Tinubu, Shettima Abroad: Who Holds Presidential Powers?
The simultaneous absence of President Bola Ahmed Tinubu and Vice President Kashim Shettima from Nigeria has stirred fresh debate over the exercise of presidential powers and whether their trips abroad have created any form of leadership vacuum at the nation’s highest level.
Tinubu is currently outside the country on a three-week annual vacation, which began on August 30, while Shettima travelled to New Delhi, India, to represent the President at the 18th BRICS Leaders’ Summit.
The development has generated questions in political and public circles over who exercises presidential authority when both occupants of Nigeria’s two highest executive offices are outside the country.
However, provisions of the 1999 Constitution, as amended, indicate that the physical absence of both men from Nigeria does not automatically mean that presidential powers pass to Senate President Godswill Akpabio or any other government official.
The controversy centres largely on Sections 145 and 146 of the Constitution, which deal respectively with the temporary exercise of presidential functions and succession where vacancies occur in the offices of President and Vice President.
Under Section 145, a President proceeding on vacation or otherwise unable to discharge the functions of the office may transmit a written declaration to the President of the Senate and Speaker of the House of Representatives.
Once the constitutional procedure is activated, the Vice President performs the functions of the President as Acting President until another written declaration is transmitted indicating that the President has resumed his duties.
The key issue, therefore, is not simply whether the President is physically outside Nigeria, but whether presidential powers have been formally transferred in accordance with the Constitution.
Tinubu’s absence has been officially described as an annual vacation. His stay abroad does not by itself amount to a vacancy in the presidency.
Similarly, Shettima’s presence in India is connected to an official assignment. He is leading Nigeria’s delegation to the BRICS Summit and representing Tinubu in engagements aimed at strengthening trade, investment, technology and diplomatic relations.
This makes suggestions that the Senate President should automatically become Acting President because Tinubu and Shettima are simultaneously abroad constitutionally questionable.
Section 146 deals with circumstances in which the offices actually become vacant, including situations involving death, resignation, removal or permanent incapacity.
Under the constitutional succession arrangement, the Vice President succeeds the President when the office of President becomes vacant.
The Senate President enters the succession framework only under specific circumstances involving vacancies in both the presidency and vice presidency.
Foreign travel by the President and Vice President does not amount to such vacancies.
The situation nevertheless raises a broader governance question, particularly because Tinubu’s trip has been described as a vacation while his deputy is carrying out a major international assignment thousands of kilometres away.
It also brings renewed attention to an issue that has periodically generated controversy in Nigeria: whether a President on vacation should formally hand over authority to the Vice President or continue performing presidential responsibilities while abroad.
The Presidency’s position has been that the physical location of either the President or Vice President does not determine their constitutional capacity to discharge their duties.
Modern communication systems also make it possible for top government officials to receive briefings, issue directives and carry out certain responsibilities while outside the country.
Therefore, despite both Tinubu and Shettima being abroad, Nigeria is not automatically without constitutional leadership.
Tinubu remains the substantive President unless presidential authority is transferred through the process stipulated by the Constitution.
Shettima, meanwhile, remains Vice President and is currently representing the administration at the BRICS Summit in India.
Akpabio’s position as Senate President does not make him Acting President merely because the President and Vice President are outside Nigeria at the same time.
What the development has done, however, is reopen an important national conversation about transparency surrounding presidential vacations, delegation of authority and the constitutional procedures governing temporary presidential absence.
With political activities already gathering momentum ahead of the 2027 general election, the simultaneous foreign engagements of Nigeria’s two highest-ranking executive officials are likely to remain under close public scrutiny.
