ADC QUESTIONS TINUBU’S CONSTITUTIONAL STATUS OVER PROLONGED ABSENCE

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By: Fasasi Hammad

The African Democratic Congress (ADC) has called on the National Assembly to clarify the constitutional status of President Bola Ahmed Tinubu following his prolonged absence from Nigeria.

In a statement issued by its National Publicity Secretary, Bolaji Abdullahi, the opposition party questioned whether the constitutional procedure for transferring presidential functions had been followed after Tinubu stayed outside the country for more than 21 days.

The ADC said Tinubu left Nigeria on August 30 and questioned whether he had transmitted the required written declaration to the President of the Senate and the Speaker of the House of Representatives, as stipulated by the Constitution.

The party cited Section 145 of the Constitution, which requires the President to transmit a written declaration to the National Assembly when proceeding on vacation or when unable to perform the functions of his office.

It further noted that where such a declaration is not transmitted within 21 days, the National Assembly is empowered to pass a resolution mandating the Vice-President to perform the functions of the President as Acting President.

The ADC therefore questioned whether the National Assembly had taken the necessary constitutional steps.

“If he did not, we would like to know why the National Assembly has ignored Section 145 of the Constitution,” the party stated.

The opposition party also rejected the description of Tinubu’s trip as a “working vacation,” arguing that the representation of the President at official engagements by other government officials does not amount to a formal transfer of presidential powers.

The ADC specifically raised questions about the role of the Secretary to the Government of the Federation, George Akume, who has represented the President at some official engagements while Tinubu and Vice-President Kashim Shettima are both outside the country.

According to the party, while Akume may attend official functions or deliver speeches on behalf of the President, such representation does not confer on him the constitutional powers of the President or Acting President.

The ADC maintained that the President’s absence could not be resolved through remote communication or official representation, and called on the National Assembly and the Presidency to explain the constitutional basis for the current arrangement.

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