Nigeria Can Not Be On Vacation, Who Is In Charge? Atiku Asks As Tinubu’s Leave Ends

Former Vice President Atiku Abubakar has asked the Presidency and the National Assembly to clarify who is constitutionally exercising the powers of President Bola Ahmed Tinubu following the expiration of the 21-day period announced for the President’s annual vacation.

Naija News recalls that Tinubu left Nigeria on August 30 for a three-week annual vacation in Europe. The President’s absence coincided with Vice President Kashim Shettima’s official engagements outside the country, including his current representation of Nigeria at the 81st United Nations General Assembly in New York.

In a personally signed statement on Monday, Atiku argued that the expiration of the 21-day period had raised questions under Section 145 of the 1999 Constitution regarding the transfer of presidential powers.

Section 145(1) provides for the President to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives when proceeding on vacation extending beyond a specified period or when otherwise unable to perform the functions of his office.

Atiku said Nigerians had not been shown any such declaration transferring presidential functions to Shettima.

“President Tinubu left Nigeria on 30 August. The Presidency publicly announced a three-week vacation. Yet, to date, Nigerians have not been shown any constitutional letter transmitting presidential authority to Vice President Kashim Shettima.

“The 21 days have now elapsed. If such a letter exists, the Presidency should publish it immediately,” Atiku said.

The 2027 African Democratic Congress (ADC) presidential candidate, said the constitutional provision also addresses a situation where the President fails to transmit the required declaration.

He referred to Section 145(2), which provides that where the President is unable or fails to transmit the declaration within 21 days, the National Assembly can, by a simple majority in each chamber, mandate the Vice President to perform the functions of President as Acting President.

Atiku therefore asked the National Assembly to explain whether the constitutional procedure had been activated.

“If it does not, then the constitutional mechanism contemplated by Section 145(2) has been triggered, and the National Assembly owes Nigerians an explanation as to why it has not acted.

“This is not a matter of political convenience. It is a matter of constitutional order,” he said.

Atiku further drew attention to Shettima’s presence in New York, where he is leading Nigeria’s delegation to the 81st United Nations General Assembly based on the President’s directive.

Atiku said the situation raised a question about who was exercising presidential authority in Nigeria and under what constitutional instrument.

“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?” he asked.

The former Vice President also criticised what he described as reliance on informal indications of presidential activity while the President remains abroad.

“Nigeria cannot be governed by assumptions. It cannot be governed by presidential social-media posts from Europe.

“It cannot be governed by photographs from private dinners at the Élysée Palace.

“It cannot be governed on autopilot,” he said.

Atiku also said President Tinubu should be in the country at a time like this, linking his concerns to recent domestic developments in the country, including the deaths of 37 Nigerians in the custody of the Nigeria Security and Civil Defence Corps in Minna.

He said the incident had led to investigations, suspensions and calls for independent scrutiny.

He also raised concerns about petrol prices, claiming that the product was selling for as much as ₦1,500 per litre in some parts of the country.

“These are not ordinary times. Yet the President is abroad. The Vice President is abroad.

“The Senate President is abroad. And Nigerians have not been told, in the clear constitutional language required of a serious democracy, who is exercising the powers of the President,” Atiku said.

Atiku acknowledged the diplomatic significance of Tinubu’s private dinner with French President Emmanuel Macron in Paris but argued that Nigeria’s governance responsibilities could not be suspended while the President was abroad.

“President Tinubu’s private dinner with President Emmanuel Macron in Paris may serve diplomatic purposes. But Nigeria itself cannot be placed on vacation.

“The Constitution does not recognise a ‘working vacation’ as an alternative system of presidential succession.

“It provides a procedure. That procedure must be obeyed,” he argued.

Atiku consequently called on the Presidency to disclose whether Tinubu transmitted the declaration required under Section 145(1) before leaving Nigeria.

He also asked the President of the Senate and the Speaker of the House of Representatives to state whether they received such a communication.

“If no declaration was transmitted within the constitutionally stipulated period, the National Assembly must explain why the procedure provided by Section 145(2) has not been activated,” he said.

Atiku concluded that the issue was bigger than the President’s personal movements, arguing that Nigerians were entitled to know who was constitutionally responsible for the exercise of presidential powers.

“Nigeria is bigger than any President.

“At a time of severe economic hardship, rising energy costs, security challenges and the shocking deaths of citizens in government custody, the country deserves visible, accountable and constitutionally grounded leadership.

“The question will not disappear: Who, constitutionally, is in charge of Nigeria?” Atiku questioned.