Human rights lawyer, Marshal Abubakar, has declared that President Bola Tinubu’s authorisation of military intervention in the Republic of Benin, without National Assembly approval, constitutes an impeachable offense and a clear violation of the Nigerian Constitution.
Naijaonpoint reports that Abubakar’s sharp criticism follows the December 7, 2025 coup attempt in the Benin Republic, during which Nigeria’s Chief of Defence Staff openly admitted that Nigerian air and land assets were deployed to Cotonou solely on President Tinubu’s orders, who is also the Chairman of ECOWAS.
Abubakar firmly insisted that no Nigerian President possesses the power to deploy troops outside the country for combat without the prior consent of the National Assembly.
He cited a specific section of the Nigerian law that he argued is unequivocal on the matter.
According to the lawyer, Section 5(4)(b) of the 1999 Constitution (as amended) is clear:
“(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.”
While President Tinubu defended the move as consistent with the ECOWAS Protocol on Democracy and Good Governance, Abubakar warned that international protocols cannot supersede Nigeria’s domestic legal provisions governing the use of its armed forces.
Abubakar acknowledged that Section 5(5) allows the President, in consultation with the National Defence Council, to deploy troops for limited combat outside Nigeria on an urgent basis.
However, he stressed a critical condition:
“…it must be the national security of Nigeria (not Benin) that is under imminent threat or danger.”
He argued that since Benin is a separate sovereign state, the President cannot unilaterally dispatch troops across borders unless Nigeria itself faces an imminent threat.
The human rights lawyer also expressed profound concern over the escalating wave of military coups across West Africa, which has recently affected Mali, Guinea, Burkina Faso, Niger, and now Benin.
Abubakar noted the disturbing trend of widespread public jubilation following these unconstitutional takeovers, which he believes signals a deeper failure in governance across the continent.
He blamed this democratic reversal on systemic issues: “Across the continent and particularly in West Africa, governance has failed; corruption, weak institutions, insecurity (terrorism, conflict), and poor leadership prevent inclusive development, leading to citizens disillusionment and democratic reversals like coups.”
Abubakar concluded by urging political leaders to actively pursue national integration, abolish corruption, and control the national economy to ensure the maximum welfare of citizens to effectively “steam the tide of coups threatening Africa’s democracy.”
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