Senior Advocates of Nigeria, SANs, have adduced reasons why President Bola Tinubu cannot unilaterally deploy troops to Niger Republic to restore democratic rule in the troubled country.
In separate interviews with Vanguard, the learned silks stated that for the Nigerian armed forces to be deployed on combat duty in Niger Republic, President Tinubu must have the approval of the National Assembly.
The senior attorneys, however, pointed out that the only occasion the 1999 Constitution, as modified, allows the President to deploy troops to another country without first obtaining approval from the legislative branch of government is when there is an imminent threat to national security. According to vanguard.
In such a case, they emphasised that the President, after deploying soldiers outside the country’s borders, must seek consent from the National Assembly within seven days, which must then take 14 days to approve or reject the military action.
“By Section 5 (4) (a) of the 1999 Constitution, as amended, the President cannot declare a state of war between Nigeria and any other country unless both the House of Representatives and the Senate, sitting in joint session, approve,” says Jacob Usman, SAN.
“What this means is that if there is a threat to Nigeria and the President believes that a state of war between Nigeria and that country is necessary, he must seek the approval of the National Assembly, both the Senate and the House of Representatives, in a joint session, rather than each of them sitting independently.”
“Subsection 4 (b) states that the President may not deploy any of Nigeria’s armed forces outside the country without the prior approval of the Senate.”
“This is where the Niger Republic case comes in. According to my understanding, the Senate rejected the President’s request for the military forces of Nigeria to be sent on combat duty outside of Nigeria. According to vanguard.
“What this means is that the President cannot and shall not deploy any armed forces of the Federation outside of Nigeria on combat duty unless the Senate approves the presidential request.”
Umaroo1 (
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