The African Action Congress (AAC) has dragged President Bola Tinubu, the Attorney General of the Federation (AGF), the National Assembly and its presiding officers before the Federal High Court in Abuja over the President’s failure to transmit a written declaration handing over presidential functions to Vice-President Kashim Shettima during his vacation.
The suit, filed on behalf of the party through an Originating Summons on Monday, September 28, 2026, was instituted by the AAC National Legal Adviser and Lagos-based human rights lawyer, Inibehe Effiong.
Effiong is asking the court to declare that Tinubu’s failure or refusal to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives, to enable the National Assembly to pass a resolution authorising Shettima to perform the functions of President as Acting President, is unlawful and violates Section 145(1) of the 1999 Constitution, as amended.
The party is also seeking a declaration that the failure of the National Assembly to pass a resolution enabling Shettima to assume the functions of Acting President after Tinubu’s vacation exceeded 21 days is unconstitutional.
AAC further asked the court to issue a perpetual injunction restraining Tinubu and future presidents from proceeding on vacation without complying with Section 145(1) of the Constitution.
In a 30-paragraph affidavit deposed to by the party’s National Secretary, Oshiokhue Philip Ikpeminoghena, AAC stated that Tinubu travelled out of the country on vacation on August 30, 2026, and announced an extension of the vacation on September 21 without, according to the party, offering any cogent reason.
The party also criticised Senate President Godswill Akpabio, alleging that instead of discharging his constitutional responsibilities, he announced that he had travelled to the Prayer Ground of St. Padre Pio in San Giovanni Rotondo, Italy, to pray for the country.
Joined as defendants in the suit, marked FHC/ABJ/CS/2353/2026, are the Attorney General of the Federation, Lateef Fagbemi, SAN; Senate President Godswill Akpabio; Speaker of the House of Representatives, Tajudeen Abbas; and the National Assembly.
AAC’s 2027 presidential candidate, Omoyele Sowore, was also present at the court to witness the filing of the suit.
No date has been fixed for hearing of the case.
