The African Democratic Congress (ADC) has questioned the constitutional basis of President Bola Ahmed Tinubu’s extended stay outside Nigeria, with Vice-President Kashim Shettima also abroad, and demanded clarification from the Presidency and National Assembly on who currently exercises the constitutional powers of the President.

The opposition party said the situation raises serious questions about compliance with Section 145 of the Constitution of the Federal Republic of Nigeria, which provides for the transfer of presidential functions to the Vice-President when the President is on vacation or otherwise unable to discharge the functions of his office.

In a statement issued by the party’s National Publicity Secretary, Mallam Bolaji Abdullahi, the ADC asked whether the President transmitted the written declaration contemplated under Section 145 and, if so, why Nigerians have not been given clear information about the constitutional arrangements governing the President’s absence.

The Constitution provides that when the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he is to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives. It further provides that where such a declaration has not been transmitted within 21 days, the National Assembly shall, by resolution of both chambers, mandate the Vice-President to perform the functions of the President as Acting President.

President Tinubu departed Nigeria on August 30, 2026, initially for a three-week vacation in Europe. The Presidency announced on September 21 that the President had extended the working vacation by several days and was expected to return to Nigeria at the weekend. It said Tinubu had spent a week in London before moving to Paris, where he met French President Emmanuel Macron and businessman Vincent Bolloré.

ADC questions role of SGF in presidential representation

The ADC also challenged the Presidency’s explanation that the President has continued to direct affairs from abroad and that Secretary to the Government of the Federation, Senator George Akume, would continue to represent him at official engagements.

According to the party, attending official events or delivering speeches on behalf of the President does not, by itself, confer the constitutional powers of the President or Acting President on the SGF.

The party argued that the issue is not whether government officials can represent the President at ceremonies, but whether a designated constitutional authority is formally exercising presidential functions while both the President and Vice-President are outside the country.

“Representation is not governance,” the ADC said, arguing that presidential authority cannot be transferred through administrative convenience, public statements or informal arrangements.

The Presidency, in its September 21 statement, said the President had remained in contact with officials in Nigeria and continued to direct national affairs while abroad. It also said Tinubu had delegated Vice-President Shettima to represent him at some official functions.

Shettima in New York for UN General Assembly

The constitutional debate has intensified because Vice-President Shettima also left Nigeria on September 20, 2026, for New York to participate in the 81st United Nations General Assembly.

The Presidency said Shettima would represent Nigeria at the global gathering and present the country’s national statement, while Senator George Akume would continue representing the President at some official events in Nigeria.

The ADC said the simultaneous absence of the President and Vice-President was particularly concerning given the domestic challenges confronting the country, including insecurity, unemployment and the rising cost of living.

ADC highlights Tinubu’s absence from UNGA

The party also drew attention to the contrast between President Tinubu’s location in Paris and President Emmanuel Macron’s participation in the United Nations General Assembly in New York.

According to the French presidency, Macron has been in New York from September 21 to 23 to participate in the 81st session of the UN General Assembly, where he addressed the General Assembly and held diplomatic meetings on international issues including conflicts in Ukraine and the Middle East.

The ADC described the situation as poor international optics for Nigeria, arguing that the country’s President should be visibly engaged in advancing Nigeria’s interests at major international forums.

The party said the juxtaposition of the French President attending the UN General Assembly in New York while the Nigerian President remains in Paris was, in its view, a source of national embarrassment.

ADC demands answers from Presidency, National Assembly

The ADC said the central issue is not simply the President’s location but the constitutional status of executive authority during his absence.

The party therefore called on the Presidency and the National Assembly to provide a direct and unambiguous answer to a fundamental question:

Who currently exercises the constitutional powers of the President of the Federal Republic of Nigeria, and under what provision of the Constitution?

The party maintained that Nigerians deserve clarity on the formal constitutional arrangements governing the President’s absence and the respective roles of the Vice-President, the National Assembly and other senior government officials.

The ADC said resolving the question is important not only for the present situation but also for establishing clear constitutional precedent for future presidential absences.