A statement from the All Progressives Congress (APC) campaign council and Tinubu’s spokespersons that the former president is on a “working vacation” has sparked a debate over the constitutional rules governing a Nigerian president’s absence from office.
Under Nigerian law, a vacation is a period when a person is away from work, school or other daily duties for rest or recreation. The Constitution therefore treats a vacation as a complete withdrawal from presidential duties. Section 145(1) requires the president to send a written declaration to the President of the Senate and the Speaker of the House of Representatives whenever he is on vacation or otherwise unable to discharge his functions. Until that declaration is received, the Vice‑President automatically acts as president.
“Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice‑President shall perform the functions of the President as Acting President.”
Section 145(2) provides a safeguard if the president fails to transmit the declaration within 21 days. In that case, a simple‑majority resolution of the National Assembly can mandate the Vice‑President to act as president until the president resumes his duties. The 21‑day limit is not part of subsection (1) but is a trigger for the Assembly’s intervention when the president is either unable or refuses to comply.
The provision was fast‑tracked after President Umaru Yar’Adua’s terminal illness in 2009. His inability to send a declaration left the country in a constitutional limbo, as Vice‑President Goodluck Jonathan could not perform certain presidential acts, such as swearing in the Chief Justice of Nigeria. The crisis was resolved when the outgoing CJN, Justice Idris Legbo Kutigi, administered the oath to the incoming CJN, Justice Iyorgher Aloysius Katsina‑Alu.
Given that the Constitution does not define “working vacation” and that a vacation automatically transfers executive power to the Vice‑President, the APC’s claim that Tinubu is “working” while on leave is deemed unconstitutional by legal experts. The law requires a written declaration from day one of any presidential absence, and failure to do so activates the 21‑day clause that allows the National Assembly to step in.
<small>Source: The Sun Nigeria — read the original story there.</small>
