Senate President Godswill Akpabio and the African Democratic Congress on Tuesday traded positions over the exercise of presidential powers.
While Akpabio insisted that President Bola Tinubu remains in charge despite his prolonged absence from Nigeria, the opposition party demanded clarification on compliance with the constitutional provision on transfer of power.
Akpabio, who spoke in Akwa Ibom State, dismissed concerns over the simultaneous absence of Tinubu and Vice-President Kashim Shettima from the country, saying there was no vacancy in the Presidency and that the President continued to direct the affairs of government from abroad.
But the ADC, in a statement by its National Publicity Secretary, Bolaji Abdullahi, invoked Section 145 of the 1999 Constitution and questioned whether Tinubu had transmitted the required written declaration to the President of the Senate and Speaker of the House of Representatives.
The development came as Tinubu’s stay in Europe, which began on August 30 as a three-week working vacation, was extended, with the Presidency saying he would return to Nigeria at the weekend.
Speaking in Akwa Ibom on Tuesday, Akpabio dismissed concerns over Tinubu’s continued stay in Europe and the simultaneous absence of the President and Vice President.
The Senate President also rejected suggestions that he was acting President, saying Tinubu remained in power and continued to run the affairs of the country from abroad.
He said, “First, to correct an impression. I am the Senate President and Chairman of the National Assembly.
“By your grace, the grace of God, and the support of President Bola Tinubu, I am not the acting president. Because the President is still in power. The President is on a working leave. So, there is no absence at Aso Rock.
“What he cannot do here, he is doing abroad. The other day, he was with President Macron on a state visit, discussing bilateral ties to bring things back to Nigeria. And then, because he could not make it to the UNGA—United Nations General Assembly—his Vice President went.”
Akpabio said those raising concerns about a possible leadership vacuum were merely speculating, stressing that he was the appropriate authority to speak for the National Assembly on the issue.
“There is no vacancy. People who are talking are just talking. I am the only person, as Chairman of the National Assembly, who can speak for the National Assembly and say there is a vacancy and there will be a vacancy.
“Right now, there is no vacancy. Asiwaju Bola Ahmed Tinubu is still in power, and he is still running the affairs of Nigeria,” he said.
He argued that technological advancement had made it possible for Tinubu to continue directing government affairs while outside the country.
“Nigeria has become—the world has become a global village. You can give instructions even from the internet, anything. So why are people complaining?” Akpabio said.
He added that Tinubu remained in contact with officials at home and would return to commission presidential projects.
“His Excellency, the President, is very proud of you and sends his greetings to you. And said I should assure you that as soon as he comes back into Nigeria, he will give you a date that he will come and commission those presidential projects,” he said.
Akpabio declined to disclose details of the projects, saying, “I don’t want to leak what he will commission, but I know that there is a resource centre that… I won’t mention it.”
But the ADC questioned the constitutional implications of Tinubu’s prolonged absence from Nigeria, citing Section 145 of the 1999 Constitution and demanding clarification on the exercise of presidential powers.
In a statement by its National Publicity Secretary, Bolaji Abdullahi, on Tuesday, the opposition party said Tinubu left Nigeria on August 30 for what the Presidency described as a working vacation, while Vice-President Shettima also travelled out of the country.
The ADC argued that Section 145 requires a President proceeding on vacation or otherwise unable to perform his functions to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives, stressing that Nigerians deserved to know whether such a declaration was made.
The party stated, “President Tinubu left Nigeria on 30 August and has now been away for more than 21 days. We therefore demand to know whether the required declaration was transmitted by the President. If he did not, we would like to know why the National Assembly has ignored Section 145 of the Constitution.”
The opposition party rejected the Presidency’s “working vacation” explanation and said the Secretary to the Government of the Federation, George Akume’s representation of Tinubu at official events raised more questions than answers.
ADC stated, “Representing the President at events and ceremonies does not confer constitutional powers.
“The Secretary to the Government of the Federation is a mere appointee of the President. He may attend events or deliver speeches on the President’s behalf, but he cannot exercise the constitutional powers of the President or Acting President.
“Representation is not governance. Attendance at official functions is not presidential authority. Nigeria cannot be governed through ceremonial proxies, telephone calls and press statements issued from foreign capitals.”
The party said the claim that Tinubu was still directing affairs from abroad further raised concerns, stressing that a “working vacation” does not exempt the President from his constitutional duties under Section 145.
The ADC also criticised Tinubu’s stay in Paris while French President Emmanuel Macron was in New York for the United Nations General Assembly, describing the situation as a “national disgrace.”
The statement added, “The irony would be amusing if it were not a national disgrace. At a time when world leaders are advancing their countries’ interests at the United Nations General Assembly, Nigeria’s President is holed up in the French capital while his host has left to pursue his own country’s national interest.
“President Tinubu cannot be vacationing in Paris while President Macron is in New York representing France and expect Nigerians to accept that it is okay for their President to continue to hang around in a country after the host has left to attend to more important things. This is not merely poor optics. It is a national embarrassment.”
Tinubu left Nigeria on August 30 for what the Presidency described as a three-week working vacation in Europe, initially travelling to London before moving to Paris, France.
The original three-week period expired around September 20, but the Presidency announced on Monday that Tinubu had extended his stay and would return to Nigeria at the weekend.
The extension came amid questions over his absence from the 81st UNGA in New York, where Shettima is currently leading Nigeria’s delegation.
The development has triggered renewed political and constitutional debate, with former Vice President Atiku Abubakar questioning who is exercising presidential authority while Tinubu remains abroad.
Atiku cited Section 145 of the 1999 Constitution, which provides that when the President proceeds 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.
Atiku had argued that Nigerians had not been shown evidence of such a declaration and questioned the constitutional basis for Tinubu’s continued absence without a formal transfer of power.
The Federal Government has, however, maintained that Tinubu remains in charge and can govern from anywhere.
The Presidency has also defended Shettima’s representation of Nigeria at the UNGA, saying the Vice President is attending with the full mandate of the President.
Akpabio’s remarks on Tuesday now add the National Assembly leadership’s voice to the Presidency’s position that there is no leadership vacuum and that Tinubu remains the country’s sitting President while on his extended working leave.
