The African Action Congress has filed an originating summons at the Federal High Court, Abuja, seeking declarations that the President's failure to transmit a written declaration before his vacation breached section 145(1) of the 1999 Constitution.
The African Action Congress (AAC) filed a suit at the Federal High Court, Abuja Division, on 28 September 2026 over the exercise of presidential functions during President Bola Tinubu's vacation abroad, Peoples Gazette reported.
The originating summons, numbered FHC/ABJ/CS/2353/2026, names as defendants the President; the Attorney-General of the Federation, Lateef Fagbemi; the President of the Senate, Godswill Akpabio; the Speaker of the House of Representatives, Tajudeen Abbas; and the National Assembly. The party's counsel is its national legal adviser, Inibehe Effiong.
According to the report, the AAC seeks a declaration that the President's "failure or refusal to transmit a written declaration" to the President of the Senate and the Speaker is "undemocratic, unlawful and a violation of Section 145(1)" of the 1999 Constitution (as amended). It also asks the court to declare unconstitutional the National Assembly's failure to pass a resolution enabling the Vice-President, Kashim Shettima, to act as President after the vacation exceeded 21 days, and seeks a perpetual injunction restraining President Tinubu and future Presidents from going on vacation without complying with Section 145(1).
Section 145(1) provides that a President proceeding on vacation, or otherwise unable to discharge his functions, shall transmit a written declaration to that effect to the President of the Senate and the Speaker; the Vice-President then acts as President until a contrary declaration is sent. Under section 145(2), if the President is unable or fails to transmit it within 21 days, the National Assembly shall, by a simple-majority resolution of each House, mandate the Vice-President to act as President.
The Presidency said in a statement on 21 September that the President left for London on 30 August, later travelled to Paris, and had extended his working vacation by a few days.
No hearing date has been fixed, according to the report.
