The party is also seeking a declaration that the National Assembly acted unconstitutionally by failing to pass a resolution authorising Shettima to perform the functions of Acting President after Tinubu’s absence exceeded 21 days
By Mmesoma Onwuka
The African Action Congress (AAC) has sued President Bola Tinubu at the Federal High Court in Abuja over his alleged failure to transfer presidential powers to Vice President Kashim Shettima while on an extended vacation in Europe.
The party filed the suit on Monday, September 28, 2026, through an Originating Summons, with its National Legal Adviser and Lagos-based human rights lawyer, Inibehe Effiong, representing it in the case.
In the suit, marked FHC/ABJ/CS/2353/2026, the AAC is asking the court to declare President Tinubu’s alleged failure to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives unconstitutional and a violation of Section 145(1) of the 1999 Constitution, as amended.
The party is also seeking a declaration that the National Assembly acted unconstitutionally by failing to pass a resolution authorising Shettima to perform the functions of Acting President after Tinubu’s absence exceeded 21 days.
The AAC further wants the court to issue a perpetual injunction restraining Tinubu and future presidents from proceeding on vacation without complying with the constitutional requirements for the transfer of presidential powers.
In a 30-paragraph affidavit sworn to by the party’s National Secretary, Oshiokhue Philip Ikpeminoghena, the AAC claimed that Tinubu left Nigeria for vacation on August 30, 2026, and announced an extension on September 21 without providing what the party described as a cogent reason.
The party also alleged that Senate President Godswill Akpabio travelled to Italy to pray for Nigeria at the Prayer Ground of St. Padre Pio in San Giovanni Rotondo instead of discharging his constitutional responsibilities.
Joined as defendants are President Tinubu; the Attorney-General of the Federation, Lateef Fagbemi, SAN; Senate President Akpabio; Speaker of the House of Representatives, Tajudeen Abbas; and the National Assembly.
The AAC’s 2027 presidential candidate, Omoyele Sowore, was present at the Federal High Court to witness the filing of the suit.
No date has been fixed for hearing.