The African Action Congress (AAC) has initiated legal action against President Bola Tinubu, the Attorney General of the Federation, and the National Assembly over the President's failure to formally hand over power to Vice President Kashim Shettima during his vacation in Europe. The suit was filed through an Originating Summons on Monday, September 28, 2026, at the Federal High Court in Abuja, according to a statement by Inibehe Effiong, the AAC's National Legal Adviser and a Lagos-based human rights lawyer.
Legal Challenge Over Constitutional Compliance
The case, marked FHC/ABJ/CS/2353/2026, names President Tinubu, Attorney General of the Federation Lateef Fagbemi SAN, Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abass, and the National Assembly as defendants. Effiong made this known via a post shared on his X handle @InibeheEffiong on the same day the suit was filed.
The AAC is seeking a court declaration that Tinubu's failure to send a written declaration to the Senate President and House Speaker—which would have allowed the National Assembly to authorise Shettima to act as president—is unlawful and violates Section 145(1) of the 1999 Constitution as amended. The party is also asking the court to declare that the National Assembly acted unconstitutionally by failing to pass a resolution enabling Shettima to assume acting presidential powers after Tinubu's absence exceeded 21 days.
Background to the Suit
In a 30-paragraph affidavit deposed to by AAC National Secretary Oshiokhue Philip Ikpeminoghena, the party said Tinubu left Nigeria on vacation on August 30, 2026, and announced an extension of that vacation on September 21, 2026, without providing any clear reason. The affidavit also noted that Senate President Akpabio, rather than carrying out what the party described as his constitutional obligations, publicly announced that he had travelled to the Prayer Ground of St. Padre Pio in San Giovanni Rotondo, Italy, to pray for Nigeria.
Omoyele Sowore, the AAC's 2027 presidential candidate, was present at the court when the suit was formally filed. No hearing date has been set for the case.
Akpabio Defends Tinubu's Extended Vacation
Meanwhile, Legit.ng also reported that Senate President Godswill Akpabio dismissed calls for Tinubu to hand over power to Shettima during his working vacation abroad. Akpabio spoke on Tuesday, September 22, in Akwa Ibom state while commissioning road projects and addressed concerns over the President's three-week holiday, recently extended by one week. The Presidency had not provided a formal return date for President Tinubu as at the time Akpabio made his remarks.
