen, as the fourth defendant and the National Assembly as the fifth defendant.
Mr Tinubu had left Nigeria for London, England, for a three-week working vacation as part of his annual leave and, after about a week, travelled to Paris, France, where he held meetings with President Emmanuel Macron and businessman Vincent Bolloré.
However, on September 21, when he was originally billed to return to Nigeria, the presidency announced the extension of Mr Tinubu’s vacation by a few more days, with his return to Nigeria expected last weekend. As of Monday, however, Mr Tinubu is yet to return.
Mr Effiong, in the suit, “is seeking a declaration that President Tinubu’s failure or refusal to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to enable the National Assembly to pass a resolution to authorise the Vice-President, Kashim Shettima, to perform the functions of the office of President as Acting President is undemocratic, unlawful and a violation of Section 145(1) of the 1999 Constitution (as amended).”
Section 145, subsection one, provides that, “Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his Office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice-President shall perform the functions of the President as Acting President.”
The Lagos-based lawyer said the AAC is also praying, “the Court to declare that the failure of the National Assembly to pass a resolution to enable Mr. Shettima to become the Acting President after Tinubu’s vacation exceeded 21 days is unconstitutional.
“The AAC also prayed the court to issue an order of perpetual injunction restraining President Tinubu and future Presidents from proceeding on vacation without complying with the provisions of Section 145(1) of the 1999 Constitution (as amended).”
AAC presidential candidate for the 2027 presidential election, Omoyele Sowore, was in court to witness the filing of the suit, but no date has been fixed yet for the hearing of the suit.
According to a 30-paragraph affidavit deposed to by the AAC national secretary, Oshiokhue Ikpeminoghena, the party expressed dissatisfaction that Mr Tinubu extended his vacation last Monday without offering any cogent reason.
Mr Ikpeminoghena, in the affidavit, also condemned Mr Akpabio for gleefully announcing that he had gone to the prayer ground of St. Padre Pio in San Giovanni Rotondo, Italy, to pray for Nigeria instead of discharging his constitutional duties.