Former Minister of Youth and Sports, Solomon Dalung, has accused President Bola Ahmed Tinubu of violating the Nigerian Constitution by going on what the Presidency described as a “working vacation” without formally transferring presidential powers to Vice President Kashim Shettima.
Dalung made the allegation on Monday during an appearance on Daily Trust’s News Hour, where he discussed Tinubu’s prolonged stay outside Nigeria.
According to the former minister, the expression “working vacation” has no place in the Nigerian Constitution and cannot replace the constitutional procedure required when a President proceeds on leave.
Dalung argued that the Constitution is explicit on what should happen when the President is away on vacation, stressing that official duties being performed from abroad do not remove the requirement to formally transmit power to the Vice President.
“The Nigerian President proceeded on vacation. It was announced that he was going to proceed on working vacation. Again, the concept, working vacation is incongruous and unknown in our Constitution,” he said.
“There is nothing called working vacation or working leave. The Constitution does not recognise that. The media or the press cannot amend the Constitution of Nigeria with a press statement.
“Where we are is whether the President has complied or has violated the Constitution and, in my opinion, he has done that.”
Dalung said the main issue was not whether Tinubu was still performing official functions while abroad, but whether the constitutional requirements governing presidential absence had been followed.
He referred specifically to Section 145(1) of the Constitution, which deals with the President transmitting a written declaration to the Senate President and Speaker of the House of Representatives when proceeding on vacation or otherwise unable to discharge his functions.
“The issue here is not that the absence of the President has affected anything, it is a constitutional issue which is dealt with in Section 145 subsection 1,” Dalung said.
“The rule is clear, when the President proceeds on a vacation. Whether it is a one-day vacation, five-minute vacation, the Constitution requires that a vacuum will not exist at all.”
He maintained that the constitutional provision requires the President to transmit a declaration to the relevant National Assembly leaders, allowing the Vice President to act in his capacity during the period of absence.
“It is not about performance of a government function, he will have to transmit that of acting president to his vice and the requirement and expression here is ‘shall’,” he added.
Dalung also questioned why the National Assembly had not taken action under Section 145(2), which provides a procedure where the President fails to transmit the required declaration after 21 days.
He said the focus should be on whether the constitutional procedure had been followed and whether the legislature had fulfilled its responsibilities under the same provision.
“The conversation should be why has the President failed to comply with Section 145 subsection 1 of the Constitution and why has the National Assembly failed to comply with Section 145 subsection 2, which says that if a President fails to transmit or delegate for a period of 21 days after proceeding on leave, the National Assembly shall with a simple majority mandate the Vice President to act in that capacity,” Dalung said.
He added that Tinubu could operate from any location if he had not formally proceeded on vacation, but once a leave had been announced, he believed the constitutional procedure should apply.
“If the President is not proceeding on vacation, he can work anywhere in the world, but the moment the President announces that he is proceeding on a leave, the Constitution requires him to transmit power,” he said.
Tinubu left Nigeria on August 30 for a three-week vacation in Europe, according to the Presidency. The State House subsequently announced that the President had extended his stay by a few days and was expected to return at the weekend.
The President’s extended absence has generated public debate over the constitutional implications of his trip.
Senate President Godswill Akpabio, however, has said there is no leadership vacuum, maintaining that Tinubu remains in charge and continues to oversee the affairs of the country while outside Nigeria.
Dalung also called for greater transparency from the Presidency concerning the President’s location and activities while abroad.
“We have to depend on the state press media to give us transparent information of the President’s whereabouts and what he is doing, and must be accountable for where the President is,” he said.
“But as it is, they are economical with the truth. Nigerians need to know where their President is and what he is doing.”
The former minister further criticised the National Assembly for not taking action under the constitutional provision he cited.
He concluded by describing the situation as “democratic anarchy with impunity” and questioned the extent to which constitutional provisions were being observed.
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