“Mr. President, Enjoy Your Vacation, But Don't Vacate The Constitution” - By Paul Ibe.

The Presidency’s announcement that President Bola Ahmed Tinubu has extended his “working vacation” raises a simple constitutional question: Did the President transmit the written declaration required by Section 145 of the Constitution when he proceeded on vacation on August 30?

This is not about whether a President may travel abroad. Of course he may. It is within his purview. Nor is it about whether he can receive briefings, make calls or issue instructions while outside Nigeria.

The issue is what the Constitution requires when a President proceeds on vacation.

Section 145(1) provides 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 declaration to the contrary, the Vice-President performs the functions of President as Acting President.

The important words are “vacation” and “shall.” The Constitution does not create a category called “working vacation”. And the Presidency itself announced on August 30 that President Tinubu was beginning a three-week vacation as part of his annual leave. On September 21, it announced that the vacation had been extended by a few days.

So the question is unavoidable: can adding the word “working” to a vacation displace a constitutional provision that expressly applies whenever the President is proceeding on vacation?

There is nothing inherently unconstitutional about President Tinubu communicating with officials from abroad. Nor is there anything objectionable about Vice-President Kashim Shettima or the Secretary to the Government of the Federation, Senator George Akume, representing him at official functions.

But representation is not Acting Presidency.

The Presidency itself said Shettima had been representing Tinubu at official functions and that, after the Vice-President travelled to New York for the UN General Assembly, Akume would continue representing the President at events.

That may be perfectly proper for ceremonial representation.

But the Constitution specifically identifies the Vice-President as the official who performs presidential functions as Acting President under Section 145. It does not make the SGF Acting President because the President and Vice-President are both outside Nigeria.

Section 145(2) is even more important now. It provides that where the President is unable or fails to transmit the written declaration required by subsection (1) within 21 days, the National Assembly shall, by resolutions supported by a simple majority of each House, mandate the Vice-President to perform the functions of President as Acting President.

That provision should not be misunderstood as giving a President an automatic 21-day licence to vacation without complying with Section 145.

Subsection (1) creates the obligation. Subsection (2) provides the constitutional safeguard where that obligation has not been fulfilled.

President Tinubu left Nigeria on August 30 for what the State House itself called a three-week annual vacation. That initial period has expired, and the Presidency has now announced an extension.

The questions are therefore straightforward. Did President Tinubu transmit the declaration contemplated by Section 145?

If he did, the Presidency should simply say so. If he did not, what constitutional basis is being relied upon to treat his vacation as falling outside Section 145?

And now that more than 21 days have elapsed since the vacation began, what is the National Assembly’s understanding of its responsibility under subsection (2)?

These are not trivial questions. Nigeria’s experience during President Umaru Musa Yar’Adua’s prolonged absence demonstrated the dangers of uncertainty over who is exercising presidential authority. Section 145 was subsequently amended to create greater clarity around temporary presidential absence.

President Tinubu is entitled to his vacation. He is entitled to travel and to remain in communication with his government from abroad.

But telephone calls, remote instructions and political assurances cannot substitute for constitutional procedure.

The Constitution recognises a President. It recognises a Vice-President. It recognises an Acting President.

What it does not recognise is a constitutional office called “President on Working Vacation.”

So, Mr President, enjoy your vacation. But please, do not vacate the Constitution.

Paul Ibe, Media Adviser to Atiku Abubakar, writes from Abuja.