The African Action Congress (AAC) has filed a suit at the Federal High Court in Abuja challenging President Bola Ahmed Tinubu’s failure to formally transfer presidential powers to Vice President Kashim Shettima during his extended vacation abroad.
The suit was filed on Monday, September 28, 2026, through an Originating Summons by the AAC’s National Legal Adviser and Lagos-based human rights lawyer, Inibehe Effiong.
The party is asking the court to declare that Tinubu’s alleged failure to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives, as provided under Section 145(1) of the 1999 Constitution, is unlawful and unconstitutional.
According to the AAC, such a declaration would enable the National Assembly to pass a resolution authorising Shettima to perform the functions of President as Acting President.
The party is also asking the court to declare that the National Assembly’s alleged failure to pass such a resolution after Tinubu’s absence exceeded 21 days is unconstitutional.
The AAC further wants the court to issue a perpetual injunction restraining Tinubu and future presidents from proceeding on vacation without complying with the provisions of Section 145(1) of the Constitution.
In a 30-paragraph affidavit deposed to by the party’s National Secretary, Oshiokhue Philip Ikpeminoghena, the AAC said Tinubu left Nigeria on August 30, 2026, for a vacation and subsequently announced an extension on September 21.
The party also raised questions about the actions of the National Assembly leadership during the President’s absence, including Senate President Godswill Akpabio’s reported trip to Italy.
The suit, marked FHC/ABJ/CS/2353/2026, lists Tinubu, 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.
AAC presidential candidate Omoyele Sowore was present in court to witness the filing of the case.
The lawsuit comes amid wider public and political debate over the constitutional procedure governing presidential absences. Earlier reporting noted questions about Section 145 and whether a formal transfer of presidential powers was required during Tinubu’s extended absence.
Meanwhile, Vice President Shettima returned to Nigeria on September 28 after representing Tinubu at the 81st United Nations General Assembly in New York.
No hearing date has been announced for the AAC’s suit.
AAC DRAGS TINUBU, AGF, NATIONAL ASSEMBLY TO COURT OVER REFUSAL TO HANDOVER POWER TO VP SHETTIMA DURING VACATION
The African Action Congress (AAC) has filed a lawsuit at the Federal High Court in Abuja challenging President Bola Tinubu’s refusal to handover power to the Vice… pic.twitter.com/tq9ISIUiyy
— Inibehe Effiong (@InibeheEffiong) September 28, 2026
