The African Action Congress (AAC) has approached the Federal High Court in Abuja, asking it to determine whether President Bola Tinubu was constitutionally required to transmit a written declaration to the National Assembly before extending his vacation outside the country.

The suit, filed on Monday by the party’s National Legal Adviser and human rights lawyer, Inibehe Effiong, also challenges the failure of the National Assembly to pass a resolution authorising Vice President Kashim Shettima to perform the functions of Acting President after the period specified under Section 145(1) of the 1999 Constitution.

In the suit marked FHC/ABJ/CS/2353/2026, the AAC is seeking a declaration that the President’s alleged failure or refusal to transmit the required written declaration to the Senate President and Speaker of the House of Representatives is unlawful and unconstitutional.

The party is also asking the court to declare that the National Assembly’s failure to pass a resolution enabling Shettima to assume the functions of Acting President after Tinubu’s vacation exceeded 21 days is contrary to the Constitution.

Joined as defendants are President Tinubu, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN; Senate President Godswill Akpabio; Speaker of the House of Representatives, Tajudeen Abbas; and the National Assembly.

In a 30-paragraph affidavit filed in support of the suit, AAC National Secretary, Oshiokhue Philip Ikpeminoghena, stated that Tinubu travelled out of Nigeria on August 30, 2026, and subsequently announced an extension of his vacation on September 21.

The party is asking the court to issue a perpetual injunction restraining Tinubu and future presidents from proceeding on vacation without complying with the provisions of Section 145(1) of the Constitution.

The AAC also seeks an order directing the relevant constitutional authorities to comply with the provisions governing the transfer of presidential functions whenever the President is unable to perform his duties.

The suit places before the court a constitutional question over the operation of Section 145(1), particularly the circumstances under which the Vice President assumes the functions of Acting President when the President is away from the country for an extended period.

The AAC 2027 presidential candidate, Omoyele Sowore, was present at the Federal High Court to witness the filing of the suit.

No date has been fixed for hearing.