The African Action Congress (AAC) has sued President Bola Tinubu before the Federal High Court in Abuja over his alleged failure to formally notify the National Assembly before embarking on a vacation in Europe.
The party filed the suit on Monday, September 28, asking the court to determine whether Tinubu violated Section 145(1) of the 1999 Constitution by leaving the country without transmitting a written declaration to the President of the Senate and the Speaker of the House of Representatives.
The suit, marked FHC/ABJ/CS/2358/2026, also joined the Attorney General of the Federation, the Senate President, the Speaker of the House of Representatives and the National Assembly as defendants.
The suit was filed by Inibehe Effiong of Inibehe Effiong Chambers, counsel to the AAC.
According to the AAC, Tinubu departed Nigeria for Europe on August 30, 2026, and was still there when the suit was filed.
The party is asking the court to declare that, under “the express provisions of Section 145 (1)” of the Constitution, the President is “mandated to compulsorily transmit a written declaration” to the Senate President and the Speaker “before proceeding on vacation for any number of days.”
It further wants the court to declare that Tinubu’s alleged failure to transmit the declaration before leaving the country “is undemocratic and a gross violation of the Constitution.”
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The AAC also challenged the National Assembly’s alleged failure to convene and pass a resolution empowering the Vice-President to perform the functions of President after Tinubu had reportedly spent more than 21 days on vacation.
The party asked the court to hold that the National Assembly’s alleged failure to act was “unlawful, unconstitutional and a violation of the mandatory duty imposed on the National Assembly under Section 145 (2)” of the Constitution.
Among its reliefs, the AAC is seeking “an order of perpetual injunction” preventing Tinubu from embarking on any future vacation, either within or outside Nigeria, without first transmitting the constitutionally required written declaration to the Senate President and the Speaker.
The party is also asking the court to determine whether a “purposive and dispassionate interpretation” of Section 145(1) permits a President to proceed on vacation without notifying the National Assembly in writing.
The case was filed pursuant to Order 3 Rule 9 of the Federal High Court (Civil Procedure) Rules, 2019, as well as Sections 6 and 145 of the Constitution.
The originating summons directs the defendants to enter an appearance within 30 days of being served, stating that failure to do so may result in the court making such orders and proceeding as it considers just and expedient.
No hearing date has been fixed for the matter.