Tinubu, AGF, National Assembly Dragged to Court Over Failure to Hand Over Power to Shettima

Tinubu, AGF, National Assembly Dragged to Court Over Failure to Hand Over Power to Shettima

  • hThe African Action Congress filed a lawsuit at the Federal High Court in Abuja on September 28, 2026, over Tinubu's vacation conduct
  • The party is challenging President Tinubu's refusal to transmit a written declaration to the National Assembly as required by the 1999 Constitution
  • AAC's 2027 presidential candidate Omoyele Sowore was present at the Federal High Court when the suit was filed

Legit.ng journalist Adekunle Dada has over eight years of experience covering metro, government policy, and international issues

FCT, Abuja - The African Action Congress (AAC) has gone to court to challenge President Bola Tinubu's decision not to hand over power to Vice President Kashim Shettima while on vacation in Europe.

The suit was filed through an Originating Summons on Monday, September 28, 2026, at the Federal High Court in Abuja by Inibehe Effiong, the AAC's National Legal Adviser and a Lagos-based human rights lawyer.

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"21 days": AAC sues Tinubu over failure to hand power to Shettima
"Hand over power": AAC sues Tinubu over Shettima handover. Photo credit: @OfficialABAT/Nigerian Senate
Source: Twitter

The case, marked FHC/ABJ/CS/2353/2026, names President Tinubu, Attorney General of the Federation Lateef Fagbemi SAN, Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abass, and the National Assembly as defendants.

Effiong made this known via a post shared on his X handle @InibeheEffiong on Monday, September 28, 2026.

What AAC is asking the court to decide

Effiong is seeking a court declaration that Tinubu's failure to send a written declaration to the Senate President and House Speaker, which would have allowed the National Assembly to authorise Shettima to act as president, is unlawful and violates Section 145(1) of the 1999 Constitution as amended.

The party is also asking the court to declare that the National Assembly acted unconstitutionally by failing to pass a resolution enabling Shettima to assume acting presidential powers after Tinubu's absence exceeded 21 days.

Additionally, the AAC wants the court to issue a perpetual injunction barring Tinubu and any future president from embarking on vacation without complying with the constitutional handover provisions.

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Background to the Suit

In a 30-paragraph affidavit deposed to by AAC National Secretary Oshiokhue Philip Ikpeminoghena, the party said Tinubu left Nigeria on vacation on August 30, 2026, and announced an extension of that vacation on September 21, 2026, without providing any clear reason.

The affidavit also noted that Senate President Akpabio, rather than carrying out what the party described as his constitutional obligations, publicly announced that he had travelled to the Prayer Ground of St. Padre Pio in San Giovanni Rotondo, Italy, to pray for Nigeria.

Omoyele Sowore, the AAC's 2027 presidential candidate, was present at the court when the suit was formally filed. No hearing date has been set for the case.

Akpabio defends Tinubu's extended vacation

Meanwhile, Legit.ng also reported that Senate President Godswill Akpabio dismissed calls for Tinubu to hand over power to Shettima during his working vacation abroad.

Akpabio spoke on Tuesday, September 22, in Akwa Ibom state while commissioning road projects and addressed concerns over the President's three-week holiday, recently extended by one week.

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The Presidency had not provided a formal return date for President Tinubu as at the time Akpabio made his remarks.

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Source: Legit.ng

Authors:
Adekunle Dada avatar

Adekunle Dada (Politics and Current Affairs Editor) Adekunle Dada is a Politics and Current Affairs Editor at Legit.ng. He holds a B.Sc. in Mass Communication from Lagos State University, Ojo, and brings over eight years of professional media experience to his role. He has spent his career refining his craft at PM News, The Sun, and Within Nigeria. In 2024, he earned a certification in advanced digital reporting from the Google News Initiative. He can be reached at adekunle.dada@corp.legit.ng