Senate okays Buhari’s deployment of troops to Gambia without its consent

The Senate has given consent to the deployment of Nigerian troops to The Gambia by President Muhammadu Buhari  without the express permission of The Senate.
Although some of the Senators argued that the President’s action which he undertook without carrying the National Assembly along was a breach of the Constitution.

The President had earlier ordered the dispatch of warships and fighter jets for a possible military intervention in The Gambia to force President Jammeh out of office.

Jammeh’s tenure as president of the Gambia ended 12 mid night on Wednesday and he has since gotten approval of the country’s parliament to extend his rule by three months.  out of office.

The matter was raised by Senator Chukwuka Utazi, (Enugu North) who came through Order 43 of the Senate Standing Rule and Section 5(4), of the 1999 Constitution as amended, drawing lawmakers attention to the fact that President Buhari erred by deploying troops outside the shores of the country without seeking Senate consent.

He said  “ECOWAS countries have been discussing the political crisis in The Gambia. But to ask that this country will go on warfare in another country without a recourse to the constitutional provision is an affront on the 1999 Constitution. It is a breach of the constitution and we have failed. Let it be on record that the National Assembly has to be informed properly in writing.”

According to Utazi, Section 5(4) of the 1999 Constitution as amended stated that “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

“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.”

Senate President, Abubakar Bukola Saraki, faulted Utazi’s position.

Saraki noted that Buhari was still within the confines of the law.

The Senate President said that the Constitution protects President Buhari to deploy troops, as long as the operation does not exceed seven days.

Relying on Section 5(5) of the 1999 Constitution as amended, Saraki noted that until the expiration of seven days, it would be wrong to fault the action of President Buhari.

Saraki argued: “The point made is noted, but the explanation concerning the constitution is confusing. I believe the constitution gives room for the president, within seven days, for such an action to come before us.”

Section 5(5) reads: “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 fourteen days.‎”

Deputy Senate President, Senator Ike Ekweremadu countered.

Ekweremadu warned that it would be wrong to undermine the institution of the Senate.

He noted that weakening the institution of the Senate would amount to setting a bad precedence will hurt the Senate in the future.

Relying on Section 5(4)(b) of the 1999 Constitution as amended, Ekweremadu insisted that the President cannot deploy troops outside the country without any prior approval from the National Assembly.

Section 5(4)(b) of the 1999 Constitution as amended reads: “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.”

“This has nothing to do with war and we are not at war with anybody, but for you to send the Nigerian armed forces outside Nigeria, this Senate must be told. But it is happening in The Gambia. They need the approval of the Senate because that is not war.

“War comes in when you are talking about section 5 of the constitution and the president does not need our approval. He can go to war on our behalf and come back later. But for you to deploy them to The Gambia, you must seek the approval of the Senate.”

The Senate did not take any official position on the matter as Saraki foreclosed further contributions.

The Senate President did not also rule on the constitutional matter raised by Utazi and Ekweremadu.