Political Vacuum? Akpabio Denies Acting President Role Amidst Tinubu, Shettima Absence

The extended absence of President Bola Tinubu from Nigeria, coupled with Vice-President Kashim Shettima's attendance at the United Nations General Assembly (UNGA) in New York, has ignited a fervent debate regarding the constitutional provisions for presidential authority. President Tinubu departed Nigeria on August 30 for what was initially announced as a three-week vacation in Europe. However, the Presidency later confirmed an extension of his stay abroad, sparking concerns among political figures and civil society groups about adherence to the 1999 Constitution.

Key among these concerns is Section 145 of the 1999 Constitution (as amended), which meticulously outlines the procedure for presidential absences. Subsection 1 states that if the President proceeds on vacation or is otherwise unable to discharge official functions, he shall transmit a written declaration to the Senate President and the Speaker of the House of Representatives, enabling the Vice-President to perform as Acting President. Crucially, Subsection 2 stipulates that if the President fails to transmit this declaration within 21 days, the National Assembly shall, by a simple majority in each House, mandate the Vice-President to perform these functions. Critics argue that the 21-day period has elapsed since President Tinubu's departure without any public confirmation of such a declaration.

Opposition parties have vehemently voiced their dissatisfaction. Bolaji Abdullahi, spokesman of the African Democratic Congress (ADC), described the dual absence as a “dangerous disregard for the Constitution,” demanding clarity on who currently exercises presidential powers and under what constitutional provision. Omoyele Sowore, Presidential Candidate of the African Action Congress (AAC), urged the National Assembly to immediately activate Section 145(2) to mandate Vice-President Shettima as Acting President. Former Vice President Atiku Abubakar, also speaking for the ADC, echoed these sentiments, questioning the lack of a transmitted letter and demanding its immediate publication if it exists, emphasizing that Nigeria cannot be governed by assumptions or remote social media posts.

Conversely, Senate President Godswill Akpabio has publicly dismissed claims of a power vacuum. Speaking in Ikot Ekpene, Akwa Ibom State, Akpabio declared, “There is no vacancy in the Presidency.” He asserted that President Tinubu remains in charge, describing his absence as a “working leave” and stating that the President is conducting official duties from abroad, including meeting with President Macron. Akpabio maintained that as Chairman of the National Assembly, he alone could declare a vacancy, and currently, there is none. Bayo Onanuga, Special Adviser to the President on Information and Strategy, indicated that Tinubu would return soon, noting that the Secretary to the Government of the Federation, Senator George Akume, has been representing the President at various functions, though critics argue such representation does not confer constitutional powers.

Legal experts and civil society organizations have also weighed in on the constitutional implications. Dr. Dauda Garuba, Director of CDD-West Africa, urged Nigerians to seek judicial interpretation, highlighting that while the President has a right to vacation, he must consider constitutional timelines. Friday Odeh, Country Director of Accountability Lab Nigeria, called for a clear chain of executive authority, warning against the uncertainty created by unclear public information on decision-making during the absence of both top leaders. Lawyer Hamza N. Dantani reiterated that administrative arrangements cannot substitute for the constitutional office of Acting President, stressing the need for a clear constitutional foundation for any transfer of presidential powers to avoid past uncertainties, such as during the prolonged absence of former President Yar’adua.

Professor of Political Science, Prof. Gbade Ojo, also faulted President Tinubu’s failure to formally hand over the instrument of governance to the Vice President. However, Senior Advocate of Nigeria, Taiye Oniyide, argued that there is “no constitutional infraction” committed, noting that the President can seek extensions. He raised a practical question about who would assume responsibility if both the President and Vice President are away, acknowledging that while formal handover is ideal, governance continues.

Previous administrations have set precedents for constitutional adherence during presidential absences. In February 2016 and January 2017, then-President Muhammadu Buhari formally transmitted letters to the National Assembly, empowering Vice President Yemi Osinbajo to act as President during his vacations and medical leave. Similarly, in May 2017, Buhari appointed Osinbajo as