Section 145 Has a 21-Day Rule, Not a “France Clause”

I agree that Section 145 raises a legitimate question when a president leaves Nigeria on vacation. The Constitution requires the President to send a written declaration to the Senate President and Speaker, and it provides for the Vice-President to act if this is not done within 21 days. If President Tinubu’s trip was officially described as a vacation, the Presidency should clearly state whether the required transmission was made. That is a fair constitutional question that deserves a direct answer. However, I do not find any provision in Section 145 that says presidential authority ends once the President is outside Nigeria. Section 5 vests executive power in the President and allows it to be exercised through the Vice-President, ministers and other public officers. Security protocol may discourage the President and Vice-President from travelling at the same time, but protocol is not the same as a constitutional prohibition. The debate should remain focused on what the Constitution actually says. We should not defend Tinubu by ignoring Section 145, but we should also not add restrictions to the provision that are not written there.

Use The App To Win ₦1m

Stories are shared by community members. This article does not represent the official view of NaijaWorld — the author is solely responsible for its content.