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.
He wrote, “As at 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 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 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 a
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.”
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 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 demand 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.
He wrote, “As at 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 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 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 a
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 demand 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 terrible financial crisis
has no business going to war”.
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