Sowore’s party, AAC, took Tinubu’s holiday issue to court, wanting the role of NASS to be clarified

As President Bola Tinubu’s holiday extension continues to spark debate, the African Action Congress (AAC) has approached the Federal High Court in Abuja to determine whether the president is constitutionally obliged to submit a written declaration to the National Assembly before extending his holiday abroad.

The lawsuit, filed on Monday by the party’s National Legal Advisor and human rights lawyer, Inibehe Effiong, also challenges the National Assembly’s failure to pass a resolution authorizing Vice President Kashim Shettima to assume the functions of Acting President after the period specified under Article 145(1) of the 1999 Constitution.

2027 AAC presidential candidate, Omoyele Sowore, appeared at the Federal High Court to witness the filing of the suit.

In its lawsuit, marked FHC/ABJ/CS/2353/2026, AAC asks for a statement that the President’s alleged failure or refusal to submit the required written statement to the President of the Senate and the Speaker of the House of Representatives is unlawful and unconstitutional.

The party also asked the court to declare that the National Assembly’s failure to pass a resolution allowing Shettima to assume the functions of Acting President after Tinubu’s vacation exceeded 21 days was contrary to the Constitution.

Also accused are President Tinubu, Attorney General of the Federation and Minister of Justice, Lateef Fagbemi; Senate President May Akpabio; Speaker of the House of Representatives Tajudeen Abbas; and the National Assembly.

In a 30-paragraph written statement submitted in support of the lawsuit, AAC National Secretary, Oshiokhue Philip Ikpeminoghena, stated that Tinubu traveled out of Nigeria on August 30, 2026, and later announced an extension of his vacation on September 21.

The party asked the court to issue a lasting injunction prohibiting Tinubu and the presidential aspirant from going ahead with the holiday without complying with the provisions of Article 145(1) of the Constitution.

The AAC is also seeking an order directing the relevant constitutional authorities to comply with the provisions governing the transfer of presidential functions in case the President is unable to discharge his duties.

The lawsuit raised constitutional questions for the court regarding the application of Article 145(1), particularly in circumstances where the Vice President assumes the functions of Acting President when the President is abroad for an extended period of time.

There is no set date for the trial.