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Daily Law Tips (Tip 455) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)

DURATION WITHIN WHICH THE SENATE MUST RESPOND TO
PRESIDENT’S REQUEST TO DEPLOY ARMED FORCES ON COMBAT DUTY OUTSIDE
NIGERIA.

The Constitution of Nigeria directs the conducts of all arms of
government. Generally the President, though the Commander in Chief
of Armed Forces of Nigeria, cannot deploy any member of the armed
forces of Nigeria on combat duty outside Nigeria except with the
approval of the Senate.

However, where the President in consultation with the National
Defence Council is satisfied that the national security of Nigeria
is under imminent danger or threat, the President can deploy
members of the armed forces of Nigeria on a limited combat duty
outside Nigeria without approval of the Senate. Within 7 days of
actual combat engagement of such deployed troop, the President must
seek the consent of the Senate and the Senate is at liberty to
consent or refuse to give consent within 14 days. The constitution
is silent on a situation where the Senate fails to give its
decision within the stipulated 14 days, however, one may assume
that the President will veto/override the Senate at such time.

My authorities are sections 5(4),5(5), 318 and 319 of the
Constitution of the Federal Republic of Nigeria, 1999.

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