Why Buhari did not consult National Assembly – by Bunmi Awoyemi Divinewealth
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Senate Deputy President, Ekweremadu is complaining that Buhari deployed troops to Senegal without approval. I find it interesting that Ekweremadu is lecturing Buhari about approvals when the whole world knows that the rules which he purportedly amended and used to get himself elected as Deputy Senate President were not subjected to the required constitutional amendment procedures. In fact the rules were forged. Approval ko approval ni.
It is clear that Ekweremadu is a mischievous individual. If he were not he would have read sections 4 and 5 of the 1999 Constitution.
Both sections 4 and 5 of the 1999 constitution should be read together:
"(4) Notwithstanding the foregoing provisions of this section:-
(a) the President shall not declare a state of war between the Federation and another country except with the sanction of a resolution of both Houses of the National Assembly, sitting in a joint session; and
(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.
(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 of the Federation on a limited combat duty outside Nigeria if he is satisfied that the national security is under imminent threat or danger:
Provided that the President shall, within seven days of actual combat engagement, seek the consent of the Senate and the Senate shall thereafter give or refuse the said consent within 14 days."
President Buhari did not declare a state of war between Nigeria and Gambia so the prior approval requirement does not apply here. What we are doing in Gambia is more in tune with the provisions of section 5 where prior approval is not needed. What we are doing in Gambia can be regarded as a limited combat duty aimed at enforcing the resolutions of the UN and ECOWAS of which Nigeria is a very active member. In fact, a Nigerian, Amina J Mohammed is the Deputy Secretary General of the UN. The resolutions require that Adama Barrow the democratically elected President of Gambia be installed if necessary by military might.
The imminent threat or danger requirement of section 5 is easily met because of the refugee crises and potential influx of terrorists into Nigeria if Gambia becomes a failed state as a result of the civil war that may ensue if the democratic will of the Gambian people are trampled upon.
The only thing required is for a post intervention approval to be sought by the President within 7 days of the deployment of our troops. The approval must be obtained within 14 days, but the 14 days is tolled for now because our soldiers are currently engaging in joint military exercises in Senegal with other ECOWAS forces. That in itself does not qualify as limited combat duty. The 14 days only begins to count from the day Nigerian troops enter into the nation of Gambia for limited combat operations."
