By BONIFACE AKARAH

Former Vice President and African Democratic Congress (ADC) presidential candidate Atiku Abubakar has asked the Federal Government to clarify who is constitutionally exercising presidential authority in Nigeria, following the expiration of the three-week vacation President Bola Ahmed Tinubu began on August 30.

In a statement dated September 21, 2026, Atiku said Tinubu’s three-week annual vacation had reached the 21-day mark without Nigerians being shown a constitutional letter transferring presidential functions to Vice President Kashim Shettima. The Presidency had announced on August 30 that Tinubu was leaving Nigeria for a three-week vacation in Europe.

Atiku cited Section 145 of the 1999 Constitution, which provides for a written declaration to the President of the Senate and Speaker of the House when the President proceeds on vacation, after which the Vice President performs the functions of President as Acting President.

He further said the Constitution provides that where such a declaration is not transmitted within 21 days, the National Assembly may, by a simple majority of each House, mandate the Vice President to perform the functions of President as Acting President.

“The 21 days have now elapsed. If such a letter exists, the Presidency should publish it immediately,” Atiku said.

He argued that if no such declaration was transmitted, the National Assembly should explain why the constitutional mechanism under Section 145(2) had not been activated

Atiku said the matter was not about political convenience but about constitutional procedure, particularly as Shettima was also outside the country representing Nigeria at the United Nations General Assembly.

“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?” he asked.

The former vice president said Nigeria could not be governed by assumptions or what he described as presidential social-media posts and photographs from engagements abroad.

“Nigeria cannot be governed by assumptions. It cannot be governed by presidential social-media posts from Europe,” he stated.

Atiku also linked his concerns to the deaths of 37 Nigerians in NSCDC custody in Minna, Niger State, as well as rising petrol prices and the broader economic difficulties confronting households.

The deaths of the detainees have prompted investigations and official actions, while the Federal Government has said it is probing the circumstances surrounding the incident.

The ADC presidential candidate said the situation made the question of presidential authority particularly important.

“These are not ordinary times. Yet the President is abroad. The Vice President is abroad. The Senate President is abroad,” Atiku said.

He also referred to Tinubu’s private dinner with French President Emmanuel Macron in Paris, arguing that diplomatic engagements should not be presented as an alternative to the constitutional procedure governing presidential succession during a vacation.

“The Constitution does not recognise a ‘working vacation’ as an alternative system of presidential succession. It provides a procedure. That procedure must be obeyed,” he stated.

Atiku consequently called on the Presidency to tell Nigerians whether Tinubu transmitted the declaration contemplated by Section 145(1) before leaving the country.

He also asked the President of the Senate and the Speaker of the House of Representatives to disclose whether they received such communication.

“And if no declaration was transmitted within the constitutionally stipulated period, the National Assembly must explain why the procedure provided by Section 145(2) has not been activated,” Atiku said.

The statement concluded with a call for what Atiku described as visible, accountable and constitutionally grounded leadership, arguing that Nigeria was bigger than any individual president.

The Presidency had described Tinubu’s trip as a three-week annual leave and said he was expected to return to Nigeria after the vacation.