Solomon Dalung: Tinubu Working Vacation Constitutional Breach Alleged

• Former Minister Solomon Dalung accused President Bola Ahmed Tinubu of a constitutional breach for taking a "working vacation" without transmitting power.
• Dalung argues the Nigerian Constitution does not recognize the term "working vacation" and mandates power transmission under Section 145(1) during any presidential leave.
• He highlighted that Section 145(1) requires the President to declare Vice President Kashim Shettima as acting president, regardless of the vacation's duration.
• Dalung also questioned why the National Assembly had not invoked Section 145(2), which allows it to mandate the Vice President to act if power is not transmitted within 21 days.
• President Tinubu departed for a three-week European vacation on August 30, which was later extended, prompting debate over the constitutional implications of his prolonged absence.

The issue here is not that the absence of the president has affected anything, it is a constitutional issue which is dealt with in Section 145 subsection 1.

Former Minister of Youth and Sports, Solomon Dalung, has leveled a significant accusation against President Bola Ahmed Tinubu, alleging a constitutional breach stemming from the President's recent "working vacation." Dalung's concerns, voiced during an appearance on Daily Trust's News Hour on Monday, center on President Tinubu's decision to embark on this leave without formally transmitting executive authority to Vice President Kashim Shettima.

Dalung firmly asserts that the concept of a "working vacation" or "working leave" is entirely alien to the Nigerian Constitution. He emphasized that the nation's foundational legal document does not recognize such a term, making any official announcement to that effect constitutionally incongruous. In his view, the critical question is not whether the President continued to perform duties from abroad, but rather strict adherence to the established constitutional procedure for presidential absence.

The crux of Dalung's argument lies in the mandatory provisions of Section 145(1) of the Nigerian Constitution, which dictates the protocol for presidential absence. According to this section, whenever the President proceeds on vacation, regardless of its duration—even for a single day—a declaration must be transmitted to the Vice President, designating him as the acting president. This requirement ensures that no leadership vacuum exists, maintaining the continuity of governance.

Dalung underscored that the language used in this constitutional provision, specifically the word "shall," denotes an unequivocal and compulsory obligation. Therefore, the issue is not about the President's capacity to govern remotely, but about the imperative to follow due process for presidential leave. The failure to formally transfer power to Kashim Shettima as acting president, in Dalung's interpretation, constitutes a direct violation of this critical constitutional safeguard.

Beyond the President's actions, Dalung also raised questions regarding the National Assembly's inaction, particularly concerning Section 145(2) of the Nigerian Constitution. This provision outlines a mechanism for intervention if a president fails to transmit the required declaration within 21 days of commencing leave. In such a scenario, the National Assembly is empowered to mandate the Vice President to assume acting capacity through a simple majority vote.

President Tinubu's journey began on August 30, when he departed Nigeria for a three-week vacation in Europe, as announced by the Presidency. The State House subsequently confirmed an extension of this trip by a few days, with his return anticipated at the weekend. While this prolonged absence has fueled debate, Senate President Godswill Akpabio maintained that no leadership vacuum existed, asserting that President Tinubu continued to oversee national affairs from his location abroad.

The President's extended absence and the ensuing debate have brought the constitutional implications of a "working vacation" into sharp focus. Dalung emphasized that if a president is not officially on leave, they are free to conduct official business from any location globally. However, the moment a president declares they are proceeding on leave, the Nigerian Constitution unequivocally mandates the transmission of power.

Dalung also expressed concern over the transparency surrounding the President's whereabouts and activities. He argued that Nigerians are entitled to clear and accountable information from official sources regarding their leader. In his assessment, the state press media has been "economical with the truth," leaving citizens without adequate knowledge of the President's current location and engagements.

This article highlights a critical debate regarding the strict interpretation and adherence to constitutional provisions on presidential power transmission during absence. Lawyers should note the potential constitutional implications of a 'working vacation' and the mandatory requirements of Section 145(1) and (2) of the Nigerian Constitution, which could inform future legal challenges or interpretations concerning executive authority and succession.

Source: Reporting based on Daily Trust's News Hour