Some members of the House of Representatives under the platform of the Save Democracy Group have asked the National Assembly to reconvene to determine whether President Bola Tinubu complied with the constitutional requirement to notify the legislature of his absence from Nigeria.
The group made the demand in a statement issued on Wednesday, amid concerns over the President’s continued stay abroad after the 21-day period stipulated in Section 145 of the 1999 Constitution expired.
Tinubu left Nigeria on August 30 for London, where he began what the Presidency described as a working vacation. After a week in the United Kingdom, he travelled to Paris, France.
On Monday, the President extended his overseas vacation by a few days. He is expected to return to Nigeria by the weekend.
The lawmakers noted that Section 145(1) requires the President, whenever he proceeds on vacation, to transmit a written declaration to the Senate President and the Speaker of the House of Representatives. The Vice-President then performs the functions of the President in an acting capacity.
They added that, under Section 145(2), where the President is unable or fails to transmit the declaration within 21 days, the National Assembly may, through a simple-majority resolution of each chamber, mandate the Vice-President to act as President until the President communicates his availability to resume his functions.
The group demanded that the Senate President and the Speaker publicly disclose whether Tinubu transmitted the required declaration to the parliament.
“If it was transmitted, the President of the Senate and the Speaker of the House of Representatives should immediately make that fact clear to Nigerians,” the lawmakers said.
They added that if no declaration was transmitted within the stipulated period, the National Assembly should reconvene and immediately comply with Section 145(2) of the Constitution.
The lawmakers also argued that the President’s ability to communicate with officials or issue directives remotely does not resolve the constitutional question.
“The question is not whether modern technology allows the President to work from another country. The question is whether the Constitution has been obeyed. No individual is greater than the Constitution,” the group said.
The statement was signed on behalf of the group by Awaji-Inombek Abiante, who represents Andoni/Opobo-Nkoro Federal Constituency in Rivers State, and Abubakar Yahaya, who represents Kankia/Ingawa/Kusada Federal Constituency in Katsina State.
