Lawyer urges National Assembly to clarify Tinubu’s absence under Constitution
A legal practitioner and public commentator, Justice Osai Ahiakwo, has called on the National Assembly to clarify the constitutional status of President Bola Tinubu’s prolonged absence from Nigeria, amid the simultaneous absence of Vice-President Kashim Shettima. Ahiakwo said the 1999 Constitution had already provided a mechanism for dealing with presidential absence and that the matter […]…
Legal expert and commentator Justice Osai Ahiakwo has urged the National Assembly to clarify the constitutional implications of President Bola Tinubu’s extended absence from Nigeria. Ahiakwo highlighted Section 145 of the 1999 Constitution, which outlines the process for dealing with presidential absences, and noted its amendment in 2010 to provide clearer procedures.
He emphasized that Tinubu's prolonged absence does not equate to a vacancy in the office, and that Section 146 deals with succession when both the President and Vice-President are unavailable. Ahiakwo stressed that the National Assembly should verify whether Tinubu has formally declared his absence, as mandated by Section 145(1).
If no such declaration has been made within 21 days, Section 145(2) allows the National Assembly to mandate the Vice-President to assume temporary presidential duties. He also drew parallels to former President Muhammadu Buhari's absence and the subsequent adoption of the Doctrine of Necessity. Ahiakwo stressed that the Constitution already provides a clear procedure for handling presidential absences, arguing that political improvisation is unnecessary.
He urged both the Presidency and the National Assembly to communicate the constitutional status of Tinubu's temporary absence and the authority under which presidential functions are currently being exercised.
Written by urgent.news from Daily Post Nigeria's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
