The lawsuit arises from allegations that Tinubu failed to properly transmit power to Vice-President Kashim Shettima during his vacation in Europe, contravening Section 145(1) of the 1999 Constitution. This claim is encapsulated in an originating summons labeled FHC/ABJ/CS/2358/2026, wherein the AAC argues that Tinubu breached constitutional provisions by leaving Nigeria without submitting a formal written declaration to the Senate President and the Speaker of the House of Representatives.

The AAC, represented by its National Legal Adviser Inibehe Effiong, states that Tinubu departed Nigeria on August 30, 2026, and subsequently extended his vacation on September 21. The suit also challenges the National Assembly’s apparent inability to convene and approve a resolution that would authorize Shettima to carry out presidential duties, especially after Tinubu’s absence exceeded the 21-day limit established by the Constitution.

Furthermore, the AAC is seeking a judicial declaration that the actions of Tinubu and Congress are unconstitutional and aims to secure a perpetual injunction preventing future presidents from undertaking vacations without adhering to Section 145(1). In support of their claims, AAC National Secretary Oshiokhue Philip Ikpeminoghena submitted a detailed 30-paragraph affidavit, expressing grievances regarding the lack of reason provided for the vacation extension.

The allegations extend to Senate President Godswill Akpabio, who is accused of neglecting his constitutional duties in favor of personal matters, such as traveling to Italy for prayer. After being served, the defendants have a period of 30 days to respond and enter an appearance, although a hearing date has yet to be established. Notably, AAC’s 2027 presidential candidate, Omoyele Sowore, was present at the filing of the lawsuit.