Femi Falana has outlined the legal requirements that President Bola Tinubu must meet before declaring war against Niger Republic to restore ousted President Mohamed Bazoum following the recent military coup.
This as the human rights lawyer emphasized that President Tinubu Under the Nigerian constitution, cannot send Nigerian soldiers to war without the approval of both the Senate and the House of Representatives, Vanguard reports.
According to Falana, President Tinubu can’t unilaterally deploy Nigeria’s military despite the resolution of the Economic Community of West African States (ECOWAS) on the probable use of force to flush the military junta in Niger.
President Tinubu must therefore fulfil the legal requirement before he can declare war on Niger Republic.
According to the statement, “This is in compliance with section 5(4) of the Constitution of Nigeria 1999 (as amended), which stipulates as follows: (4) Notwithstanding the foregoing provisions of this section:
“(a) the President shall not declare a state of war between the Federation and another country except with the sanction of a resolution of both Houses of the National Assembly, sitting in a joint session; and
“(b) except with the prior approval of the Senate, no member of the armed forces of the Federation shall be deployed on combat duty outside Nigeria.”
Falana added that ECOWAS is also required to seek and obtain the authorization of the United Nations security council before war can be declared on Niger Republic.
He noted that the only time ECOWAS would not need a UN authorization is if the move is in self-defence which is obviously not the case currently.
Meanwhile, the Nigerian Senate on Saturday, rejected President Bola Tinubu’s proposal to invade Niger Republic.
This as the Senate has advised President Tinubu to engage in diplomacy in order to return Niger to democratic rule and restore ousted President, Mohamed Bazoum to power.
According to Daily Post reports, The Red Chamber made the resolution after a four-hour closed-door session on Saturday to discuss the political development in the West African country.
The resolution of the upper legislative chamber followed an executive communication, which President Tinubu sought for the implementation of the resolution of ECOWAS on the political situation in Niger Republic.
The Senate mandated its leadership to further engage with the President on behalf of the entire Senate to ensure how best to resolve the situation in the neighbouring country.
The Red Chamber also called on the President as the Chairman of ECOWAS to further encourage other leaders of the bloc to explore political and diplomatic options and other means with a view to resolving the impasse in Niger.
Yidiat90 (
)
