President Tinubu’s Europe vacation lands him in court as AAC challenges refusal to hand over to Shettima

• President Bola Tinubu’s month-long Europe vacation has triggered a legal challenge from the African Action Congress.

• AAC is challenging Tinubu’s alleged failure to formally hand over power to Vice President Kashim Shettima.

• The suit seeks to prevent future presidents from embarking on vacations without complying with constitutional provisions on power transfer.

The party filed the suit through an Originating Summons on Monday, September 28, 2026, through its National Legal Adviser and Lagos-based human rights lawyer, Inibehe Effiong.

The suit, marked FHC/ABJ/CS/2353/2026, also lists Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abass and the National Assembly as defendants.

Effiong is asking the court to declare that Tinubu’s failure or refusal to transmit a written declaration to the Senate President and the Speaker of the House of Representatives violated Section 145(1) of the 1999 Constitution, as amended.

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The provision relates to the transfer of presidential functions when the President is unable to perform the duties of his office.

According to the AAC, Tinubu’s failure to transmit the declaration prevented the National Assembly from passing a resolution authorising Shettima to perform the functions of President as Acting President.

The party is also asking the court to declare the failure of the National Assembly to pass such a resolution after Tinubu’s vacation exceeded 21 days unconstitutional.

The AAC further wants the court to issue an order of perpetual injunction restraining Tinubu and future Presidents from proceeding on vacation without complying with Section 145(1) of the Constitution.

In a 30-paragraph affidavit deposed to by the party’s National Secretary, Oshiokhue Philip Ikpeminoghena, the AAC said Tinubu travelled out of Nigeria on August 30, 2026, for his vacation and announced an extension on September 21 without offering any cogent reason.

The party also criticised Akpabio’s conduct during the President’s absence.

According to the affidavit, the Senate President, instead of discharging his constitutional duties, announced that he had travelled to the Prayer Ground of St. Padre Pio in San Giovanni Rotondo, Italy, to pray for the country.

The AAC described Tinubu’s alleged failure to transfer power as “undemocratic” and “unlawful” and maintained that it violated the Constitution.

The party’s 2027 presidential candidate, Omoyele Sowore, was also present at the Federal High Court to witness the filing of the suit.

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