Nigerians Await Tinubu’s Return as Constitutional Process Draws Scrutiny

Nigerians are awaiting the return of President Bola Ahmed Tinubu. He is expected back at the weekend. He extended his working vacation in Europe by a few days. The Presidency says Tinubu has remained in touch with Nigeria while away. It says he continued directing government affairs. This includes ordering a probe into the deaths of 37 suspected illegal miners in NSCDC custody in Minna. Vice President Kashim Shettima is currently in New York leading Nigeria’s delegation to the 81st United Nations General Assembly.

As the President’s absence extends beyond the 21 days initially announced for his vacation, attention has turned to the constitutional procedure governing presidential authority during such an absence.

Tinubu’s Return to Nigeria: Why Section 145 is Trending

As the President’s absence extends beyond 21 days, attention has turned to the Constitution. The question is who holds presidential authority during this absence.

The Constitution provides for an Acting President during temporary absence:

145. (1) “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.

(2) In the event that the President is unable or fails to transmit the written declaration mentioned in subsection (1) of this section within 21 days, the National Assembly shall, by a resolution made by a simple majority of the vote of each House of the National Assembly, mandate the Vice-President to perform the functions of the office of the President as Acting President until the President transmits a letter to the President of the Senate and Speaker of the House of Representatives that he is now available to resume his functions as President.”

Section 145 Debate as Tinubu Vacation Continues

The African Democratic Congress (ADC) has called for clarification, asking: “Who presently exercises the constitutional powers of the President… and under what provision of the Constitution?” The party said, “Representation is not governance. Attendance at official functions is not presidential authority.”

Former Vice President Atiku Abubakar has similarly called for the constitutional position to be clarified, saying Nigerians have not been shown a letter transmitting presidential authority to Shettima.

Senate President Godswill Akpabio, however, says there is no vacancy.
“I am not the acting president, because the president is still in power,” he said. “Right now there is no vacancy. Asiwaju Bola Ahmed Tinubu is still in power, and still running the affairs of Nigeria.”

The focus now is on whether the constitutional process has been followed and whether the relevant official records will be made clear to Nigerians.

Featured image courtesy: Presidential Villa, State House via statehouse.gov.ng