Senate President Godswill Akpabio has dismissed claims of a constitutional vacuum arising from President Bola Tinubu’s prolonged absence from Nigeria, insisting that the President remains in office and continues to direct the affairs of the country from abroad.

Tinubu departed Nigeria on August 30 for what the Presidency described as a three-week working vacation. His stay was subsequently extended by several days, with officials indicating that he was expected to return at the weekend. The Presidency has maintained that the President remains in communication with government officials and continues to discharge his responsibilities.

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The development has sparked debate over the constitutional procedure for transferring presidential responsibilities, particularly as Vice-President Kashim Shettima travelled to New York on September 20 to represent Nigeria at the 81st United Nations General Assembly. Opposition figures and political parties have called on the National Assembly to clarify whether the provisions of Section 145 of the 1999 Constitution have been followed.

Reacting to the controversy, Akpabio said there was no vacancy in the presidency and argued that the National Assembly could only declare one under circumstances recognised by law. He maintained that Tinubu was still running the country, adding that modern communication technology made it possible for the President to issue instructions from abroad.

“Right now, there is no vacancy. Asiwaju Tinubu is still in power, and he’s still running the affairs of Nigeria. The world is a global village, you can give instructions from the internet. So why are people complaining?” Akpabio said.

His remarks followed calls by African Action Congress (AAC) presidential candidate Omoyele Sowore and the African Democratic Congress (ADC) for the National Assembly to examine the constitutional implications of the President’s absence.

Sowore argued that the expiration of Tinubu’s initial 21-day vacation period required lawmakers to determine whether Section 145 had been properly applied. He challenged Akpabio and House of Representatives Speaker Tajudeen Abbas to clarify whether the President had transmitted the required written declaration.

Section 145(1) of the Constitution provides for a written declaration to be transmitted to the Senate President and the Speaker of the House of Representatives when the President proceeds on vacation or is otherwise unable to perform the functions of office, authorising the Vice-President to act as President.

Subsection 145(2) provides that, if the President fails or is unable to transmit the declaration within 21 days, the National Assembly may, by a simple majority in both chambers, require the Vice-President to perform the functions of President as Acting President.

The ADC also questioned the continued absence of both Tinubu and Shettima, arguing that Secretary to the Government of the Federation George Akume could not assume presidential powers simply by representing the President at official engagements.

The party said the Presidency and National Assembly should clarify who was exercising presidential authority and the legal basis for doing so. The Presidency had said Akume would represent Tinubu at selected engagements during the President’s absence.