The African Action Congress has sued President Bola Tinubu, the National Assembly and the Attorney General of the Federation over the President’s alleged failure to notify the National Assembly before embarking on a month-long vacation in Europe.
In an originating summons filed on Monday at the Federal High Court in Abuja, the party asked the court to declare that Tinubu breached Section 145(1) of the 1999 Constitution by leaving Nigeria without transmitting a written declaration to the President of the Senate and the Speaker of the House of Representatives.
The suit, marked FHC/ABJ/CS/2358/2026, also listed the Senate President, the Speaker of the House of Representatives and the National Assembly as defendants.
The AAC, whose address was given as House TD7, Global Estate, Apo Primary, Abuja, alleged that Tinubu left Nigeria for Europe on August 30, 2026, and remained there when it filed the suit.
The party argued that Section 145(1) of the Constitution requires the President to transmit a written declaration to the Senate President and the Speaker before embarking on a vacation, regardless of its duration.
It asked the court to declare that the alleged failure to submit the declaration before leaving the country was undemocratic and a gross violation of the Constitution.
The party also challenged the National Assembly’s alleged failure to convene and pass a resolution authorising the Vice-President to act as President after Tinubu had spent more than 21 days on vacation.
It urged the court to declare that the National Assembly’s alleged failure to act was unlawful, unconstitutional and a breach of its obligations under Section 145(2) of the Constitution.
The AAC is also seeking a perpetual injunction restraining Tinubu from embarking on future vacations, whether within or outside Nigeria, without first transmitting the required written declaration to the Senate President and the Speaker.
The party asked the court to determine whether a purposive interpretation of Section 145(1) allows the President to proceed on vacation without sending the required written declaration to the National Assembly.
The suit was filed pursuant to Order 3 Rule 9 of the Federal High Court (Civil Procedure) Rules, 2019, and Sections 6 and 145 of the Constitution.
The originating summons directs the defendants to enter an appearance within 30 days of being served, warning that failure to do so could lead to further proceedings or orders the court considers appropriate.
The AAC filed the suit through its counsel, Inibehe Effiong of Inibehe Effiong Chambers.
No date has been fixed for the hearing.