Renowned human rights lawyer Femi Falana (SAN) has emphasized that President Bola Tinubu cannot unilaterally deploy Nigeria’s military against Niger Republic. Both the Senate and the House of Representatives must give approval for such action, as stated in the Constitution. Falana highlighted that even with a resolution from the Economic Community of West African States (ECOWAS) on potential force to address the situation in Niger, legal steps must be followed.
According to Falana, the Constitution requires the President to seek joint session approval from both Houses for declaring war with another country. Additionally, the Senate’s prior consent is necessary before deploying armed forces outside Nigeria. Falana explained that the President can deploy troops on limited combat duty after consulting the National Defence Council, but Senate consent is required within seven days of engagement.
The human rights lawyer also noted that ECOWAS needs authorization from the United Nations Security Council before declaring war on Niger Republic. Self-defense is the only exception. Article 53(1) of the United Nations Charter mandates regional arrangements or agencies to seek Security Council authorization for enforcement action. Falana emphasized that any ECOWAS intervention must be collective and subject to Security Council authorization.
In conclusion, legal and international protocols must be followed before any military action, underscoring the significance of proper authorization and collective decision-making.