Lawyer and public affairs analyst, Opatola Victor, says President Bola Tinubu’s absence from the country raises questions about whether the constitutional procedure governing a president’s vacation has been properly activated.
Speaking during an interview with ARISE News on Thursday, Opatola Victor said the Senate President cannot assume presidential powers simply because both the President and Vice President are out of the country.
“So the argument or, you know, the social media statement in regards to the Senate President becoming Acting President is unfounded.”
He explained that Section 146 of the 1999 Constitution only allows the Senate President to exercise presidential powers as Acting President when both the offices of the President and Vice President are vacant.
“That is the only circumstance where the Senate President can exercise such presidential powers as Acting President thereabout.”
According to him, neither office is currently vacant despite President Tinubu being away on vacation and Vice President Kashim Shettima being outside the country.
“The office of the President is not vacant; the office of the Vice President is not vacant also.”
Opatola, questioned whether President Tinubu had formally triggered the constitutional provision governing his absence from Nigeria.
He explained that Section 145 requires the President, when proceeding on vacation outside the country, to transmit a written declaration to the Senate President and Speaker of the House of Representatives.
He stated that where such a declaration is not made, the National Assembly can, after 21 days, take steps to confer presidential powers on the Vice President as Acting President.
Opatola said the three-week duration of President Tinubu’s vacation makes the provision particularly significant.
“You know, we must, following constitutional provisions when you’re going on vacation, it shows that you’re a person of law.”
On claims that the President can continue to govern from anywhere in the world, Opatola said the issue depends on the mechanisms through which presidential powers are exercised.
“In regards to ‘the President can rule the country from any part of the world,’ you know, it depends, actually. It depends because, first of all, there are various mechanisms through which the President can exercise his power.”
He stated that the focus should be on whether the constitutional procedure for the President’s absence was followed and the circumstances under which presidential powers can legally devolve to another officeholder.
“What we should focus on are the questions which I have earlier on addressed…”
Ojo Triumph
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