Meaning of section 5 (4) of 1999 constitution

What is the Meaning of section 5 subsection two of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 5 (4) of 1999 constitution

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Meaning of section 5 (4) of 1999 constitution

The section 5 subsection 4 of Nigeria 1999 constitution power of executive stated that

Notwithstanding the foregoing provisions of this section- (a) 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;

1 Despite the powers granted to the President as Commander-in-Chief, they cannot declare war on another country without the approval of the National Assembly.

2 The President needs the sanction (approval) of a joint session of both the House of Representatives and the Senate to declare a state of war between Nigeria and another country.

3 The President’s powers are balanced by the need for legislative approval, ensuring that the decision to go to war is not taken unilaterally.

4 This requires the President to seek the support of the elected representatives of the people, making war a last resort and a collective decision. This clause ensures that the President does not have absolute power to declare war, and that the legislative branch has a say in such a critical decision, promoting accountability and democratic governance.

This section is introducing an exception or limitation to the powers of the President, even though the previous sections outlined the broad executive powers of state Governors. Specifically, it states:

“Notwithstanding the foregoing provisions of this section –

(a) 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.”

In simpler terms, this means:

The President does not have the unilateral authority to declare war against another country. Instead, the President can only declare a state of war if they have the express approval and sanction of both the Senate and House of Representatives of the National Assembly, meeting together in a joint session.

The key main points of this section are:

1. Restriction on President’s War Powers

– The President’s executive powers are limited when it comes to declaring war on another country. The President cannot act unilaterally.

2. Requirement of National Assembly Approval

– Both chambers of the National Assembly (Senate and House of Reps) must pass a joint resolution authorizing and sanctioning the declaration of war.

3. Checks and Balances on Executive War Powers

– This provision introduces legislative oversight and approval as a check on the President’s executive authority in the critical matter of war.

So in essence, this clause takes away the President’s unilateral power to declare war, and instead requires the collective approval of the National Assembly before such a momentous decision can be made. This helps balance the powers between the executive and legislative branches.

Here’s a breakdown of the key points:

National Assembly Approval Needed: The president needs a “resolution” to be passed by both houses of the National Assembly. A resolution is a formal statement that expresses the opinion or will of a legislative body. In this case, both houses (similar to the U.S. Senate and House of Representatives) need to agree to the resolution for the war declaration to move forward.

Joint Session: The law says that both houses need to vote together in a special session. This means that all the members of both houses would meet at the same time to specifically discuss and vote on the issue of war.

Basically, this law makes it more difficult for the president to start a war without the support of the legislature. This helps to ensure that a decision to go to war is carefully considered by a representative group of people.

Section b

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.

1 The President or the military authorities cannot deploy Nigerian soldiers for combat duty outside Nigeria without the approval of the Senate.

2 The Senate must give its prior approval before Nigerian troops can be sent on combat missions abroad.

3 The President or the military cannot unilaterally decide to send Nigerian soldiers to fight in other countries.

4 The Senate has a say in such decisions, ensuring that the deployment of troops aligns with Nigeria’s national interests and foreign policy objectives.

This clause ensures that the deployment of Nigerian troops abroad is subject to democratic scrutiny and oversight, preventing arbitrary decisions that might put soldiers’ lives at risk or compromise national security.

This section is placing another limitation on the powers of the President regarding the deployment of the Nigerian armed forces:

Section c

“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.”

In simpler terms, this means:

The President does not have the sole authority to deploy Nigerian military personnel on combat missions outside the borders of Nigeria. The President must first obtain the prior approval of the Senate before such a deployment can occur.

The key main points of this section are:

1. Restriction on President’s Military Deployment Powers

– The President cannot unilaterally send Nigerian troops on combat operations in other countries. There are legislative checks on this executive power.

2. Requirement of Senate Approval

– The President must get the explicit approval of the Nigerian Senate before ordering the deployment of armed forces outside the country for combat duties.

3. Legislative Oversight of Executive Military Actions

– This provision gives the Senate the power to scrutinize and approve any planned combat deployments of the Nigerian military beyond the country’s borders. So in essence, this clause limits the President’s ability to use the armed forces for foreign combat operations. It requires the President to seek and obtain the Senate’s prior approval before such deployments can take place. This helps balance the powers between the executive and legislative branches when it comes to military actions outside Nigeria.