The African Action Congress (AAC) has filed a suit at the Federal High Court in Abuja challenging President Bola Tinubu’s alleged failure to formally transfer presidential powers to Vice President Kashim Shettima during his vacation in Europe.
The lawsuit, filed on Monday, September 28, 2026, through the party’s National Legal Adviser and human rights lawyer, Inibehe Effiong, seeks judicial interpretation of constitutional provisions relating to the temporary transfer of presidential authority.
In the Originating Summons, the AAC is asking the court to declare that President Tinubu’s failure to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives before proceeding on vacation is unlawful and contrary to Section 145(1) of the 1999 Constitution (as amended).
According to the party, the constitutional provision requires the President to formally notify the National Assembly, thereby enabling the Vice President to assume office as Acting President during the President’s absence.
The AAC is also seeking a declaration that the National Assembly acted unconstitutionally by failing to pass a resolution empowering Vice President Shettima to perform the functions of the President after Tinubu’s vacation reportedly exceeded 21 days.
Additionally, the party is requesting an order of perpetual injunction restraining President Tinubu and future presidents from embarking on vacations without complying with the provisions of Section 145(1) of the Constitution.
In a 30-paragraph affidavit deposed to by the AAC National Secretary, Oshiokhue Philip Ikpeminoghena, the party alleged that President Tinubu travelled abroad on vacation on August 30, 2026, and later announced an extension of the trip on September 21 without providing sufficient reasons.
The affidavit further criticized Senate President Godswill Akpabio, alleging that instead of taking steps required by the Constitution, he publicly disclosed that he had visited the Prayer Ground of St. Padre Pio in San Giovanni Rotondo, Italy, to pray for Nigeria.
Joined as defendants in the suit, marked FHC/ABJ/CS/2353/2026, are President Tinubu, Attorney-General of the Federation Lateef Fagbemi (SAN), Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abbas and the National Assembly.
The AAC’s 2027 presidential candidate, Omoyele Sowore, was present at the Federal High Court during the filing of the suit.
No date has yet been fixed for the hearing of the matter.
