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AAC Sues Tinubu, National Assembly Over Absence

Published September 28, 2026 at 6:21 PM

Key Takeaways

The African Action Congress has sued President Bola Tinubu, the National Assembly and the Attorney-General at the Federal High Court, Abuja, over his Europe trip.
In suit FHC/ABJ/CS/2358/2026 filed Monday, AAC asked the court to decide if Tinubu breached Section 145(one) by not notifying Senate President Godswill Akpabio and Speaker Abbas Tajudeen in writing.
AAC also accused the National Assembly of failing to invoke Section 145(two) after Tinubu’s absence passed 21 days, while defendants have 30 days to appear and no hearing date is fixed.

The African Action Congress (AAC) has instituted 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.

Naija News reports that the suit was filed before the Federal High Court in Abuja on Monday.

The party is asking the court to determine whether Tinubu breached Section 145(1) of the 1999 Constitution by leaving Nigeria without notifying the President of the Senate and the Speaker of the House of Representatives in writing before proceeding on vacation.

The case, marked FHC/ABJ/CS/2358/2026, lists Tinubu, the AGF, Senate President Godswill Akpabio, Speaker of the House of Representatives Abbas Tajudeen and the National Assembly as defendants.

The AAC claimed that Tinubu left Nigeria for Europe on August 30 and remained outside the country when the suit was filed.

It is seeking a declaration that Section 145(1) requires the President to transmit a written declaration to the Senate President and House Speaker before proceeding on vacation, regardless of the length of the absence.

The party wants the court to declare that the alleged failure to transmit the declaration was “undemocratic and a gross violation of the Constitution.”

The AAC is also asking the court to determine whether the President can proceed on vacation without making the required written declaration.

The party also faulted the National Assembly for allegedly failing to invoke Section 145(2) after the President’s absence exceeded 21 days.

It wants the court to declare that the National Assembly’s alleged failure to convene and pass a resolution mandating the Vice-President to perform the functions of President was “unlawful, unconstitutional and a violation of the mandatory duty imposed on the National Assembly under Section 145(2)” of the Constitution.

The constitutional provision provides a mechanism for the National Assembly to mandate the Vice-President to perform the functions of President as Acting President where the required declaration has not been transmitted within the stipulated period.

The AAC is further seeking an order of perpetual injunction 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.

The party filed the action 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.

The originating summons directs the defendants to enter an appearance within 30 days of service of the court processes.

Inibehe Effiong of Inibehe Effiong Chambers filed the case for the AAC. No date has been fixed for hearing of the suit.