Key Takeaways
- Members of the House of Representatives, under the Save Democracy Group (SDG), have called for the National Assembly to reconvene.
- The group seeks deliberation on President Bola Ahmed Tinubu's extended absence from the country.
- The core issue revolves around compliance with Section 145 of the 1999 Constitution regarding presidential vacation and transmission of power.
- The SDG demands that if no declaration was made within 21 days, the National Assembly should mandate Vice-President Kashim Shettima to act as President.
- Lawmakers emphasize that constitutional continuity must be clear, formal, and transparent, not left to assumption.
A significant call to action has emerged from the National Assembly, with members of the House of Representatives, operating under the aegis of the Save Democracy Group (SDG), urging both chambers to reconvene. Their primary objective is to deliberate on President Bola Ahmed Tinubu's prolonged absence from the country and ascertain whether his actions align with the nation's constitutional provisions.
In a strongly worded statement, the SDG highlighted a critical constitutional imperative: where no formal declaration of vacation was transmitted by the President within the constitutionally prescribed period, both the Senate and the House of Representatives should comply with Section 145(2) of the 1999 Nigerian Constitution, as amended. This section mandates that by simple-majority resolutions, the National Assembly should empower Vice-President Kashim Shettima to perform the functions of President until President Tinubu communicates his availability to resume his duties.
The Constitutional Mandate and Presidential Absence
The lawmakers, specifically Reps Awaji-Inombek Dagomie Abiante from Rivers State and Abubakar Yahaya from Katsina State, who signed the statement, underscored the National Assembly's non-negotiable responsibility. They asserted that the legislative body cannot demand citizens' adherence to the Constitution while treating its own express constitutional duties as optional. The group stressed that if the President has indeed complied with constitutional provisions regarding his absence, the Nigerian populace should be duly informed. Conversely, if not, the next steps stipulated by the Constitution must be rigorously followed.
The presidency had previously announced that President Tinubu departed Nigeria on August 30, 2026, for a three-week vacation, subsequently confirming an extension of his stay abroad by a few days. This timeline is crucial in the context of Section 145 of the Constitution.
Section 145(1) explicitly provides that whenever the President proceeds on vacation, he 'shall transmit a written declaration' to the President of the Senate and the Speaker of the House of Representatives. Following this declaration, the Vice-President 'shall perform the functions of President as Acting President.' More critically, Section 145(2) stipulates that 'where the President is unable or fails to transmit that declaration within 21 days,' the National Assembly 'shall, by a simple-majority resolution of each House, mandate the Vice-President to perform the functions of President as Acting President until the President communicates his availability to resume his functions.'
Beyond Technology: Upholding the Rule of Law
The lawmakers firmly stated that the central question is not whether modern technology enables the President to work remotely from another country, but rather whether the Constitution has been strictly obeyed. This distinction is vital, as it separates operational convenience from constitutional adherence. The spirit of Section 145 is to ensure seamless governance, prevent power vacuums, and maintain transparency in presidential authority, thereby safeguarding democratic stability.
Drawing parallels with other African democracies, the SDG cited Botswana as an instructive example. In Botswana, when President Duma Boko travels outside the country, the Vice-President routinely assumes the role of Acting President. While Nigeria's constitutional framework has its unique aspects, the underlying principle remains consistent: constitutional continuity must be clear, formal, and transparent, leaving no room for ambiguity or assumption. This formal transfer of power is not merely a bureaucratic formality; it is a fundamental pillar of good governance and a testament to the rule of law.
Why This Matters
The call by the Save Democracy Group is a critical reminder of the National Assembly's role as a guardian of the Constitution and a check on executive power. Adherence to constitutional provisions, especially concerning presidential succession and temporary incapacitation, is paramount for maintaining public trust, ensuring governmental stability, and preventing potential political crises. Ignoring such clear mandates could set a dangerous precedent, undermining the very foundations of Nigeria's democratic framework and the rule of law.
}