The African Action Congress (AAC) has filed a lawsuit at the Federal High Court in Abuja challenging President Bola Tinubu’s refusal to handover power to the Vice President, Kashim Shettima, during his vacation to Europe.
The suit was filed on behalf of the party through an Originating Summons on Monday, 28th September, 2026 by the National Legal Adviser of the AAC and Lagos-based human rights lawyer, Inibehe Effiong.
Effiong is seeking a declaration that President Tinubu’s failure or refusal to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to enable the National Assembly to pass a resolution to authorise the Vice-President, Kashim Shettima, to perform the functions of the office of President as Acting President is undemocratic, unlawful and a violation of Section 145(1) of the 1999 Constitution (as amended).
The Party is equally asking the Court to declare that the failure of the National Assembly to pass a resolution to enable Mr. Shettima to become the Acting President after Tinubu’s vacation exceeded 21 days is unconstitutional.
The AAC also prayed the court to issue an order of perpetual injunction restraining President Tinubu and future Presidents from proceeding on vacation without complying with the provisions of Section 145(1) of the 1999 Constitution (as amended).
In a 30-paragraph affidavit deposed to by the National Secretary of the AAC, Mr. Oshiokhue Philip Ikpeminoghena, the party said that President Tinubu travelled out of the country on vacation on 30th August, 2026 and announced an extension of his vacation on 21st September, 2026 without offering any cogent reason.
In the affidavit, the party’s scribe said that the Senate President, Senator Godswill Obot Akpabio, instead of discharging his constitutional duties, announced gleefully that he had gone to the Prayer Ground of St. Padre Pio in San Giovanni Rotondo, Italy, to pray for the country.
Joined as Defendants in the suit marked FHC/ABJ/CS/2353/2026 alongside President Tinubu are the Attorney General of the Federation, Lateef Fagbemi SAN, the Senate President, Senator Godswill Akpabio, the Speaker of the House of Representatives, Hon. Tajudeen Abass and the National Assembly.
The 2027 presidential candidate of the party, Omoyele Sowore, was in court to witness the filing of the suit.
No date has been given for the hearing of the suit.