ANALYSTS and observers in and outside of Nigeria have begun calling into the question the constitutionality of the decision by President Goodluck Jonathan to send troops to the beleaguered West African nation of Mali.
The federal government had announced on Tuesday that as many as 776 soldiers will be shipping out to Mali as part of an international contingent of United Nations peacekeeping force on a mission to reclaim the desert nation from invading Islamic insurgents who have overran large swaths of the country.
“The Defense Headquarters would continue to deploy personnel to Mali until a battalion is deployed,” announced Admiral Ola Sa’ad Ibrahim in Tuesday’s official press briefing in Abuja, confirming the news of the deployment. Admiral Ibrahim’s remarks were presented by the Director of Defence Information, Colonel Mohammed Yerima.
“The degenerating crisis in the Republic of Mali compelled the decision of ECOWAS Heads of Government to intervene with a deployment of their military forces,” he added.
Colonel Yerima, speaking further on behalf of the defense chief, said that President Jonathan’s “decision is in line with Nigeria’s acclaimed peacekeeping roles and in the spirit of African brotherhood.”
‘‘The President approved the deployment of a Battallion and in the next 24 hours, a Company of the Battalion (which is about 190 soldiers) will be deployed.”
“Also, a technical team of the Nigerian Army and Air Force is already in Mali to facilitate the eventual full deployment of fighter aircraft and support element”.
But those with knowledge of the workings and provisions of the constitution have begun to challenge the decision on the basis of its constitutionality, saying the president has no powers for such unilateral deployment.
Sharpedgenews.com sources who made contact with presidential spokesman Reuben Abati on Wednesday confirmed that the president did not seek the approval of the National Assembly for the deployment of federal troops as required by law.
Mr. Abati however said that the president had constitutional powers to deploy troops in instances of emergency – a claim whose validity is already being challenged.
Our source also contacted two influential federal senators who revealed that President Jonathan has yet to request the ascent of federal legislators for the deployment. One of the legislators contacted was Senator Victor Ndoma-Egba of the Peoples Democratic Party, Cross Rivers, who posited that an approval for such deployment is required by law. He however said it remains to be seen if the president will seek such approval.
Another federal legislator, Senator Femi Ojudu of the Action Congress of Nigeria party from Ekiti State, also expressed similar views regarding the need for legislative approval before major troop deployments can be made, especially for foreign missions as is the case is with the planned deployment to Mali.
Observers foresee yet another open controversy between the lawmakers and the presidency if legislative approval remains unsought for the deployment. For now, they are eyeballing each other to see who blinks first.