₦airaland Forum

Human rights lawyer, Marshal Abubakar, has declared President Bola Tinubu’s authorisation of a military intervention in the Republic of Benin as an impeachable violation of the Nigerian Constitution.

Abubakar insisted that no Nigerian president has the power to deploy troops outside the country without the prior approval of the National Assembly.

Abubakar’s position follows the December 7, 2025 coup in Benin Republic, where soldiers of the Beninese Armed Forces led by Lieutenant Colonel Pascal Tigri announced the overthrow of President Patrice Talon on national television after attacking his residence in Cotonou.

In the wake of the coup, Nigeria’s Chief of Defence Staff openly admitted that the country’s air and land assets were deployed across Benin Republic’s airspace without the requisite approval of the National Assembly, but solely on the orders of President Tinubu, who chairs ECOWAS.

Tinubu has defended the move, claiming the intervention was consistent with ECOWAS’ Protocol on Democracy and Good Governance aimed at halting unconstitutional takeovers in the region.

But Abubakar sharply disagrees.

According to him, Section 5(4)(b) of the 1999 Constitution (as amended) is unequivocal:“ (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.

He adds that although Section 5(5) empowers the President — after consulting the National Defence Council —.to deploy troops for limited combat, such deployment must relate strictly to the national security of Nigeria, not that of another sovereign state.

Abubakar argued that Benin is not Nigeria and unless Nigeria itself is under imminent threat, the President cannot unilaterally dispatch troops across borders.

"Constitution permit the President, to in consultation with the National Defence Council, deploy members of the armed forces on limited combat, it must be the national security of Nigeria (not Benin) that is under imminent threat or danger."

The lawyer warned that ECOWAS cannot override Nigeria’s constitution, noting that international protocols do not supersede domestic legal provisions governing the use of armed forces.

Abubakar also expressed deep concern over the wave of military coups sweeping across West Africa—from Mali, Guinea, Burkina Faso, Niger to now Benin—stating that widespread public jubilation after coups signals a deeper rot in governance across the continent.

He blamed the collapse of governance on corruption, weak institutions, insecurity, manipulated elections, and leadership failures that have left citizens disillusioned and desperate.

Abubakar said, "It is disturbing to note the disturbing trend of coups currently pervading the ECOWAS sub region, we have witnessed in most instances the citizens of those countries celebrating these Constitutional usurpations.

"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. Widespread dissatisfaction leads to support for military coups, the egregious manipulation of the electoral processes leads the people looking for alternatives to democratic processes that have failed them over the years.

"It is my unchangeable personal belief that the worst democracy is better than the best military interregnum. However, since sovereignty belongs to the people through whom government derives all its powers and authorities, a self-serving government bedeviled by an uncanny inability or unwillingness to address systemic risks, often prioritizing personal gain over public welfare is an albatross to democracy.

"Political leaders must assiduously pursue national integration, abolish all corrupt practices and abuse of power, control the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity to steam the tide of coups threatening Africa’s democracy," he added.

HgAkpobomeEr:
The lawyer's argument is valid.

gawu1:
Gradually, they are emerging from their shells of bad beliefs. When Tinubu said he would take military action to stop the Niger coup but later opted for diplomatic measures, these same self-styled critics mocked him and called him and Nigeria a weak president and nation. This time, Nigeria and Tinubu acted quickly and decisively, saving democracy in our neighboring country; yet, they still seem to have something to say about it. The question is, if the coup situation had escalated into chaos, wouldn't Nigeria, as its nearby neighbor, be affected?
Since the "lawyer who knows law" claimed the president committed an impeachable offense, what prevents him from going to the assembly with the motion of impeachment?

HgAkpobomeEr:
The lawyer's argument is valid.

Iamgrey5:
President Tinubu doesn't chair Ecowas again

The newspapers should verify information before posting it

gawu1:
Gradually, they are emerging from their shells of bad beliefs. When Tinubu said he would take military action to stop the Niger coup but later opted for diplomatic measures, these same self-styled critics mocked him and called him and Nigeria a weak president and nation. This time, Nigeria and Tinubu acted quickly and decisively, saving democracy in our neighboring country; yet, they still seem to have something to say about it. The question is, if the coup situation had escalated into chaos, wouldn't Nigeria, as its nearby neighbor, be affected?
Since the "lawyer who knows law" claimed the president committed an impeachable offense, what prevents him from going to the assembly with the motion of impeachment?