Is Nigeria Going To War?
As you should be aware, there was a coup in one of our neighbouring countries – Niger Republic. The coup deposed the sitting President and replaced him with General Abdourahamane Tiani, former commander of Niger’s presidential guard.
Niger is a member of ECOWAS, and Niger’s junta (this means the government of the coupists) has defied a deadline from ECOWAS to reinstate ousted President Mohamed Bazoum or face a possible military intervention.
The current president of ECOWAS is Nigeria’s President Bola Tinubu, and so it fell to him to make the ultimatum to Niger Republic about the threat of possible military action. The fact that Nigeria is a member of ECOWAS, and Niger is a close neighbouring country, and that it was the Nigerian President who made the ultimatum, has all led to people worried that Nigeria is about to go into war with Niger Republic.
This week’s newsletter will therefore discuss the legal process that Nigeria needs to follow in order to go to war with a country.
The Constitution
As we have always said – everything starts from the constitution of a country. The declaration of war is therefore not any different. The 1999 Constitution of Nigeria sets out the process that must be followed in order for the President to take the country into war.
Under Section 5 (4) and (5) of the Constitution, there are 3 scenarios in which this can play out:
Scenario 1: War between Nigeria and another country
In this case, this can only happen with the sanction of a resolution of both Houses of the National Assembly, sitting in a joint session
Scenario 2: Nigerian Armed forces deployed on combat duty outside Nigeria
In this scenario, the armed forces can only go on combat duty when the President has duly obtained the prior approval of the Senate
Scenario 3: Nigerian Armed forces deployed on limited combat duty when the national security is under imminent threat or danger
In this scenario, no pre-approval is required, however the action requires consultation with the National Defence Council. The President is still under an obligation to get the consent of the Senate within 14 days after the deployment. Also, this can only be for limited combat duty, and when the country’s national security is under imminent danger.
The Niger Scenario
From the facts of what has occurred in Niger, the Nigerian government is suggesting that it will go, as part of an ECOWAS mission, to restore the democratically elected government of Niger. Those circumstances could only be supported under Scenario 2, and therefore President Tinubu would need the approval of the Senate before any troops were deployed.
President Tinubu has reportedly already made the request to the Senate, however the Senate rejected the request, and passed a resolution urging peaceful resolution.
In light of that, it means that the President cannot legally send troops to Niger.
Source- LAWPADI
