Nigerian lawyer Festus Ogun says he will approach the Federal High Court in Lagos on Monday to challenge what he described as a constitutional breach arising from President Bola Tinubu’s prolonged stay outside Nigeria.
Ogun disclosed this on Sunday, September 27, following reports that the President had postponed his planned return to the country after a last-minute adjustment to his travel arrangements.
In a post on X, Ogun wrote: “First thing tomorrow morning, we will file a lawsuit at the federal high court in Lagos to challenge this constitutional breach. Except we all agree the law no longer rules in Nigeria.”
His statement followed a report by TheCable that Tinubu had altered his travel plans and would no longer return to Nigeria as initially expected over the weekend. Sources cited by the newspaper said the reason for the latest change was not immediately known.
Tinubu departed Nigeria on August 30 for London, with the Presidency describing the trip as a three-week working vacation. He later travelled to Paris, France, where he held meetings with French President Emmanuel Macron and businessman Vincent Bolloré. The Presidency subsequently announced that his stay had been extended by a few days.
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The latest delay has further intensified the constitutional debate surrounding the President’s absence, particularly the provisions of Section 145 of the 1999 Constitution.
The provision states that whenever the President proceeds on vacation or is otherwise unable to discharge the functions of his office, he is to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives. Until another declaration is made, the Vice-President is to perform the functions of the President in an acting capacity.
Section 145 also provides that where the President fails to transmit such a declaration within 21 days, the National Assembly may, by simple-majority resolutions in both chambers, mandate the Vice-President to perform the functions of President as Acting President.
The question of whether Tinubu transmitted the required declaration has been raised by opposition figures, lawyers and some lawmakers. The Save Democracy Group in the House of Representatives has also called on the National Assembly to clarify whether the constitutional notification was received.
The Presidency, however, has maintained that Tinubu has continued to direct the affairs of government while abroad and delegated Vice-President Kashim Shettima to represent him at official engagements.