Former Vice President and African Democratic Congress (ADC) presidential candidate Atiku Abubakar has questioned the constitutional status of President Bola Tinubu’s ongoing absence from the country, asking who is currently exercising presidential authority in Nigeria.
Atiku raised the concerns in a statement on issued on Monday, September 21, 2026, 21 days after Tinubu departed Nigeria for what the Presidency described as a three-week annual vacation.
The ADC candidate stated that the president’s absence had triggered constitutional questions over whether power had been formally transferred to Vice President Kashim Shettima in line with Section 145 of the 1999 Constitution.
According to Atiku, the Constitution requires the president to transmit a written declaration to the Senate President and Speaker of the House of Representatives whenever he proceeds on vacation, allowing the vice president to assume the role of acting president.
Atiku said if such a declaration is not transmitted within 21 days, the National Assembly is empowered to mandate the vice president to perform the functions of president.
He stated: “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.
“The 21 days have now elapsed. If such a letter exists, the Presidency should publish it immediately.
“If it does not, then the constitutional mechanism contemplated by Section 145(2) has been triggered, and the National Assembly owes Nigerians an explanation as to why it has not acted.
“This is not a matter of political convenience. It is a matter of constitutional order.”
Shettima to address UNGA on Thursday
Atiku also expressed concern that both Tinubu and Shettima were currently outside the country, with Shettima attending the United Nations General Assembly in New York.
He said: “The situation is made even more disturbing by the fact that Vice President Shettima is himself presently in New York representing Nigeria at the United Nations General Assembly — the third consecutive UN General Assembly at which President Tinubu has delegated Nigeria’s representation to his deputy.
“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?”
The ADC candidate said Nigeria could not be governed through assumptions or social media updates, arguing that the country required clear constitutional leadership, especially amid ongoing economic and security challenges.
He cited recent national issues, including the deaths of 37 suspected illegal miners in Nigeria Security and Civil Defence Corps (NSCDC) custody in Niger State, rising petrol prices in some parts of the country, and increasing pressure on households.
“These are not ordinary times. Yet the President is abroad. The Vice President is abroad,” Atiku noted.
Atiku called on the Presidency to clarify whether Tinubu transmitted the required declaration before leaving Nigeria.
He also urged the Senate President and Speaker of the House of Representatives to disclose whether they received any such communication.
The former vice president added: “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.
“Nigeria is bigger than any President. At a time of severe economic hardship, rising energy costs, security challenges and the shocking deaths of citizens in government custody, the country deserves visible, accountable and constitutionally grounded leadership.
“The question will not disappear: Who, constitutionally, is in charge of Nigeria?”
