SIR: Section 5 sub section 4 of 1999 Constitution as amended states that, “(a) the President shall not declare a state of war between the federation and other country except with the sanction of a resolution of both Houses of National Assembly sitting in a joint session, and (b) except with the prior approval of the Senate, no member of the Nigeria armed forces should be deployed outside the country for a combat mission. From the above, the President is under obligation to seek approval before the deployment of Nigeria Armed men for internal or external armed combat, war or conflict as the case maybe.
However, there is a rider to section 5 which read thus, “notwithstanding the provision of section 5 subsection 4 of this section, the President in consultation with the National Defence Council, may deploy members of the armed forces of the country on a limited combat duty outside Nigeria if he is satisfied that the national security is under threat or danger: provided that the President shall within 7 days of actual combat engagement, seek the consent of the Senate and the Senate shall within 14 days thereafter give or refuse the consent”.
Now, from the community reading of the above provisions, it is clear that the approval of the National Assembly may be sought proactively or retroactively. In other words, the President is at liberty to seek such approval before or after deployment of army, provided he suspects that there is a threat to national security.
Another angle to the issue is to examine the rationale or reason for the deployment of the army inside or outside the country. Is the deployment for “combat”, “war” or “peace keeping”? If the rationale for deployment is for war or combat, then the above provisions will always apply. No doubt about that. If it is for “peace keeping”, then it does not seem that the President would need the approval of the National Assembly. It can be argued therefore that the President may only need the approval of the National Assembly where he has declared a combat mission or war internally or externally. In that case, it would seem that any deployment for peace keeping such as under the ECOMOG, UN or AU mandate may not require the approval of National Assembly. This is more so that there are extant bilateral or multi-lateral agreements ratified by Nigeria for such joint military action either at regional or global level. By such extant agreements of which the ECOMOG under the ECOWAS Treaty Of 1975 is one, it would seem that the President already has a blank cheque for deployment from time to time. The only exception here may be where such foreign intervention is a sole Nigeria expedition.
Finally, the President Muhammadu Buhari is under every obligation to respect any treaty, bilateral or multilateral, to which Nigeria is a signatory. Nigeria’s going to Gambia is a creation of ECOWAS treaty. Its goal is purely for peace keeping not for combat.
- Otimkpu Paschal Chizoba,
Awka, Anambra State.
