No Vacancy In Aso Rock, Tinubu Won’t Hand Over to Shettima – Akpabio

By George Omagbemi

Senate President Godswill Akpabio has dismissed calls for President Bola Ahmed Tinubu to formally transfer presidential powers to Vice President Kashim Shettima, insisting that there is no leadership vacuum despite Tinubu’s extended working vacation abroad.

The Senate President said Tinubu remained in power and continued to discharge his constitutional responsibilities while outside Nigeria.

“I am the Senate President, and I am not the acting President of Nigeria, because President Tinubu is still in power,” Akpabio said, arguing that modern communication allows the President to direct government affairs remotely.

Akpabio added that “there is no vacancy” in the presidency, pointing to Tinubu’s continued official engagements and communications while abroad.

The comments have intensified debate over Section 145 of the 1999 Constitution, which provides for a written declaration to the Senate President and House Speaker when a President proceeds on vacation or is otherwise unable to discharge his functions. Where such a declaration is made, the Vice-President performs the functions of President as Acting President.

Section 145(2) further provides that where the President fails to transmit the declaration within 21 days, the National Assembly may, by a simple majority of both chambers, mandate the Vice-President to perform those functions. The Constitution does not, however, state that the Vice-President automatically assumes presidential powers after 21 days.

The Presidency maintains that Tinubu has remained in contact with officials and continued directing government affairs. Atiku Abubakar and other critics have questioned whether the required written declaration was transmitted.

The central accountability question is therefore clear: was the constitutional procedure under Section 145 followed, and can the relevant authorities publicly establish that it was? Rather than allowing competing political interpretations to settle the matter, Nigerians are entitled to a clear explanation of what declaration, if any, was transmitted, when it was transmitted, to whom it was delivered and what constitutional authority currently governs the President’s absence. That documentation would provide the clearest basis for resolving the controversy.