{
  "id": 10555587,
  "title": "Presidential Leave: Between Constitutional Debate and Compliance",
  "url": "https://urgent.news/2026/09/28/presidential-leave-between-constitutional-debate-and-compliance",
  "topic": "world",
  "section": "World",
  "published": "2026-09-28T23:20:00.000Z",
  "source": {
    "name": "This Day",
    "slug": "this-day",
    "url": "https://www.thisdaylive.com/2026/09/29/presidential-leave-between-constitutional-debate-and-compliance/"
  },
  "original_language": "en",
  "account": "Section 145 of Nigeria's 1999 Constitution pertains to the transmission of power to the Vice President during the temporary absence of the President. This debate has recently resurfaced, with questions arising about whether President Bola Tinubu, GCFR, and Vice President Kashim Shettima, GCON, should travel outside the country simultaneously during Tinubu's vacation.\n\nThe Constitution does not prevent both leaders from being absent at the same time. In the past, this practice was maintained under various administrations, but was discontinued during President Muhammadu Buhari's tenure when he and Vice President Yemi Osinbajo, GCON, SAN, were both away simultaneously for two periods in 2019 and 2022.\n\nSection 145(1) mandates that when the President is either on vacation or unable to perform his duties, he must inform the National Assembly (NASS) through a written declaration. Upon the issuance of this declaration, the Vice President assumes the role of Acting President. This is not an assumption granted by the Vice President, but rather self-executory.\n\nMisinterpretations of Section 145(1) suggest that the written declaration must explicitly state the transfer of power to the Vice President. However, the precise language of the provision is \"shall,\" making it mandatory and unambiguous. The literal interpretation is that the President informs NASS of his temporary absence or incapacity, and the Vice President's role follows automatically.\n\nSection 145(2) states that if the President fails to submit a written declaration within 21 days, the Vice President may be mandated by NASS to act as President until the President returns. The opposition's focus on the simultaneous absence of the President and Vice President for more than 21 days is unfounded, as the Constitution allows for both to be out of the country concurrently.",
  "summary": "The Advocate By Onikepo Braithwaite Onikepo.braithwaite@thisdaylive.com Introduction I wonder whether there’s any country in the world, where they do as much constitutional debating as Nigerians do! Every week, it’s a new",
  "key_points": [],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 1,
    "also_reported_by": []
  },
  "ai_generated": true,
  "disclaimer": "Summaries, key points and the editor’s take are written by software from other outlets’ reporting and may contain errors — always check the linked original."
}