Is Tinubu above the law?

President Bola Tinubu departed Abuja for a three-week "working vacation" in London on August 30, leaving Vice President Kashim Shettima in Angola as his representative at an African Union summit. This situation raises a critical question: is Tinubu above the law, or is this behavior a reflection of a broader pattern of disregarding constitutional procedures evident during his tenure in Lagos?

Section 145 of Nigeria's 1999 Constitution requires the vice president to assume presidential duties when the president transmits a written declaration of their intention to vacation or incapacitate themselves. However, Buhari, Tinubu's predecessor, routinely utilized this provision, while Tinubu has not done so since May 2023. Tinubu's lack of adherence to this constitutional clause has raised concerns about his commitment to democratic norms and whether his administration treats the presidency as personal property rather than a public trust.

This behavior is not isolated to Section 145 but is part of a wider pattern of under-mining constitutional norms, including questionable appointments and contracts. The silence of both Tinubu and Shettima on the matter of presidential handover during Tinubu's vacation casts a shadow over the legitimacy of their leadership. The political class in Abuja seems unwilling to confront this issue, but it is crucial that the National Assembly demands accountability and adherence to the constitution.

The survival of constitutional democracy in Nigeria depends on small, consistent observances of the law, not on discretionary power exercised by the president.