Atiku Questions Who Is Constitutionally In Charge As Tinubu’s 21-Day Vacation Elapses

By Sabiu Abdullahi

Former Vice President and presidential candidate under the platform of the ADC in 2027, Atiku Abubakar has questioned who is constitutionally exercising the powers of the Nigerian presidency following the expiration of the 21-day period since President Bola Ahmed Tinubu left the country on an official three-week vacation.

Atiku raised the issue in a statement posted on Facebook on Monday, September 21, 2026, citing Section 145 of the 1999 Constitution, which sets out the procedure for the transfer of presidential functions during the President’s temporary absence.

The Presidency announced on August 30 that Tinubu had departed Nigeria for Europe to begin a three-week vacation as part of his annual leave. According to the announcement by his Special Adviser on Information and Strategy, Bayo Onanuga, the President was expected to return after the working vacation.

Section 145(1) of the Constitution states that whenever the President proceeds on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives. The provision further states that the Vice President shall perform the functions of the President as Acting President under the prescribed arrangement.

The same section provides that where the President is unable or fails to transmit the declaration within 21 days, the National Assembly shall, through a resolution supported by a simple majority in each chamber, mandate the Vice President to perform the functions of President as Acting President.

Atiku said Nigerians had not been shown any such constitutional communication transferring presidential authority to Vice President Kashim Shettima.

“President Tinubu left Nigeria on 30 August. The Presidency publicly announced a three-week vacation. Yet, to date, Nigerians have not been shown any constitutional letter transmitting presidential authority to Vice President Kashim Shettima,” he wrote.

He called on the Presidency to publish the letter if it exists and argued that, in the absence of such a declaration after 21 days, the National Assembly should explain why the constitutional procedure had not been activated.

“This is not a matter of political convenience. It is a matter of constitutional order,” Atiku said.

His comments come as Shettima is in New York representing Tinubu at the 81st session of the United Nations General Assembly. The Presidency said Tinubu mandated his deputy to lead Nigeria’s delegation to the UNGA, which begins its general debate on September 22.

Atiku also questioned the situation against the backdrop of recent domestic challenges, including the deaths of 37 Nigerians in the custody of the Nigeria Security and Civil Defence Corps in Minna and rising petrol prices in parts of the country.

He argued that the circumstances required Nigerians to know clearly who was exercising presidential authority and under what constitutional provision.

“Nigeria cannot be governed by assumptions. It cannot be governed by presidential social-media posts from Europe,” Atiku wrote.

“It cannot be governed by photographs from private dinners at the Élysée Palace.

“It cannot be governed on autopilot.”

The former Vice President further urged the President of the Senate and the Speaker of the House of Representatives to clarify whether they had received any communication from Tinubu under Section 145(1).

He also called on the National Assembly to explain its position if no declaration had been transmitted within the constitutionally stipulated period.

“The Presidency should therefore tell Nigerians immediately whether President Tinubu transmitted the declaration contemplated by Section 145(1) before leaving the country,” Atiku said.

“The President of the Senate and the Speaker of the House should equally tell Nigerians whether such a communication was received.

“And if no declaration was transmitted within the constitutionally stipulated period, the National Assembly must explain why the procedure provided by Section 145(2) has not been activated.”

Atiku concluded by asking: “Who, constitutionally, is in charge of Nigeria?”