AAC Drags Tinubu, National Assembly to Court Over 30-Day Europe Vacation, Seeks Enforcement of Section 145
The African Action Congress (AAC) has dragged President Bola Tinubu, the National Assembly, and the Attorney General of the Federation before the Federal High Court in Abuja over the President’s 30-day vacation in Europe.
In an originating summons filed on September 28, 2026, the party is asking the court to determine whether the President can proceed on vacation within or outside Nigeria without transmitting a written declaration to the President of the Senate and the Speaker of the House of Representatives, as provided under Section 145(1) of the 1999 Constitution, as amended.
The suit, marked FHC/ABJ/CS/2353/2026, listed Tinubu, the Attorney General of the Federation, the President of the Senate, the Speaker of the House of Representatives, and the National Assembly as defendants.
According to the originating summons, the AAC stated that Tinubu proceeded on vacation to Europe on August 30, 2026, and remained there as of September 28, when the suit was filed.
The party is seeking a declaration that Section 145(1) mandates the President to transmit a written declaration to the Senate President and the Speaker before proceeding on vacation for any number of days.
It is also asking the court to declare that the President’s alleged failure to transmit the declaration before embarking on the trip constitutes a violation of the Constitution.
The AAC further wants the court to determine whether the National Assembly failed in its constitutional duty under Section 145(2) by not convening and passing a resolution authorising the Vice-President to perform the functions of the office of President as Acting President after the President had been on vacation for more than 21 days.
The party is asking the court to declare the alleged failure by the National Assembly to act unlawful and unconstitutional.
In addition, the AAC is seeking an order of perpetual injunction restraining the President from proceeding on future vacations, whether within or outside Nigeria, without first transmitting a written declaration to the President of the Senate and the Speaker of the House of Representatives as required under Section 145(1).
The suit was brought pursuant to Order 3 Rule 9 of the Federal High Court (Civil Procedure) Rules, 2019, Sections 6 and 145 of the Constitution, and the inherent jurisdiction of the court.
The originating summons directs the defendants to enter an appearance within 30 days after service.
The case was filed by Inibehe Effiong, and other counsel of Inibehe Effiong Chambers on behalf of the AAC.
