The African Action Congress (AAC) has filed a lawsuit at the Federal High Court in Abuja challenging what it described as President Bola Tinubu’s refusal to hand over power to Vice-President Kashim Shettima during his vacation in Europe.
The suit was filed on behalf of the party through an Originating Summons on Monday, September 28, 2026, by the National Legal Adviser of the AAC and Lagos-based human rights lawyer, Inibehe Effiong.
Effiong is seeking a declaration that President Tinubu’s alleged failure or refusal to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives, enabling the National Assembly to pass a resolution authorising Vice-President Kashim Shettima to perform the functions of the office of President as Acting President, is undemocratic, unlawful and a violation of Section 145(1) of the 1999 Constitution, as amended.
The party is also asking the court to declare that the failure of the National Assembly to pass a resolution enabling Shettima to assume the functions of Acting President after Tinubu’s vacation exceeded 21 days is unconstitutional.
The AAC further prayed the court to issue an order of perpetual injunction restraining President Tinubu and future presidents from proceeding on vacation without complying with the provisions of Section 145(1) of the 1999 Constitution, as amended.
In a 30-paragraph affidavit deposed to by the National Secretary of the AAC, Oshiokhue Philip Ikpeminoghena, the party claimed that President Tinubu travelled out of the country on vacation on August 30, 2026, and announced an extension of his vacation on September 21, 2026, without providing what the party considered a cogent reason.
In the affidavit, the party’s National Secretary also alleged that the Senate President, Senator Godswill Obot Akpabio, instead of discharging his constitutional responsibilities, announced that he had travelled to the Prayer Ground of St. Padre Pio in San Giovanni Rotondo, Italy, to pray for the country.
Joined as defendants in the suit, marked FHC/ABJ/CS/2353/2026, alongside President Tinubu are the Attorney-General of the Federation, Lateef Fagbemi, SAN; the Senate President, Senator Godswill Akpabio; the Speaker of the House of Representatives, Hon. Tajudeen Abbas; and the National Assembly.
The 2027 presidential candidate of the AAC, Omoyele Sowore, was also present in court to witness the filing of the suit.
No date has been fixed for the hearing of the suit.
