Human rights lawyer Marshal Abubakar has declared that President Bola Tinubu’s deployment of Nigerian troops to the Republic of Benin constitutes an impeachable breach of the Nigerian Constitution.

Abubakar argued that no president has the constitutional authority to deploy members of the armed forces outside Nigeria without the prior approval of the National Assembly.

His warning follows the December 7, 2025 coup in Benin Republic, where soldiers led by Lieutenant Colonel Pascal Tigri toppled President Patrice Talon after invading his residence in Cotonou and announcing the takeover on national television.

In response to the coup, Nigeria’s Chief of Defence Staff confirmed that the country deployed air and land assets across Benin Republic—without legislative approval—acting solely on the directive of President Tinubu in his capacity as ECOWAS Chairman.

Tinubu has defended the deployment, insisting it aligns with ECOWAS’ Protocol on Democracy and Good Governance, which mandates regional action to deter military takeovers.

But Abubakar sharply disputed this justification.

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

“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 further noted that although Section 5(5) allows the President—after consulting the National Defence Council—to deploy troops for limited combat, such deployment must strictly relate to Nigeria’s national security, not that of a foreign state.

Abubakar stressed that Benin Republic poses no imminent threat to Nigeria, and therefore the President’s unilateral intervention violates the Constitution.

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

The lawyer added that ECOWAS protocols cannot override Nigeria’s Constitution, noting that regional agreements do not supersede domestic laws governing military deployment.

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A Region in Democratic Decline

Abubakar also expressed alarm over the growing wave of coups across West Africa—spanning Mali, Guinea, Burkina Faso, Niger, and now Benin. He said the jubilant public reactions in many of these countries reveal deeper governance failures.

He attributed the rise in unconstitutional takeovers to corruption, weakened institutions, insecurity, electoral manipulation, and leadership failure.

“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.”

He added that public frustration with flawed democratic processes often fuels support for military interventions.

Despite the worrying trend, Abubakar maintained:

“The worst democracy is better than the best military interregnum.”

He argued that African leaders must urgently address systemic failings if democracy is to survive:

“Political leaders must assiduously pursue national integration, abolish all corrupt practices and abuse of power, control the national economy… to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.”