The African Action Congress (AAC) has instituted a legal action against President Bola Tinubu, the National Assembly and the Attorney General of the Federation over the President’s recent extended stay in Europe.
The party filed the suit before the Federal High Court in Abuja, alleging that Tinubu violated the 1999 Constitution by leaving Nigeria for a month-long vacation without notifying the National Assembly in writing.
In the originating summons filed on Monday, the AAC asked the court to declare that Tinubu breached Section 145(1) of the Constitution by allegedly failing to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives before embarking on the trip.
The case, marked FHC/ABJ/CS/2358/2026, lists Tinubu, the Attorney General of the Federation, the Senate President, the Speaker of the House of Representatives and the National Assembly as defendants.
According to the AAC, Tinubu left Nigeria for Europe on August 30, 2026, and was still outside the country when the suit was filed.
The party argued that Section 145(1) requires the President to formally notify the National Assembly whenever he is proceeding on vacation or is otherwise unable to discharge his duties.
It therefore asked the court to declare that the alleged failure to transmit the required written declaration amounted to a violation of the Constitution.
The AAC also challenged what it described as the failure of the National Assembly to take action after Tinubu had spent more than 21 days away from the country.
The party argued that the National Assembly ought to have considered the constitutional provisions relating to the Vice-President acting as President during the President’s absence.
It asked the court to declare that the alleged failure of the National Assembly to convene and pass the necessary resolution was contrary to Section 145(2) of the Constitution.
In addition, the AAC is seeking an order permanently restraining Tinubu from embarking on future vacations, whether within or outside Nigeria, without first transmitting the constitutionally required written declaration to the Senate President and the Speaker of the House of Representatives.
Among the questions the party wants the court to determine is whether Section 145(1) permits the President to proceed on vacation for any period without first sending a written declaration to the leadership of the National Assembly.
The suit was filed pursuant to Order 3 Rule 9 of the Federal High Court (Civil Procedure) Rules, 2019, as well as Sections 6 and 145 of the 1999 Constitution.
The originating summons directs the defendants to enter an appearance within 30 days of being served with the court papers.
The AAC is represented by human rights lawyer Inibehe Effiong of Inibehe Effiong Chambers.
No date has been fixed for the hearing of the case.
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