Lawmakers Asks National Assembly To Reconvene Over Tinubu’s Absence 

Serving federal lawmakers, under the aegis of Save Democracy, has expressed grave concern over the constitutional uncertainty surrounding the continued absence of President Bola Tinubu from Nigeria and what they described as the apparent failure to transmit the written declaration required under Section 145 of the 1999 Constitution (as amended).

The lawmakers called on the National Assembly to immediately reconvene and address the constitutional situation and ensure compliance with Section 145(2) where no declaration was transmitted within the constitutionally prescribed 21-day period.

They also demanded immediate disclosure by the President of the Senate, Sen. Godswill Akpabio and the Speaker of the House of Representatives, Hon. Abbas Tajudeen as to whether the president transmitted the declaration required under Section.

The lawmakers who signed the statement on behalf of their group are Hon. Awaji-Inombek Dagomie Abiante (NDC), representing Kankia/Ingawa/Kusada federal constituency in Rivers State, and Hon. Abubakar Yahaya (APC) of Kusada, Bindawa/Mani Federal Constituency in Katsina State.

The presidency announced that President Tinubu departed Nigeria on August 30, 2026 for a three-week vacation and subsequently confirmed that his stay abroad had been extended by a few days.

The group argued that 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.”

The Save Democracy Group questioned if the declaration required by Section 145 was 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 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,” it stated.

The lawmakers-led group noted that other African democracies demonstrated that temporary transfer of presidential authority need not create controversy.

“In Botswana, when President Duma Boko travels outside the country, the VicePresident 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,”it said.

The Save Democracy Group further called on the President of the Senate and the Speaker of the House of Representatives to immediately reconvene both Chambers of the National Assembly.

“The leadership should formally disclose whether the President transmitted the written declaration required under Section 145(1).

“Where no such declaration was transmitted within the constitutionally prescribed period, both Chambers should comply with Section 145(2) and, by the required simple-majority resolutions, mandate VicePresident Kashim Shettima to perform the functions of President as Acting President until the President communicates his availability to resume his functions.

“The National Assembly cannot insist that citizens obey the Constitution while treating its own express constitutional responsibilities as optional.

“…No individual is greater than the Constitution. No political convenience can override an express constitutional obligation. If the President has complied with Section 145, Nigerians should be informed accordingly.

“If he has not, the Constitution provides the next step. The Constitution must not be selectively obeyed. The National Assembly must act,” the statement read further.

Both Chambers of the National Assembly – Senate and House of Representatives are currently on annual recess and expected to resume on Tuesday next week.