The African Action Congress (AAC) has sued President Bola Ahmed Tinubu, the Attorney General of the Federation (AGF), the National Assembly and its presiding officers at the Federal High Court in Abuja over the President’s alleged failure to notify the National Assembly before embarking on a month-long trip to Europe.
In an originating summons filed on Monday, the party asked the court to declare that Tinubu breached Section 145(1) of the 1999 Constitution by leaving Nigeria without transmitting a written declaration to the President of the Senate and the Speaker of the House of Representatives.
The suit, marked FHC/ABJ/CS/2358/2026, lists Tinubu, the AGF, the Senate President, the Speaker of the House of Representatives and the National Assembly as defendants.
The AAC, whose address was listed as House TD7, Global Estate, Apo Primary, Abuja, alleged that Tinubu departed Nigeria for Europe on August 30, 2026, and remained outside the country as of the date the suit was filed.
The party is seeking a declaration that Section 145(1) of the Constitution requires the President to transmit a written declaration to the Senate President and the Speaker before proceeding on vacation, regardless of the duration of the absence.
It also wants the court to declare that the alleged failure to transmit such a declaration before the trip was “undemocratic and a gross violation of the Constitution.”
AAC challenges National Assembly’s inaction
The party is further challenging what it described as the National Assembly’s failure to convene and pass a resolution authorising the Vice-President to act as President after Tinubu had allegedly spent more than 21 days on vacation.
The AAC is asking the court to declare that the alleged failure by the National Assembly to act amounted to “unlawful, unconstitutional” conduct and a breach of the duty imposed on it under Section 145(2) of the Constitution.
The party is also seeking an order of perpetual injunction restraining Tinubu from embarking on any future vacation, whether within or outside Nigeria, without first transmitting the required written declaration to the Senate President and the Speaker.
Among the questions submitted for determination is whether a “purposive and dispassionate interpretation” of Section 145(1) permits a President to proceed on vacation without first transmitting a written declaration to the National Assembly.
The AAC instituted the case pursuant to Order 3 Rule 9 of the Federal High Court (Civil Procedure) Rules 2019 and Sections 6 and 145 of the Constitution.
The originating summons directs the defendants to enter an appearance within 30 days of being served, failing which the court may proceed to make such orders as it considers just and expedient.
The suit was filed by Inibehe Effiong of Inibehe Effiong Chambers, counsel to the AAC.
No date has been fixed for the hearing of the case.
