The Presidency has said President Bola Tinubu can continue to exercise his constitutional powers while outside Nigeria, arguing that the President’s authority is not restricted by his physical location.

The Special Adviser to the President on Policy Communication, Daniel Bwala, made the assertion on Monday, September 21, 2026, amid questions from opposition figures over who is exercising presidential authority while both Tinubu and Vice President Kashim Shettima are currently outside the country.

Bwala, in a post on X, said the President’s powers could be exercised regardless of his geographical location.

He argued that, as Commander-in-Chief of the Armed Forces, Tinubu could issue orders, give directives, delegate responsibilities and administer the Constitution while abroad.

The statement came after former Vice-President Atiku Abubakar questioned the constitutional basis for the President’s continued absence from Nigeria.

Atiku, the presidential candidate of the African Democratic Congress (ADC), asked whether Tinubu had transmitted a written declaration to the President of the Senate and Speaker of the House of Representatives in accordance with Section 145 of the 1999 Constitution.

Section 145 provides that when the President proceeds on vacation or is otherwise unable to discharge the functions of his office, he is to transmit a written declaration to the Senate President and Speaker of the House of Representatives. The provision states that the Vice-President shall then perform the functions of President as Acting President.

Atiku argued that Nigerians should be told whether such a declaration was made, particularly as Tinubu has been outside the country since August 30.

The Presidency, however, maintains that Tinubu has continued to direct the affairs of government while abroad.

In a statement on Monday announcing an extension of the President’s working vacation by a few days, the State House said Tinubu had remained in contact with officials in Nigeria and had continued directing government affairs.

It cited his order for an independent investigation into the deaths of 37 suspected illegal miners who died while in the custody of the Nigeria Security and Civil Defence Corps in Minna, Niger State, as one example of decisions taken during his absence.

The State House said Tinubu was expected to return to Nigeria at the weekend.

Meanwhile, Shettima left Nigeria on Sunday for New York to represent the President at the 81st United Nations General Assembly. The State House said the Vice-President would deliver Nigeria’s national statement at the global gathering.

The unusual situation in which both the President and Vice-President are outside Nigeria has generated renewed discussion about the constitutional arrangements governing the exercise of presidential powers.

The 1999 Constitution vests the executive powers of the Federation in the President and provides that those powers may be exercised directly or through the Vice-President, ministers and other authorised officers. It does not state that the President must physically be within Nigeria to exercise presidential powers.

However, Section 145 establishes a separate mechanism for circumstances in which the President proceeds on vacation or is otherwise unable to discharge his functions.

The current disagreement is therefore centred not simply on Tinubu’s physical location, but on whether the constitutional procedure under Section 145 applies to his current absence and, if so, whether the required declaration has been transmitted.

The Presidency has not indicated that Tinubu has ceased exercising presidential functions. Instead, it has maintained that he remains in charge while away and is expected back in Nigeria later this week.

The controversy is likely to continue to attract attention as the President’s absence coincides with Shettima’s trip to the United States and ongoing national issues, including security concerns and the investigation into the deaths of the 37 detainees in Niger State.