AAC Sues Tinubu Over Alleged Failure to Transmit Vacation Declaration
The African Action Congress (AAC) has filed a suit at the Federal High Court in Abuja challenging President Bola Ahmed Tinubu’s alleged failure to transmit a written declaration to the National Assembly before proceeding on vacation to Europe.
The suit, FHC/ABJ/CS/2353/2026, was filed on September 28, 2026, by the AAC against President Tinubu, the Attorney-General of the Federation, the President of the Senate, the Speaker of the House of Representatives and the National Assembly.
The case seeks the court’s interpretation of Section 145(1) and (2) of the 1999 Constitution, as amended, on the procedure required when the President proceeds on vacation or is unable to perform the functions of his office.
According to the originating summons, the President proceeded on vacation to Europe on August 30, 2026, and was away through September 28, 2026, when the suit was filed.
The AAC is asking the court to determine whether the President can proceed on vacation for any number of days without transmitting a written declaration to the President of the Senate and the Speaker of the House of Representatives.
In its originating summons, the party stated that the President is “mandated to compulsorily transmit a written declaration” to the Senate President and the Speaker before proceeding on vacation.
The party is also challenging the alleged failure of the National Assembly to convene and pass a resolution authorising the Vice-President to perform the functions of the President as Acting President after the President had been away for more than 21 days.
The AAC wants the court to declare that the alleged failure by the President to transmit the required declaration before his vacation to Europe was “a gross violation of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
It is further seeking an order of perpetual injunction restraining the President from proceeding on future vacations, whether within or outside Nigeria, without transmitting the required declaration to the President of the Senate and the Speaker of the House of Representatives.
The suit was filed by Inibehe Effiong, Esq., of Inibehe Effiong Chambers, on behalf of the African Action Congress.
The defendants have 30 days after service of the summons to enter an appearance before the court.
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