The African Action Congress (AAC) has filed a lawsuit against President Bola Tinubu over his alleged failure to transfer presidential powers to Vice-President Kashim Shettima during his extended stay in Europe.
The suit was filed on Monday, September 28, 2026, at the Federal High Court in Abuja by the party’s National Legal Adviser, Inibehe Effiong.
Marked FHC/ABJ/CS/2353/2026, the suit challenges Tinubu’s alleged failure to transmit a written declaration to the National Assembly before travelling abroad on August 30, 2026. The AAC argues that the action violated Section 145(1) of the 1999 Constitution, as amended.
The party has also named the Attorney-General of the Federation, Lateef Fagbemi; Senate President Godswill Akpabio; Speaker of the House of Representatives Tajudeen Abbas; and the National Assembly as defendants.
Why AAC Is Suing Tinubu
According to the AAC, Tinubu’s failure to transmit the required written declaration prevented the National Assembly from formally authorising Shettima to perform the functions of the President as Acting President.
The party is asking the court to declare that the President’s alleged failure to comply with the constitutional provision was unlawful and unconstitutional.
It is also seeking a declaration that the National Assembly acted unconstitutionally by failing to pass a resolution authorising Shettima to assume the role of Acting President after Tinubu’s absence exceeded 21 days.
AAC Seeks Court Order Against Future Vacations
The party has asked the court to issue a perpetual injunction restraining Tinubu and future Nigerian presidents from proceeding on vacation without complying with the relevant provisions of Section 145(1) of the Constitution.
The AAC’s legal action follows Tinubu’s departure from Nigeria on August 30 for a three-week working vacation in Europe.
On September 21, the Presidency announced that the President had extended his stay abroad by a few days. His return was initially expected over the weekend, but he remained outside the country as of September 28.
The Presidency has maintained that Tinubu continued to perform his official duties while abroad and was expected to return to Nigeria during the week.
The case raises questions about the constitutional procedures governing the transfer of presidential functions when the President is away or unable to perform his duties.
No hearing date had been announced as of September 28, 2026. The court is yet to rule on the AAC’s claims.