A public interest and human rights lawyer, Inibehe Effiong is of the view that President Bola Tinubu does not have the constitutional authority to deploy a single member of the Nigerian Armed Forces as part of the proposed Economic Community of West African States, ECOWAS, standby force to invade Niger Republic.
Effiong explained that it’s not only when a state of war between Nigeria and another country is declared that parliamentary approval is required, adding that parliamentary approval is also required for all combat duties and missions by the nation’s armed forces abroad.
In a statement issued on Thursday via his social media platform, the human rights lawyer claimed it’s unfortunate that ECOWAS leaders gave in to imperialist demands by France to go to war with Niger.
Effiong said he believes the reasonable solution to the crisis is diplomacy, insisting Nigeria is not in a position to go to war.
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He wrote, “As of today, Mr. Tinubu does not have the constitutional authority to deploy a single member of the Nigerian Armed Forces as part of the proposed ECOWAS Standby Force to invade the Niger Republic.
“It is not only when a state of war between Nigeria and another country is declared that parliamentary approval is required. Parliamentary approval is also required for all combat duties and missions by our Armed Forces abroad.
“While Section 5 (4)(a) of the 1999 Constitution mandates that the approval of the National Assembly must be sought for declaration of a state of war between Nigeria and another country, Section 5(4)(b) of the Constitution specifically provides as follows: ‘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’.
“The fact that Nigeria currently chairs the ECOWAS, and is a signatory to the treaty of ECOWAS does not change the above constitutional stipulation. Every treaty entered into by Nigeria is subject to the Nigerian Constitution.
“Since the Nigerian Senate had passed a resolution and ruled out military option in the resolution of the Niger crisis, any attempt by Mr. Tinubu to deploy a single member of our Armed Forces to take part in the invasion of Niger under any guise or name will be not only reckless but gross misconduct which can be treated by the National Assembly as an impeachable offence.
“It is unfortunate that ECOWAS leaders have given in to imperialist demands by France to go to war with Niger. They should have asked themselves why the coup seems to enjoy popular support of the citizens of Niger?
“I believe that the reasonable way out of this crisis is diplomacy. Nigeria is not in a position to go to war. Our Armed Forces are overstretched and underpaid. We are still struggling to overcome internal insecurity and insurgency.
“A country that is going through a terrible financial crisis has no business going to war.”
