A fresh political and constitutional debate has emerged over President Bola Ahmed Tinubu’s continued absence from Nigeria, with the African Democratic Congress (ADC), Oyo State Governor Seyi Makinde, former Vice President Atiku Abubakar, and activist Omoyele Sowore questioning why presidential powers have not publicly been transferred to Vice President Kashim Shettima.
Tinubu left Nigeria on August 30, 2026, for what the Presidency described as a working vacation. His stay abroad has now gone beyond 21 days. The Presidency announced on September 21 that he had extended his stay and was expected back at the weekend.
ADC asks: Who is exercising presidential powers?
The ADC has asked the Presidency and National Assembly to clarify whether Tinubu transmitted the written declaration referred to under Section 145 of the 1999 Constitution.
The party’s National Publicity Secretary, Bolaji Abdullahi, said the public should know whether the required declaration was transmitted after the President left Nigeria.
The controversy has become more pronounced because Tinubu and Shettima are both currently outside Nigeria. Shettima is in New York leading Nigeria’s delegation to the United Nations General Assembly.
Makinde questions the arrangement
Oyo State Governor Seyi Makinde also questioned why presidential power was not transmitted to Shettima.
Makinde said that when he travels outside the country for vacation for more than 21 days, he transmits power to his deputy.
He argued that the same principle should apply at the federal level and said the Constitution provides for the transmission of presidential functions when the President is unable to perform his duties.
Sowore calls for National Assembly action
Omoyele Sowore has also asked the National Assembly to consider the provisions of Section 145.
He argued that if the required declaration was not transmitted within the constitutional period, the National Assembly should consider the procedure provided under Section 145(2) concerning the Vice President performing presidential functions as Acting President.
Presidency maintains that government is functioning
The Presidency has rejected suggestions that Nigeria is without effective presidential leadership.
It has said Tinubu remains engaged with government affairs while abroad. The government has also defended Shettima’s presence at the UN General Assembly, saying he is representing the President and Nigeria with a full mandate.
Senate President Godswill Akpabio has likewise said there is no vacancy in the presidency and maintained that Tinubu continues to direct government affairs from abroad.
What does Section 145 say?
Section 145(1) states that when the President proceeds on vacation or is otherwise unable to perform his functions, he is to transmit a written declaration to the Senate President and Speaker of the House.
Section 145(2) provides a mechanism involving the National Assembly if the President is unable or fails to transmit the declaration within 21 days.
There is, however, a legal debate over how the two provisions should be interpreted. Constitutional lawyers have offered different views on whether the 21-day provision represents a period before the National Assembly can intervene or whether the written declaration is required immediately upon the President proceeding on vacation.
The bigger question
The current dispute is therefore not simply about Tinubu being outside Nigeria.
It is about how presidential authority is exercised when both the President and Vice President are outside the country, and whether the constitutional procedure for such an absence has been followed.
The Presidency, ADC, Makinde and other political actors are presenting different positions. The clearest resolution would come from the relevant constitutional authorities providing the public with the facts about whether a Section 145 declaration was transmitted and, if so, its effect.
Monafrika’s Take
The issue deserves public attention because constitutional procedures are designed to provide clarity over who exercises executive authority at any given time.
The current disagreement can be settled more effectively through official documentation and a clear constitutional explanation rather than political arguments.
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