Vacation: Atiku bombs Tinubu

By Idowu Kayode
Former Vice President Atiku Abubakar has challenged President Bola Ahmed Tinubu to explain who is constitutionally exercising presidential authority in Nigeria following the expiration of the three-week vacation announced for the President.
Tinubu departed Nigeria on August 30 for Europe for what the Presidency described as a three-week annual vacation. The Presidency said the trip was part of the President’s annual leave and described it as a working vacation.
But in a statement on Monday, Atiku questioned whether Tinubu transmitted the written declaration required under Section 145 of the 1999 Constitution to the President of the Senate and Speaker of the House of Representatives before leaving the country.
“Twenty-one days have come and gone since President Bola Ahmed Tinubu left Nigeria on what the Presidency described as a three-week annual vacation,” Atiku said.
“Today, Nigerians are entitled to ask a very simple constitutional question: Who is in charge of Nigeria?”
Atiku argued that Section 145 provides that whenever the President proceeds on vacation, he is required to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives, following which the Vice-President performs the functions of President as Acting President.
He further said the Constitution provides a mechanism for dealing with a situation where the President fails to transmit the declaration within 21 days.
According to him, Nigerians have not been shown any constitutional communication transferring presidential authority to Vice-President Kashim Shettima.
“President Tinubu left Nigeria on 30 August. The Presidency publicly announced a three-week vacation. Yet, to date, Nigerians have not been shown any constitutional letter transmitting presidential authority to Vice President Kashim Shettima,” he said.
“The 21 days have now elapsed. If such a letter exists, the Presidency should publish it immediately.”
Atiku said that if no such declaration was transmitted, the National Assembly should explain why the constitutional procedure under Section 145(2) had not been activated.
“If it does not, then the constitutional mechanism contemplated by Section 145(2) has been triggered, and the National Assembly owes Nigerians an explanation as to why it has not acted,” he said.
“This is not a matter of political convenience. It is a matter of constitutional order.”
The former Vice-President also raised concerns over Shettima’s absence from the country, noting that the Vice-President is currently in New York leading Nigeria’s delegation to the 81st United Nations General Assembly on Tinubu’s mandate.
“The situation is made even more disturbing by the fact that Vice President Shettima is himself presently in New York representing Nigeria at the United Nations General Assembly — the third consecutive UN General Assembly at which President Tinubu has delegated Nigeria’s representation to his deputy,” Atiku said.
“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?”
Atiku said the country could not be governed on assumptions or informal indications of the President’s activities while abroad.
“Nigeria cannot be governed by assumptions. It cannot be governed by presidential social-media posts from Europe.
“It cannot be governed by photographs from private dinners at the Élysée Palace.
“It cannot be governed on autopilot.”
He also cited recent domestic challenges, including the reported deaths of 37 Nigerians in Nigeria Security and Civil Defence Corps custody in Minna, Niger State, as well as rising petrol prices in parts of the country.
“These are not ordinary times. Yet the President is abroad. The Vice President is abroad. The Senate President is abroad,” Atiku said.
“And Nigerians have not been told, in the clear constitutional language required of a serious democracy, who is exercising the powers of the President.”
Atiku also questioned the significance of Tinubu’s engagements in France while the President remains outside Nigeria.
“President Tinubu’s private dinner with President Emmanuel Macron in Paris may serve diplomatic purposes. But Nigeria itself cannot be placed on vacation,” he said.
“The Constitution does not recognise a ‘working vacation’ as an alternative system of presidential succession.
“It provides a procedure. That procedure must be obeyed.”
The former Vice-President called on the Presidency to immediately disclose whether Tinubu transmitted the declaration contemplated under Section 145(1) before leaving Nigeria.
He also asked the Senate President and Speaker of the House of Representatives to state whether they received the communication.
“The Presidency should therefore tell Nigerians immediately whether President Tinubu transmitted the declaration contemplated by Section 145(1) before leaving the country,” Atiku said.
“The President of the Senate and the Speaker of the House should equally tell Nigerians whether such a communication was received.”
He added that if the required declaration was not transmitted within the stipulated period, the National Assembly should explain why the procedure under Section 145(2) had not been activated.
“Nigeria is bigger than any President. At a time of severe economic hardship, rising energy costs, security challenges and the shocking deaths of citizens in government custody, the country deserves visible, accountable and constitutionally grounded leadership.
“The question will not disappear: Who, constitutionally, is in charge of Nigeria?” Atiku said.