Concerned lawmakers in the House of Representatives have expressed grave concern over the constitutional uncertainty surrounding the continued absence of President Bola Tinubu from Nigeria.
To this end, the concerned lawmakers also called for immediate reconvening of both Chambers of the National Assembly to address the constitutional situation; and
Immediate compliance with Section 145(2) where no declaration was transmitted within the constitutionally prescribed 21-day period.
The lawmakers in a statement issued Wednesday by Hon. Awaji-Inombek Abiante (NDC, Rivers State) and Hon. Abubakar Yahaya (APC, Katsina) on behalf of the group recalled that the presidency announced that Tinubu departed Nigeria on 30 August, 2026 for a three-week vacation and subsequently confirmed that his stay abroad had been extended by a few days.
The lawmakers under the auspices of Save Democracy Group decried the failure to transmit the written declaration required under Section 145 of the 1999 Constitution (as amended).
Section 145(1) of the 1999 Constitution as amended 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 which the Vice-President shall perform the functions of President as Acting President.
Also, Section 145(2) provides 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.
The lawmakers said: “Constitutional question is therefore straightforward: Was the declaration required by Section 145 transmitted to the leadership of the National Assembly?
“If it was transmitted, the President of the Senate and the Speaker of the House of Representatives should immediately make that fact clear to Nigerians.
“If it was not transmitted, the 21-day constitutional period has elapsed and the National Assembly has a responsibility to act in accordance with Section 145(2).”
The lawmakers maintained that the constitution cannot be replaced by assurances that the President remained in communication with officials or continued to issue directives from abroad.
They argued that the question is not whether modern technology allows the President to work from another country, the question is whether the Constitution has been obeyed.
The lawmakers stressed that other African democracies demonstrate that temporary transfer of presidential authority need not create controversy.
They said in Botswana, when President Duma Boko travels outside the country, the Vice President has assumed the role of Acting President.
They added that where both the President and Vice-President have been outside the country, a minister has been designated to perform the functions of Acting President in accordance with Botswana’s constitutional arrangements.
The lawmakers noted: “While Nigeria’s constitutional framework is different, the principle is instructive: constitutional continuity should be clear, formal and transparent — not left to assumption.
The lawmakers, therefore, called on the National Assembly to reconvene immediately and disclose whether they transmitted the written declaration required under Section 145(1).
They noted: “We therefore call upon the President of the Senate and the Speaker of the House of Representatives to immediately reconvene both chambers of the National Assembly.
“The leadership should formally disclose whether the President transmitted the written declaration required under Section 145(1).
“Where no such declaration was transmitted within the constitutionally prescribed period, both Chambers should comply with Section 145(2) and, by the required simple-majority resolutions, mandate Vice President Kashim Shettima to perform the functions of President as Acting President until the President communicates his availability to resume his functions.”
The lawmakers argued that the National Assembly cannot insist that citizens obey the Constitution while treating its own express constitutional responsibilities as optional.
They said: “No individual is greater than the Constitution. No political convenience can override an express constitutional obligation.
If the President has complied with Section 145, Nigerians should be informed accordingly.
“If he has not, the Constitution provides the next step. The Constitution must not be selectively obeyed. The National Assembly must act.”