A lawyer has characterised the simultaneous absence of President Bola Tinubu and Vice President Kashim Shettima from Nigeria as “a brazen violation of the Constitution.”
The legal contention follows the departure of President Tinubu, who is currently on a trip to Europe, and Vice President Shettima, who is in New York for the United Nations General Assembly (UNGA).
The absence of Nigeria’s two highest-ranking officials at the same time has sparked a debate regarding the legality of the current leadership arrangement and the strict adherence to constitutional protocols concerning the transfer of executive power. The lawyer’s claims, as detailed in recent coverage by Channels Television, come amid growing public scrutiny over the administration’s travel schedule.
Under the 1999 Constitution of the Federal Republic of Nigeria, specific procedures govern the delegation of presidential powers. Typically, when the President is out of the country, the Vice President assumes the role of Acting President to ensure continuity in governance. However, the current situation presents a unique legal challenge as the Vice President is also outside Nigerian territory.
Constitutional implications of executive absence
The legal argument suggests that having both the President and Vice President abroad at the same time may contravene the constitutional intent of maintaining a continuous and present executive authority. While the Senate President or other officials can perform certain administrative or legislative roles, the absence of both the President and Vice President creates a perceived vacuum in the highest level of executive command. This could lead to complications in the execution of immediate executive orders and the overall stability of the government’s decision-making processes during a crisis.
The President’s current engagements in Europe and the Vice President’s participation in the UNGA in New York are part of the government’s international diplomatic agenda. Nevertheless, legal observers argue that these travels should be carefully coordinated to prevent any ambiguity regarding who holds the ultimate executive mandate.
The current situation has prompted calls for more transparent communication from the Presidency regarding the temporary delegation of authority to ensure national stability. As of the time of this report, the Presidency has not issued an official response to the lawyer’s claims or the legal concerns raised regarding the leaders’ simultaneous absence from the country.
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