Tuesday, September 29, 2026 - The African Action Congress has
dragged President Bola Tinubu, the National Assembly and the Attorney General
of the Federation before the Federal High Court in Abuja over the President’s
alleged failure to notify the National Assembly before embarking on a
month-long vacation in Europe.
The party, in an originating summons filed on Monday, asked
the court to declare that Tinubu breached Section 145(1) of the 1999
Constitution by leaving Nigeria 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, listed Tinubu, the
AGF, the Senate President, the Speaker of the House of Representatives and the
National Assembly as defendants.
The AAC, whose address was given as House TD7, Global
Estate, Apo Primary, Abuja, claimed that Tinubu left Nigeria for Europe on
August 30, 2026, and remained there as of the date the suit was filed.
It is seeking a declaration that, by “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.”
The party also wants the court to declare that the alleged
failure to transmit the declaration before the trip “is undemocratic and a
gross violation of the Constitution.”
The AAC further challenged the National Assembly’s alleged
failure to convene and pass a resolution authorising the Vice-President to act
as President after Tinubu had spent more than 21 days on vacation.
It asked the court to hold that the alleged failure by the
National Assembly to act was “unlawful, unconstitutional and a violation of the
mandatory duty imposed on the National Assembly under Section 145 (2)” of the
Constitution
The party is also seeking “an order of perpetual injunction”
restraining Tinubu from embarking on any future vacation, whether within or
outside Nigeria, without first transmitting the required written declaration to
the Senate President and the Speaker.
The suit asks the court to determine, among other questions,
whether a “purposive and dispassionate interpretation” of Section 145(1)
permits the President to proceed on vacation without transmitting a written
declaration to the National Assembly.
The AAC filed the case pursuant to Order 3 Rule 9 of the
Federal High Court (Civil Procedure) Rules, 2019, and Sections 6 and 145 of the
Constitution.
The originating summons directs the defendants to enter an
appearance within 30 days of service, warning that failure to do so could lead
to such orders and proceedings as the court may consider just and expedient.
The suit was filed by Inibehe Effiong of Inibehe Effiong
Chambers, counsel to the AAC.
No date has been fixed for hearing.
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