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Some members of the House of Representatives, on the aegis of Save Democracy Group, have called for the immediate reconvening of the National Assembly to deliberate on issues relating to President Bola Tinubu’s absence from the country since August 30.
The lawmakers, in a statement signed by Awaji-Inombek Abiante and Abubakar Yahaya, on Wednesday, on behalf of the group, also charged the President of the Senate, Godswill Akpabio, and the Speaker, Tajudeen Abbas, to disclose whether President Tinubu transmitted a written declaration to parliament in accordance with Section 145 of the 1999 Constitution (as amended).
They stated that if President Tinubu complied with Section 145, Nigerians should be informed accordingly, and if he did not comply, the next step should be taken in line with the constitution.
President Tinubu had left Nigeria on August 30 for Europe on a 21-day vacation, as part of his annual leave. However, following the expiration of the three weeks and extension of the President’s vacation, there have been concerns about whether he transmitted a written declaration to the parliament, empowering the Vice President, Kashim Shettima, to serve as Acting President pending his return, in accordance with the Constitution.
The lawmakers argued that the National Assembly cannot insist that citizens obey the Constitution while at the same time treating its own express constitutional responsibilities as optional.
According to them, “Section 145(1) of the 1999 Constitution as amended provides that whenever the President proceeds on vacation, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives, following which the Vice-President shall perform the functions of President as Acting President.
“More importantly, Section 145(2) provides that where the President is unable or fails to transmit that declaration within 21 days, the National Assembly shall, by a simple-majority resolution of each House, mandate the Vice-President to perform the functions of President as Acting President until the President communicates his availability to resume his functions.
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“The constitutional question is therefore straightforward: Was the declaration required by Section 145 transmitted to the leadership of the National Assembly? If it was transmitted, the President of the Senate and the Speaker of the House of Representatives should immediately make that fact clear to Nigerians.
“If it was not transmitted, the 21-day constitutional period has elapsed and the National Assembly has a responsibility to act in accordance with Section 145(2).”
The lawmakers stated that if it is established that no written declaration was transmitted to parliament, the two chambers of the National Assembly should immediately activate Section 145(2) of the constitution and mandate Vice President Shettima to perform the functions of President as Acting President until President Tinubu communicates his availability to resume his functions.
Furthermore, they posited that “the Constitution cannot be replaced by assurances that the President remains in communication with officials or continues to issue directives from abroad. The question is not whether modern technology allows the President to work from another country. The question is whether the Constitution has been obeyed.
“Other African democracies demonstrate that temporary transfer of presidential authority need not create controversy. In Botswana, when President Duma Boko travels outside the country, the Vice President has assumed the role of Acting President.
“Where both the President and Vice-President have been outside the country, a Minister has been designated to perform the functions of Acting President in accordance with Botswana’s constitutional arrangements. While Nigeria’s constitutional framework is different, the principle is instructive: constitutional continuity should be clear, formal and transparent, not left to assumption.”
