The African Action Congress (AAC) has dragged President Bola Tinubu, the National Assembly and the Attorney-General of the Federation before the Federal High Court in Abuja over the President’s extended stay in Europe.
The opposition party is asking the court to determine whether Tinubu breached Section 145(1) of the 1999 Constitution by leaving Nigeria without transmitting a written declaration to the President of the Senate and Speaker of the House of Representatives before proceeding on vacation.
The suit, marked FHC/ABJ/CS/2358/2026, also joined the Senate President, the Speaker and the National Assembly as defendants. It was filed on Monday by the party’s counsel, Inibehe Effiong.
The AAC claimed that Tinubu left Nigeria for Europe on August 30, 2026, and remained outside the country when the suit was filed.
It wants the court to declare that Section 145(1) requires the President to transmit a written declaration to the Senate President and House Speaker before proceeding on vacation, irrespective of the duration of the absence.
The party also challenged what it described as the National Assembly’s failure to act after the President’s absence exceeded 21 days.
It is asking the court to determine whether the National Assembly was required under Section 145(2) to convene and pass a resolution authorising Vice-President Kashim Shettima to perform the functions of President as Acting President.
The AAC is further seeking an order restraining Tinubu from embarking on future vacations, whether within or outside Nigeria, without first transmitting the required written declaration to the presiding officers of the National Assembly.
The party argued that the alleged failure to transmit the declaration constituted a violation of the Constitution, but the issue remains before the court for determination.
The suit directs the defendants to enter appearance within 30 days of being served with the court processes.
No date has been fixed for hearing.
