A source in the 10th Senate has revealed that President Bola Tinubu needs at least 14 days to consult with lawmakers for approval before deploying troops for combat operations in another country.
The source, who spoke with Vanguard, disclosed this amid claims in some quarters that the President needed to seek the Senate’s approval 24 hours before or after the deployment of troops.
Naijaonpoint understands that the presidency had earlier described Nigeria’s response to the attempted coup as a demonstration of President Bola Tinubu’s leadership in promoting peace and constitutional order across West Africa.
Troops were deployed to Benin after some soldiers operating under the “Military Committee for Refoundation,” led by Lt. Col. Pascal Tigri, briefly seized the state television station in Cotonou on Sunday, announcing the overthrow of President Patrice Talon’s administration.
However, the coup was thwarted by the intervention of fighter jets and troops deployed in the neighbouring country by President Tinubu.
Explaining circumstances that informed Tinubu’s intervention in the Benin coup, the source quoted Section 5(5) of Nigeria’s 1999 Constitution which deals with the President’s power to deploy armed forces outside Nigeria for limited combat duty due to imminent national security threats, requiring Senate consent within 14 days of actual combat, with the Senate having seven days to approve or deny, ensuring executive power balance with legislative oversight.
According to the source, who pleaded anonymity, the Constitution emphasises that the President, in consultation with the National Defence Council, can act but must quickly inform the Senate for ratification, highlighting checks and balances on military deployment.
The key points of Section 5(5) indicate Authority: The President holds the power;
Condition: Imminent threat or danger to national security; consultation: Must consult the National Defence Council;
Deployment: Can deploy armed forces outside Nigeria.
Senate Consent: Must seek Senate consent within seven days of combat engagement.;
Senate Action: Senate must decide within 14 days (approve or refuse).
In simpler terms: The President can send troops to fight abroad if Nigeria is in immediate danger, but must get the Senate’s “OK” very quickly after the fighting starts.
Context: This provision is part of Section 5, which generally outlines the executive powers of the Federation, vesting them in the President, but subject to constitutional limitations and checks.
Section 5 of the Constitution of the Federal Republic of Nigeria. Sec 5 – Home 2025
(5) Notwithstanding the provisions of subsection (4) of this section, the President, in consultation with the National Defence Council, may deploy members of the armed forces for operations abroad.
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