Shugaba Ahmad Tinubu. Asalin hoton: Premium Times.
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On Tuesday, Dec. 9, 2025, President Tinubu ordered the deployment of Nigerian soldiers to the neighbouring Benin Republic following rumours of an imminent coup by militants in the country.
Headlines in credible newspapers covered the foiled coup in the African nation, with clips showing men in military-style uniforms announcing a junta takeover in a televised broadcast in the country.
Following the announcement, neighbouring countries such as Ghana, Côte d’Ivoire, and Nigeria deployed troops to ease tensions. Meanwhile, a report confirmed that it was after Nigeria deployed fighter jets and troops to drive the mutineers out of a military base and state TV headquarters that tranquillity was restored.
Reacting to this development, Nigerians on social media expressed different opinions towards the military intervention. While some questioned the country’s insecurity, others debated Tinubu’s actions without Senate approval.
So DUBAWA wrote this explainer to clarify if a Nigerian president can deploy the military to another country without the Senate’s approval.
The position of the Nigerian law
DUBAWA’s findings, which include a review of the 1999 Nigerian Constitution, show that the president has the legal authority to deploy members of the armed forces in limited combat operations outside Nigeria.
However, consultation from the National Defence Council must have been obtained before the president can make such an order. This is entrenched in Section 5 of the Constitution on executive powers.
Although Senate approval is the hallmark of every action and order, the president may proceed with the order, provided that Senate approval is obtained within seven days of the actual combat engagement.
Is deployment legal under collective responsibility? Experts opine
Speaking with AbdulHaqq Mutairu, a Lagos-based legal practitioner, he said that the president has the legal authority to deploy troops to a neighbouring country without the consent of the Senate, provided that consultation with the National Defence Council is made instead of Senate approval.
He stated that if the president fails to seek Senate approval within 7 days of actual combat, it will constitute an outright and flagrant breach of the Constitution.
AbdulHaqq noted that granting excessive freedom to the president to deploy armed forces without caution or legislative approval paves the way for a dictatorship in a democratic system.
“In my opinion, such actions could amount to a ground for removal in saner climes,” he stated.
The lawyer explained that both Benin Republic and Nigeria are signatories to international treaties like the African Union (AU) and Economic Community of West African States (ECOWAS), adding that Article 2(4) of the United Nations (UN) charter allows a military intervention to be carried out with the consent of the host country, which the Presidency clarified in a statement.
According to the statement, the Presidency claimed that it acted within the ambit of the ECOWAS’ obligation when making these orders.
Another lawyer, Moshood Ibrahim, told DUBAWA that Nigeria remains an influential member of the regional bloc Economic Community of West African States (ECOWAS), with significant collective responsibility under its security and governance frameworks.
In other words, ECOWAS operates under established legal instruments, such as the 2001 ECOWAS Protocol on Democracy and Good Governance, which empower the regional body to take collective action in response to unconstitutional changes of government, including military coups.
“ECOWAS also recently held a security conference in Abuja where issues like this are discussed, and the regional body vowed not to allow any further security threats in the region,” he stated.
Moshood stated that entering into a treaty with ECOWAS entails granting permission for collective intervention without prior consent from the affected country, to restore constitutional order and prevent political instability.
He cited instances in which ECOWAS intervened in post-election crises in Côte d’Ivoire, following then-President Laurent Gbagbo’s refusal to accept the outcome of the presidential election.
“Nigeria played a very significant role in that intervention, ensuring that the military was overpowered and the rightfully elected president was installed. In today’s world, no country exists in isolation, hence our involvement in regional security interventions matters,” he added.
Conclusion
DUBAWA’s research reveals that belonging to regional blocs, such as the AU and ECOWAS, means the Nigerian president has a collective responsibility to deploy military troops to neighbouring countries to maintain law and order; such action must be within the ambit of the law and obtained approval from the Senate.
Where the order is issued first, the National Judicial Council should be notified, and the Senate’s consent should be secured within 7 days; otherwise, the president’s action may lead to a breach of the law.
