President Bola Ahmed Tinubu has been informed that he cannot declare war on the Republic of Niger without National Assembly approval.
Femi Falana stated that despite the ECOWAS directive, Tinubu must obtain National Assembly approval before declaring war.
This is what the renowned activist asserted next: President Tinubu’s letter proposing the deployment of soldiers to the Niger Republic in response to the recent coup.
Femi Falana, a renowned human rights attorney and activist, has revealed the legal requirements that President Bola Tinubu must meet prior to declaring war against the Niger Republic to restore ousted President Mohamed Bazoum following the military rebellion.
Tinubu must obtain the sanction of the National Assembly prior to declaring war on Niger.
Tinubu must obtain the sanction of the National Assembly prior to declaring war on Niger.
Vanguard reported that Falana stated Tinubu must obtain the approval of the National Assembly (Senate and House of Representatives) before waging war against the military junta in Niger.
This was disclosed in a statement he released on August 6th.
The requirement is mandatory regardless of the Economic Community of West African States (ECOWAS) resolution, he continued.
“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:
“However, by virtue of section 5(5) thereof, the President, in consultation with the National Defence Council, may deploy members of the armed forces of the Federation on a limited combat duty outside Nigeria if he is satisfied that the national security is under imminent threat or danger:
“Provided that the President shall, within seven days of actual combat engagement, seek the consent of the Senate and the Senate shall thereafter give or refuse the said consent within 14 days.”
Reno Omokri reveals in his article Coup d’État: Why Nigeria Should Reestablish the Rule of Law in the Niger Republic
Meanwhile, Legit.ng reported that former President Goodluck Jonathan’s adviser, Reno Omokri, has revealed why Nigeria must restore the rule of law in the Niger Republic following the dramatic coup that ousted President Mohamed Bazoum.
Omokri stated that if there is political and economic unrest in Niger, the natural destination for refugees and migrants will be Nigeria.
President Tinubu notifies the Senate of his intention to send troops to the Niger Republic.
Legit.ng also reported that President Bola Ahmed Tinubu, the chairperson of the Economic Community of West African States Authority of Heads of State and Government, had written to the Nigerian Senate regarding ECOWAS’ proposed military action against the Niger Republic.
Sanctions against coup plotters in Niger were included in President Tinubu’s official communication to the Senate.
ECOWAS is considering a military intervention to restore Bazoum in Niger.
Following the dramatic rebellion, ECOWAS stated that it may use military force to restore constitutional order in the Niger Republic and issued a seven-day ultimatum to the Nigerien military led by General Abdourahamane Tchiani to reinstate Bazoum as president.
Omar Touray, president of the ECOWAS Commission, made the announcement on July 30 following an extraordinary meeting of ECOWAS member-state leaders at the State House in Abuja.
