President Bola Tinubu’s prolonged stay outside Nigeria has taken a fresh political and legal turn, with the African Action Congress challenging the absence in court while the African Democratic Congress says its candidate, Atiku Abubakar, would provide a “physically present” presidency if elected in 2027.
The two developments came as the Presidency maintained that Tinubu remained in charge of government during his working vacation in Europe.
The AAC filed a suit at the Federal High Court in Abuja, asking the court to determine whether Tinubu was required to transmit a written declaration to the National Assembly before extending his stay outside the country.
The suit, filed by the party’s National Legal Adviser, Inibehe Effiong, is marked FHC/ABJ/CS/2353/2026.
The party is also asking the court to determine whether the National Assembly was required to pass a resolution authorising Vice-President Kashim Shettima to perform the functions of Acting President after the period specified under Section 145(1) of the 1999 Constitution.
Joined as defendants are Tinubu, Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi; Senate President Godswill Akpabio; Speaker of the House of Representatives, Tajudeen Abbas; and the National Assembly.
In its affidavit, the AAC said Tinubu left Nigeria on August 30 and later announced an extension of his vacation on September 21.
The party is seeking declarations on the constitutional requirements governing presidential absence.
It is also asking the court to restrain Tinubu and future presidents from proceeding on extended vacations without complying with the relevant constitutional provisions.
The legal challenge came as the ADC Presidential Campaign Council made presidential availability part of its 2027 campaign message.
The council said its candidate, Atiku Abubakar, would provide a “physically present” and responsive presidency if elected.
ADC PCC Director of Media and Publicity, Kola Ologbondiyan, made the declaration in Abuja while receiving leaders of the Atiku Unity Movement.
Ologbondiyan said Nigeria needed a President who was physically available to respond to the demands of governance.
The statement, however, remains a campaign commitment concerning a future administration.
The Presidency has defended Tinubu’s absence, insisting that the President remains in control of government.
Special Adviser to the President on Information and Strategy, Bayo Onanuga, said Tinubu was “hale and hearty” and continued to work while outside Nigeria.
Onanuga said modern communication technology meant the President did not have to be physically present in Abuja to perform his duties.
Tinubu left Nigeria on August 30 for London before travelling to Paris, where the Presidency said he held official engagements.
The Presidency announced on September 21 that his working vacation had been extended by a few days.
Vice-President Kashim Shettima subsequently represented Nigeria at the 81st United Nations General Assembly in New York.
The dispute has now moved beyond the President’s whereabouts to a constitutional question over the formal requirements governing presidential absence.
While the court is being asked to interpret the relevant constitutional provisions, political parties are already making presidential accessibility part of the emerging 2027 campaign debate.
The court’s interpretation of Section 145 will determine the legal questions raised by the AAC.