According to Punch papers, 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.
However, the Nigerian constitution does not expressly grant the President the power to deploy troops to other countries except for peacekeeping missions approved by the National Assembly.
Although, the senior lawyers pointed out that the only time the 1999 Constitution, as amended, permits the President to deploy soldiers to another country without prior approval of the legislative arm of the government, is when there is an imminent threat to national security.
Besides, Jacob Usman said that, “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, except with the approval of both the House of Reps and the Senate, sitting in a joint session.
@statesmanblog said that, “Without a clear and unequivocal mandate from the National Assembly, deploying troops to Niger would lack constitutional legitimacy. It is crucial for the government to take into account the sentiments of its citizens and thoroughly evaluate the consequences before taking any decisive action.
The crisis in Niger poses a significant security concern for Nigeria. However, deploying troops must be approached with utmost caution, considering the legal, diplomatic, and domestic implications.
The views expressed by the Senior Advocates of Nigeria (SANs) shed light on the complexities involved in military interventions in neighboring countries.
Jacob Usman also said that, “What it means is that if there is any threat to Nigeria and the President is of the view that there is a need to declare a state of war between Nigeria and that country, he must seek the approval of the National Assembly, both the Senate and House of Reps in a joint session, not with each of them sitting independently.
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