President Bola Ahmed Tinubu's decision to extend his "working vacation" in France has ignited a constitutional debate over a perceived vacuum in the presidency, with a human rights lawyer arguing that the prolonged absence violates the Nigerian Constitution.
Extended Vacation Beyond Constitutional Limits
Tinubu departed Nigeria on August 30 for a 21-day "working vacation," which he has now extended by five days, exceeding the period stipulated in the constitution for leaving the country without notifying the National Assembly. The president's spokesman, Bayo Onanuga, announced the extension on September 21 via his X page, stating that Tinubu would return to Nigeria at the weekend.
During his stay, Tinubu was hosted to dinner by French President Emmanuel Macron in Paris and shared pictures of his meeting with Cyrille Bolloré, CEO of the Bolloré Group. The extension has drawn criticism, especially as Vice President Kashim Shettima is simultaneously in New York for the United Nations General Assembly, raising questions about the current governance structure.
Legal Challenge: Section 145 of the Constitution
Human Rights Lawyer Inehihe Effiong, appearing on Channels Television, asserted that there is a vacuum in the office of the President of the Federal Republic of Nigeria. According to Effiong, Tinubu's vacation, which has extended beyond the 21-day window permissible under Section 145 of the Constitution, has created a vacuum in the presidency.
Effiong argued that specific powers in the Nigerian constitution can only be exercised by the President, not the Vice President or cabinet ministers. He cited Section 5 of the Constitution, which grants executive powers exclusively to the President, and contended that Tinubu's extended vacation has left the country without leadership.
"When the president has embarked on vacation, particularly one that has exceeded the 21-day window permissible under Section 145, then the country no longer has a president or a person capable of exercising the functions of the office of president," Effiong said in a post on X.
What Section 145 Says
Section 145 of the Constitution states that whenever the President is proceeding 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. Until he transmits a written declaration to the contrary, the Vice-President shall perform the functions of the President as Acting President.
The section further provides that if the President fails to transmit the written declaration within 21 days, the National Assembly shall, by a resolution made by a simple majority of the vote of each House, mandate the Vice-President to perform the functions of the office of the President as Acting President. This mandate continues until the President transmits a letter indicating he is available to resume his functions.
Presidency and Senate President Defend Tinubu
The Presidency has dismissed the criticisms as baseless, with spokesmen insisting that Tinubu has been managing the nation's affairs from France and remains up to date with all relevant developments. Senate President Godswill Akpabio, who recently returned from a trip to Rome, also dismissed claims of a vacuum in the office of the president.
Tinubu's absence at the UNGA has sparked controversy, with many calling it an absence of leadership and a huge embarrassment to the country, especially since Macron, who hosted Tinubu in France, departed for the meeting of nations. As of September 23, 2026, Tinubu has spent 285 days away from Nigeria across official trips and vacations, with ₦8.74 billion earmarked for both international and local travels for the President and Vice President in the 2026 budget.
President Tinubu is expected back in Nigeria over the weekend after a month away from the country. Upon his return, he will begin his reelection campaign ahead of the national elections in January 2027.
