'Nigeria no longer has a president' — Tinubu's extended vacation sparks constitutional debate

• President Tinubu's decision to extend his "working vacation" in France has sparked constitutional debate over a vacuum in the Presidency.

• Tinubu departed Nigeria on August 30 on a 21-day "working vacation" which he has now extended by 5 days exceeding the 21 days provided for in the constitution, where he could leave the country without notice to the National Assembly.

• With Vice President Kashim Shettima in New York for the United Nations General Assembly, there are questions over the current governance structure. However, the Presidency insists that Tinubu is managing the nation's affairs from France.

In a recent appearance on Channels Television, Human Rights Lawyer Inehihe Effiong has asserted that there's a vacuum in the office of the President of the Federal Republic of Nigeria.

According to Effiong, President Tinubu's vacation, which has extended beyond the 21-day window permissible under section 145 of the Constitution of the Federal Republic of Nigeria as created a vacuum in the office of the President.

He added that there are specific powers in the Nigerian constitution that can only be exercised by the President and not the Vice President or cabinet ministers. Effiong argued that powers under Section 5 of the Constitution can only be exercised by the President, and Tinubu's extended vacation has created a vacuum in which the country is currently without leadership.

On August 30, President Tinubu departed Nigeria for a 21-day "working vacation" that included a brief stop in London before the 100 million dollars Presidential Jet feried him to France, where he has remained.

On Monday, September 21, just a day before the end of his "working vacation," the President's spokesman, Bayo Onanuga, announced via his X page that Tinubu had extended his vacation and was not expected back in Nigeria until the weekend.

The announcement has since sparked criticism over the simultaneous absence of both the President and his Vice President, Kashim Shettima, from the country. On September 20, Shettima led Nigeria's delegation to New York for the United Nations General Assembly, while Tinubu remained in Paris, where he was hosted to dinner by French President Emmanuel Macron. Tinubu also shared pictures of his meeting with the CEO of the Bolloré Group, Cyrille Bolloré.

Tinubu's absence at the UNGA has sparked controversy with many calling it an absence of leadership and a huge embarrassment to the country, especially since Tinubu was left in France by Macron, who departed the country for the meeting of nations.

The Presidency has however dismissed the criticisms, which they tagged as baseless. The President's spokesmen have also insisted that he has been managing the nation's affairs from France and has remained up to date with all relevant developments.

The Senate President, Godswill Akpabio, who only recently returned to the country after travelling to Rome, where he claimed to have prayed for Nigeria's prosperity, has also dismissed claims of a vacuum in the office of the president.

Despite the Presidency's stance and the backing from the Senate President, Tinubu's extended holiday, which has now surpassed the 21 days provided for by section 145 of the Constitution, creates more questions about the country's governance.

Section 145 of the Constitution states that whenever the President is proceeding on vacation, he shall transmit a written declaration to the President of the Senate or the Speaker of the House of Representatives.

The section further added that when the President fails to transmit the written declaration 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 the Speaker of the House of Representatives that he is now available to resume his functions as President.

(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 of the Constitution of the Federal Republic of Nigeria.

Tinubu's extended vacation and Shettima's absence from the country on official duty have created what Human Rights Lawyer Inebihe Effiong tags as a vacuum in the office of the presidency.

As of September 23, 2026, President Tinubu has spent 285 days away from Nigeria across official trips and vacations, with ₦8.74 billion earmarked for both international and local travels for both the President and Vice President in the 2026 budget. Tinubu's current vacation in France, which has become his preferred destination, has generated questions from Nigerians about the benefits of his numerous trips, especially given the billions of naira in taxpayers' money used to fund them and the current economic hardship.

President Tinubu is expected back in Nigeria over the weekend after a month away from the country. Upon his return, he will begin his reelection campaign ahead of the national elections in January 2027.