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Lawmakers urge Akpabio, Abbas to reconvene NASS, declare Shettima Acting President

Senate President, Godswill Akpabio and Speaker of the House of Representatives, Tajudeen Abbas

• Tinubu’s absence no reason for NASS to reconvene, says Senate
• President breached the Constitution with prolonged absence, Atiku campaign alleges

Some members of the House of Representatives, under the aegis of Save Democracy Group, have urged the Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas, to reconvene the National Assembly to address President Bola Tinubu’s prolonged absence from Nigeria.

The lawmakers, who made the demand in a statement issued in Abuja yesterday, also urged the National Assembly to consider mandating Vice-President Kashim Shettima to serve as Acting President and perform the functions of the President.

But the Senate dismissed calls for the reconvention, with its spokesperson and Chairman of the Senate Committee on Media and Public Affairs, Yemi Adaramodu, insisting there is “no reason for such a call.”

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Countering the Senate, spokesperson for the Atiku Abubakar Presidential Campaign, Kenneth Okonkwo, accused Tinubu and the National Assembly of breaching their constitutional responsibilities over the President’s prolonged absence from Nigeria without, according to him, formally transmitting power to Shettima.

The Save Democracy Group statement was signed by Awaji-Inombek Abiante (Andoni-Opobo/Nkoro Federal Constituency, Rivers State) and Abubakar Kusada (Kankia/Ingawa/Kusada Federal Constituency, Katsina State).

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They called for clarification on whether Tinubu transmitted the written declaration required under Section 145 of the 1999 Constitution before proceeding on vacation.

The National Assembly is on recess.

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The group argued that the 21-day period specified under Section 145(2) of the Constitution had elapsed, raising questions over the constitutional procedure governing the President’s continued absence from the country.

Tinubu departed Nigeria on August 30 for a three-week vacation in Europe. The Presidency subsequently announced that the President had extended his stay abroad by a few days and was expected to return to Nigeria over the weekend.

The group’s statement added: “If the President complied with Section 145, Nigerians should be informed accordingly. If he has not, the Constitution provides the next step. The Constitution must not be selectively obeyed. The National Assembly must act.”

ADARAMODU, who represents Ekiti South Senatorial District, while speaking with newsmen yesterday in Abuja, said the legislature would not be dragged into political arguments over the President’s absence.

He stressed that the National Assembly was a law-making body and not a political platform.

“There is no reason for such a call,” Adaramodu said when asked whether the Senate should immediately reconvene to address concerns over Tinubu’s absence.

However, Adaramodu said the matter had already been addressed by Akpabio on Tuesday in Akwa Ibom State, during the inauguration of road projects executed by Governor Umo Eno.

Akpabio had dismissed suggestions of a presidential vacancy, insisting that Tinubu remained in charge of the country’s affairs despite being abroad.

“I am not the acting president because the President is still in power. He is on a working leave. So, there’s no absence in Aso Rock,” Akpabio said.

The Senate President also said Tinubu could continue to discharge his responsibilities while abroad by issuing directives and conducting government business remotely.

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Adaramodu said the President remained in regular contact with Nigerians and questioned why the National Assembly should be expected to respond to every statement made by politicians or civil society organisations.

Meanwhile, Adaramodu confirmed that the Senate would resume legislative activities on September 29, saying the October 1 Independence Day public holiday would not affect the resumption.

OKONKWO made the allegation during an interview on Arise TV, where he argued that Section 145 of the 1999 Constitution does not make the transmission of presidential power dependent on the President being away from the country for 21 days.

Shettima has been representing Nigeria at the United Nations General Assembly (UNGA) in New York, while Tinubu is in France.

The Presidency has maintained that Tinubu remains in charge of government and continues to direct affairs from abroad.

But Okonkwo, a lawyer, disputed the constitutional basis of that position. He said Section 145(1) expressly provides that whenever the President proceeds on vacation or is otherwise unable to perform the functions of his office, he is required to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives.

He said the provision did not contain any reference to 21 days.

He argued that the National Assembly should not wait for the 21-day period to expire before taking action if it was clear that the President was unable to perform his functions.

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