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Coup: Why President Tinubu Can’t Deploy Troops To Niger – SANs
Published
2 years agoon
By
Editor
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 maintained that for the armed forces of Nigeria to be deployed on a combat duty in Niger Republic, President Tinubu, must secure the approval of the National Assembly.
However, 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.
In such situation, they stressed that the President, having deployed troops outside the shores of the country, must within seven days, seek approval of the National Assembly, which in turn must take 14 days to either okay or reject the military action.
READ ALSO: US Suspends Aid To Niger Until Democracy, Bazoum Reinstated
According to Jacob Usman, SAN: “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.
“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.
“Subsection 4 (b) provides that except with the prior approval of the Senate, the President shall not deploy any of the armed forces of Nigeria outside the country.
“This is where the case of Niger Republic comes in. The President wrote for the approval of the Senate for the armed forces of Nigeria to be deployed on a combat duty out of Nigeria and the Senate, to my understanding rejected the approval.
“What this means is that without the Senate approving the presidential request, the President cannot and shall not deploy any armed forces of the federation out of Nigeria on a combat duty.
“However, it does not end there. By reason of subsection 5, there is a proviso that notwithstanding the provision of subsection 4, the President, in consultation with the National Defence Council, may deploy armed forces out of Nigeria on a limited combat duty if he is satisfied that there is a real threat, that is, that Nigeria is under a real threat and the President could not get the approval of the Senate.
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“He could deploy armed forces within seven days and must seek the approval of the Senate which must either approve or reject it within 14 days.
“Where the Senate approves the request within 14 days, then, the troops may be deployed. But where the Senate rejects the request, the President must recall the troops back to Nigeria,” Usman, SAN, added.
Likewise, another SAN, Mr. Abeny Mohammed, argued that the consent of the Senate was a constitutional requirement “that cannot be vetoed by the President.”
He said: “Sending Nigerian troops to a foreign country to fight or to engage in war with a foreign country are serious matters that cannot be left to the decision of the president alone.
“It requires the collective decision by the President and the Senate. However, in the event of a sudden attack on Nigeria, the president can deploy troops to repel the attack and defend the country without waiting for the consent of the Senate, which he can seek and obtain subsequently.”
Adding his voice to the debate, a Professor of Law, Epiphany Azinge, SAN, said: “It is not in dispute that the President is the commander -in-chief of the Armed forces, but when it comes to deployment of troops, he needs the acquircence of the Senate.
“This is for many reasons. First is to avoid outright dictatorship by Mr President. Second is to ensure budgetry approval for the conflict.
“A President that decides to engage in conflict against the advice of the Senate may be starved of funds for the prosecution of the war. That is not in the best interest of the nation.”
READ ALSO: Niger Crisis: PDP Govs Knock Tinubu; Reject Military Option
Similarly, Mr. Dayo Akinlaja, SAN, when he was asked if President Tinubu could deploy troops to Niger Republic despite the withdrawal of consent by the Senate, said: “The answer is an emphatic NO.”
Continuing, he said: “It is the prerogative of the Senate to approve the deployment of troops for combat duty outside Nigeria.
“The President is expected to obtain the prior approval of the Senate before any such deployment.
“Where the approval is refused, that ends the process. Although the Constitution allows the President to deploy troops before approval where there is imminent danger of attack of the Country and thereafter seek approval within seven days, that exceptional scenario does not arise in the instant situation.”
On his part, a front-line human rights lawyer, Chief Nkereuwem Udofia Akpan, said: “You will agree with me that ours is a Constitutional democracy fashioned after the American model where the doctrine of separation of powers forms the fulcrum upon which that structure revolves.
“A community reading of Sections 5, 305(1), (2) and (3) of the Constitution shows that the president can
declare a state of emergency and deplore troops outside the shores of Nigeria in certain situations.
“The conditions laid down for such a declaration are set out in section 305 (3) subparagraphs (a)-(g) of the 1999 Constitution as amended.
READ ALSO: ECOWAS Military Chiefs Seek Diplomatic Solutions To Niger Situation
“By the provisions of subsection 2 of section 305, the President is mandated to make copies of the official gazette of the federation containing the proclamation to both the President of the Senate and the Speaker of the House of Representative.
“Upon receipt of the Gazette containing the proclamation, both houses will meet and consider whether to approve or reject .
“Clearly, the President cannot override the decision of both houses of Parliament if those houses at plenary vote to reject the proclamation. The constitution grants the National Assembly powers in section 305 (2) to jettison and refuse to approve the proclamation.
“Curiously subsection 5 of section 5 of the same Constitution provides that the president can ignore the National Assembly and consult with the National Defense Council to deplore troops outside the shores of Nigeria on the condition that national security is under imminent threat or danger.
“Now, the proviso to that section 5(5) of the constitution mandates the President to still go back to NASS for approval for the action and at that point NASS may approve or reject the deployment
“In summary, it appears to me that the framers of our constitution never envisaged a situation where the President can go to war without any input from both houses of the NASS- Senate and House of Representative,” he added.
It will be recalled that the Senate had last Friday, rejected President Tinubu’s request to deploy troops to Niger Republic in support of move by the leadership of the Economic Community of West African States, ECOWAS, to reinstate President Mohammed Bazoum, who was recently ousted from office through a coup d’état.
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Headline
UK PM Says Latest Russia Strikes On Ukraine Shows Putin ‘Not Serious About Peace’
Published
8 hours agoon
September 7, 2025By
Editor
British Prime Minister Keir Starmer condemned Russia’s barrage of air strikes against Ukraine on Sunday, saying they showed that Russian President Vladimir Putin “is not serious about peace”.
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“I’m appalled by the latest brutal overnight assault on Kyiv and across Ukraine,” Starmer said in a statement. “These cowardly strikes show that Putin believes he can act with impunity. He is not serious about peace.”
Headline
Teenager Angry, Poisons Uncle’s Soup Because He Snores Too Much
Published
16 hours agoon
September 7, 2025By
Editor
A high school student in Japan has been arrested for allegedly poisoning his uncle’s soup in an attempt to kill him because he couldn’t stand his snoring, the country’s media reported.
The 18-year-old teenager from Ichibara, Japan’s Chiba prefecture, was arrested and charged with attempted murder after allegedly mincing leaves from a toxic oleander plant and pouring them into his uncle’s soup, because he had become exasperated by his loud snoring.
According to the police report, on August 17, during lunch, the teen’s uncle sensed an unusual taste in the soup he was served and spat it out, but soon started exhibiting symptoms like mouth numbness and stomach pain, which required medical attention.
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Samples from his bowl of soup were found to contain a lethal amount of the toxic substance known as oleandrin.
“I couldn’t stand my uncle’s loud snoring and decided to kill him,” the 18-year-old teenager allegedly told police during questioning.
Oleander is an evergreen tree that blooms with red or white flowers and is commonly planted as a street or park tree. Its branches and leaves are toxic.
Luckily, the teen’s uncle, a 53-year-old self-employed man who lived with the boy and his mother, made a full recovery.

Six people have been killed and up to 20 others are feared trapped after a gold mine collapsed in northern Sudan, authorities said on Saturday.
The accident occurred on Friday in the Um Aud area, west of the city of Berber in River Nile state, said Hassan Ibrahim Karar, executive director of the Berber locality.
“Efforts are ongoing to rescue those trapped beneath the rubble,” Karar said, without specifying the cause of the collapse of the artisanal mine.
Since fighting erupted in April 2023 between the army and the paramilitary Rapid Support Forces, both sides have largely financed their war efforts through the country’s gold industry.
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Official and NGO sources say nearly all of Sudan’s gold trade is funnelled through the United Arab Emirates, which has been widely accused of supplying arms to the RSF — a charge it denies.
Despite the conflict, the army-backed government announced record gold production of 64 tonnes for 2024.
Sudan, Africa’s third-largest country by area, remains one of the continent’s top gold producers.
However, most gold is extracted through artisanal and small-scale mining operations, which lack proper safety measures and often use hazardous chemicals, resulting in severe health risks for miners and nearby communities. Buy vitamins and supplements.
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Before the war pushed 25 million Sudanese into acute food insecurity, artisanal mining employed more than two million people, according to industry figures.
Today, mining experts say much of the gold produced by both warring factions is smuggled through Chad, South Sudan and Egypt before reaching the UAE — currently the world’s second-largest gold exporter.
The conflict has claimed tens of thousands of lives and displaced roughly 10 million people, creating the world’s largest displacement crisis. An additional four million Sudanese have fled across borders.
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