Tinubu and the constitution

President Bola Tinubu has once again demonstrated a clear violation of the Nigerian Constitution, a matter that has seized public attention due to its gravity and stark contrast to his oath to uphold the Constitution. On August 30, 2026, Tinubu embarked on a vacation without formally notifying the National Assembly of the transfer of presidential powers to Vice President Kashim Shettima, as mandated by Section 145(1) of the Nigerian Constitution.

This provision serves to prevent a leadership vacuum at any time and ensures prompt response to contingencies, even when the President is unavailable. Critics have raised concerns over this development, viewing it as a direct assault on the constitutional order of the administration. However, the administration has defended the situation by arguing that the President can govern Nigeria from any part of the world due to advancements in communication technology, a claim that does not hold water when considering the Constitution's specific parameters for administration that promote a shared sense of belonging among all constituent parts of the country.

The Constitution is the grundnorm and primary law of Nigeria, fundamental to the point that any conflicting law or regulation becomes null and void. By failing to transmit a written handover of power to the National Assembly, Tinubu's actions constitute a significant constitutional breach, indicating a broader pattern of lawlessness.

Furthermore, his role as the primary defender of the Constitution necessitates that he uphold it in all situations, making his failure to transfer power to Shettima an act of abdication of his responsibilities. This breach is compounded by the Tenth National Assembly's lackluster response, with the President of the Senate, Godswill Akpabio, failing to call Tinubu to order.

The assembly, responsible for checking the President's power, has instead allowed the situation to fester, leaving the country vulnerable to a unilateral administration where the President's whims are disregarded. This complacency and lack of accountability contribute to a broader perception of a unilateral and unaccountable leadership, eroding trust between the leadership and the citizenry across the nation.

Historically, the country witnessed a similar situation during the tenure of late President Umaru Yar’adua, who underwent debilitating health challenges while abroad, highlighting the potential dire consequences of such constitutional breaches. As Nigeria continues to coalesce as a democracy, it is crucial that leaders like Tinubu adhere to the Constitution's provisions to maintain stability, trust, and effective governance.