Former Vice President Atiku Abubakar has questioned who is exercising presidential authority in Nigeria following President Bola Ahmed Tinubu’s extended stay abroad and Vice President Kashim Shettima’s departure for the United States.
Atiku, the presidential candidate of the African Democratic Congress, raised the question in a statement issued on Monday, September 21, 2026, arguing that Nigerians should be informed about the constitutional status of the presidency.
Tinubu left Nigeria on August 30 for what the Presidency initially described as a three-week annual vacation. Atiku said the 21-day period had elapsed without Nigerians being shown a written declaration transferring presidential functions to Shettima.
“Today, Nigerians are entitled to ask a very simple constitutional question: Who is in charge of Nigeria,” he said.
Atiku cited Section 145 of the Nigerian Constitution, which provides for the President to transmit a written declaration to the President of the Senate and Speaker of the House of Representatives when proceeding on vacation, after which the Vice President performs the functions of President as Acting President.
He further argued that where the President fails to transmit such a declaration within 21 days, the Constitution provides for the National Assembly to take steps concerning the performance of presidential functions.
“President Tinubu left Nigeria on 30 August. The Presidency publicly announced a three-week vacation. Yet, to date, Nigerians have not been shown any constitutional letter transmitting presidential authority to Vice President Kashim Shettima,” Atiku said.
“The 21 days have now elapsed. If such a letter exists, the Presidency should publish it immediately.”
He said that if no declaration had been transmitted, “the constitutional mechanism contemplated by Section 145(2) has been triggered,” and called on the National Assembly to explain why it had not acted.
Atiku also pointed to Shettima’s presence in New York for the 81st United Nations General Assembly, where he is representing Nigeria on behalf of Tinubu.
“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?” he asked.
According to Atiku, the country cannot be governed through assumptions while the President remains abroad.
“Nigeria cannot be governed by assumptions. It cannot be governed by presidential social-media posts from Europe,” he said. “It cannot be governed by photographs from private dinners at the Élysée Palace. It cannot be governed on autopilot.”
He also referenced the deaths of 37 illegal miners in NSCDC custody in Minna, which led to investigations, suspensions and calls for independent scrutiny.
Atiku further cited rising petrol prices, saying fuel was selling for as much as ₦1,500 per litre in parts of the country, with implications for transportation and household expenses.
“These are not ordinary times. Yet the President is abroad. The Vice President is abroad. The Senate President is abroad,” he said.
He questioned whether Tinubu’s private dinner with French President Emmanuel Macron in Paris could have any bearing on the constitutional requirement concerning presidential authority.
“President Tinubu’s private dinner with President Emmanuel Macron in Paris may serve diplomatic purposes. But Nigeria itself cannot be placed on vacation,” Atiku said.
He added that the Constitution does not recognise a “working vacation” as an alternative system of presidential succession, arguing that the constitutional procedure should be followed.
Atiku therefore called on the Presidency to clarify whether Tinubu transmitted the declaration contemplated under Section 145(1) before leaving Nigeria.
He also urged the Senate President and Speaker of the House of Representatives to disclose whether they received such a communication and, if no declaration was transmitted within the stipulated period, explain why the procedure under Section 145(2) had not been activated.
“The question will not disappear: Who, constitutionally, is in charge of Nigeria?” Atiku said.
