Who Is In Charge Of Nigeria? Tinubu Abroad, Shettima In New York As Atiku Challenges 21-Day Absence, Demands Constitutional Answers From Presidency, National Assembly

By Passman Akpos

Former Vice President Atiku Abubakar has questioned the constitutional status of President Bola Ahmed Tinubu’s continued absence from Nigeria, asking who is currently exercising presidential authority as the President’s three-week vacation has elapsed.

Atiku raised the issue in a statement titled “Who Is in Charge of Nigeria?”, arguing that Section 145 of the 1999 Constitution provides a specific procedure for the temporary absence of a President.

According to Atiku, whenever the President proceeds on vacation or is otherwise unable to discharge the functions of his office, he is required to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives.

He further argued that where such a declaration is not transmitted within 21 days, Section 145(2) provides for the National Assembly to mandate the Vice President to perform the functions of President as Acting President.

The constitutional provision cited by Atiku states that the National Assembly may, by a simple majority of each House, mandate the Vice President to perform the functions of President where the President fails to transmit the required declaration within 21 days.

Tinubu left Nigeria on August 30 after the Presidency announced that he was embarking on a three-week annual vacation.

With the 21-day period now elapsed, Atiku is demanding clarification over whether the required constitutional communication was transmitted to the National Assembly.

“If such a letter exists, the Presidency should publish it immediately,” Atiku said.

“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.”

Atiku also questioned the situation in which both Tinubu and Vice President Kashim Shettima are currently outside Nigeria.

Shettima departed Abuja on September 20 for New York to represent Nigeria at the 81st United Nations General Assembly, while Tinubu remains in Europe. The Presidency said Secretary to the Government of the Federation, Senator George Akume, would continue representing the President at events while Shettima is away.

Atiku argued that Nigerians should be told clearly who is exercising presidential authority and under what constitutional instrument.

He also cited other issues facing the country, including the reported deaths of 37 suspected illegal miners while in Nigeria Security and Civil Defence Corps custody in Minna, as well as continuing economic pressures.

The Presidency has said Tinubu has remained engaged in governing Nigeria despite his absence from the country.

In a statement issued on Monday by Special Adviser to the President on Information and Strategy, Bayo Onanuga, the Presidency said Tinubu had continued to keep in touch with officials at home and had taken decisions on national matters while abroad.

It specifically cited the President’s directive for an independent investigation into the deaths of the 37 people held by the NSCDC.

The Presidency also announced that Tinubu has extended his working vacation by a few days and is expected to return to Nigeria at the weekend.

According to Onanuga, Tinubu departed Nigeria on August 30 for London before moving to Paris, where he met French President Emmanuel Macron and businessman Vincent Bolloré.

The Presidency described claims concerning Tinubu’s absence from the United Nations General Assembly as irresponsible and said Shettima, who is representing the President in New York, will deliver Nigeria’s national statement.

The State House has also continued to issue statements on Tinubu’s behalf during his absence, including a September 21 statement in which the President mourned former Kogi State Governor Ibrahim Idris.

Atiku, however, maintained that the central issue is not whether the President can communicate with officials or perform duties remotely, but whether the constitutional procedure governing presidential absence has been complied with.

“Nigeria cannot be governed by assumptions,” Atiku said, insisting that the country cannot operate on what he described as presidential social-media posts, photographs or informal arrangements.

He called on the Presidency to state whether Tinubu transmitted the declaration contemplated by Section 145(1) before leaving Nigeria.

He also called on the Senate President and Speaker of the House of Representatives to disclose whether such communication was received.

The former Vice President further demanded that the National Assembly explain its position if no declaration was transmitted within the constitutionally stipulated period.

The controversy therefore centres on the interpretation and application of Section 145: whether the President transmitted the required declaration, what its contents and effective period were, and whether any further constitutional action by the National Assembly is required.

For now, the Presidency says President Tinubu remains in charge of the affairs of government and is expected back in Nigeria at the weekend.

Atiku’s question, however, remains at the centre of the emerging constitutional debate:

Who, constitutionally, is exercising the powers of the President while Tinubu remains abroad?