By Staff Reporter
Some members of the House of Representatives have called on the National Assembly to reconvene and address questions surrounding President Bola Ahmed Tinubu’s extended stay outside Nigeria.
The lawmakers, operating under the platform of the Save Democracy Group (SDG), are seeking clarification on whether President Tinubu transmitted the written declaration required under Section 145 of the 1999 Constitution concerning his absence from the country.
The demand comes after the Presidency announced that President Tinubu had extended his overseas working vacation by a few days and was expected to return to Nigeria at the weekend.
President Tinubu departed Nigeria on August 30 for what the Presidency described as a three-week working vacation in Europe. He initially travelled to London before proceeding to Paris, France.
According to the Presidency, the President has remained in contact with government officials in Nigeria and has continued to direct the affairs of the country while away.
The development, however, has triggered a fresh constitutional debate among some lawmakers and political actors, particularly following the expiration of the initially announced 21-day period.
The Save Democracy Group is asking Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to publicly clarify whether President Tinubu transmitted the required written declaration to the National Assembly.
The lawmakers said the issue should be settled by establishing whether the constitutional requirement was fulfilled before or during the President’s absence.
They argued that if the declaration was transmitted, the leadership of both chambers should make that information known to Nigerians.
However, if no such declaration was transmitted within the period specified by the Constitution, the lawmakers said the National Assembly should take the steps provided under Section 145(2).
Section 145 of the 1999 Constitution deals with situations where the President proceeds on vacation or is otherwise unable to discharge the functions of his office.
The provision requires the President to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives. Following such a declaration, the Vice-President performs the functions of President in an acting capacity.
The lawmakers also pointed to Section 145(2), which provides a mechanism for the National Assembly to act where the President fails or is unable to transmit the required declaration within 21 days.
According to the provision, both chambers may, through simple-majority resolutions, mandate the Vice-President to perform the functions of President as Acting President until the President communicates his availability to resume his duties.
The Save Democracy Group is therefore calling for the immediate reconvening of the Senate and House of Representatives to consider the matter.
The lawmakers said the National Assembly should establish the facts surrounding the President’s absence and ensure that the constitutional procedure is followed.
They maintained that the central issue is not whether the President can communicate with officials from another country, but whether the constitutional requirements concerning presidential absence have been met.
The group also called for greater transparency, saying Nigerians should be clearly informed about the status of any declaration allegedly transmitted by the President.
The Presidency has maintained that President Tinubu remains in charge of the government despite being outside the country.
According to reports, the administration has said the President has remained in communication with officials at home and continued to issue directives on matters of governance.
The Presidency has also pointed to the Vice-President’s representation of the President at some official engagements while Tinubu remains abroad.
Vice-President Kashim Shettima is currently in New York representing Nigeria at the 81st United Nations General Assembly, adding another dimension to the debate over the formal handling of executive responsibilities during the President’s absence.
The latest controversy has renewed public attention on the constitutional procedures governing presidential absence.
Supporters of the lawmakers’ position argue that formal procedures are important because they provide clarity over who is constitutionally empowered to perform presidential functions at any given time.
The lawmakers have also argued that constitutional continuity should be clearly established rather than left to assumptions or informal arrangements.
The debate has also revived memories of the constitutional uncertainty surrounding the prolonged absence of former President Umaru Musa Yar’Adua in 2009 and 2010.
During that period, Yar’Adua’s failure to formally transmit the required declaration created uncertainty over the extent to which then-Vice-President Goodluck Jonathan could exercise presidential powers.
The National Assembly eventually intervened through what became known as the Doctrine of Necessity, paving the way for Jonathan to serve as Acting President.
The experience subsequently contributed to renewed attention to the constitutional provisions dealing with presidential absence.
With the latest demand, attention is now focused on the leadership of the National Assembly and whether the two chambers will respond to the lawmakers’ request.
The Save Democracy Group wants the Senate President and House Speaker to establish whether the President complied with Section 145 and, if necessary, reconvene the chambers to consider the constitutional implications.
The lawmakers have stressed that their demand is centred on constitutional procedure and transparency.
For now, the Presidency maintains that President Tinubu continues to direct the affairs of government while abroad and is expected to return to Nigeria at the weekend.
The unfolding situation is likely to keep constitutional questions surrounding presidential absence in the public spotlight as Nigerians await further clarification from the National Assembly and the Presidency.
