Meaning of section 5 (5) of 1999 constitution

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

Meaning of section 5 (5) of 1999 constitution

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

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

1 Despite the requirement for Senate approval, the President can deploy Nigerian soldiers for limited combat duty outside Nigeria without Senate approval in exceptional circumstances.

2 The President must consult with the National Defence Council and be satisfied that: Nigeria’s national security is under immediate threat or danger. The deployment is necessary to protect Nigeria’s interests

3 In situations where delay could be dangerous, the President can take swift action to protect Nigeria’s security without waiting for Senate approval.

4 However, this power is not unlimited, as the President must still consult with the National Defence Council and justify the deployment as a necessary response to an imminent threat. This clause provides a safeguard for national security while maintaining a balance between executive power and legislative oversight.

This section is introducing an exception or override to the previous limitation on the President’s power to deploy the armed forces outside Nigeria:

Section 5 Subsection 5 in simpler terms, this means:

Even though the previous section required the President to get approval from the Senate before deploying the military outside Nigeria, this new provision allows the President to bypass that requirement in certain urgent situations.

Specifically, the President can deploy the armed forces on limited combat missions outside Nigeria, without needing the Senate’s approval, if the following conditions are met:

1. The President has consulted with the National Defence Council.

2. The President is satisfied that Nigeria’s national security is under imminent threat or danger.

So in essence, this clause creates an exception to the legislative oversight requirement, giving the President emergency powers to deploy the military abroad for limited combat operations, if the President deems it necessary for national security reasons and has consulted the National Defence Council. This allows the President to act quickly in the face of urgent threats, without having to wait for the Senate’s approval, while still requiring the President to consult the relevant defense authorities.

This law gives the President of Nigeria the authority to send armed forces outside the country for fighting (combat duty) in limited situations. However, there are restrictions:

Threat to National Security: The President can only do this if he believes Nigeria’s safety (national security) is in immediate danger (imminent threat).

Consultation: He can’t decide alone. He must discuss it with a group of advisors focused on defense (National Defence Council).

Limited Duty: The law doesn’t say how “limited” the combat duty must be, but it suggests the fight shouldn’t be a full-scale war.

In simpler terms, imagine someone is about to attack Nigeria. The President, after speaking with defense advisors, can send some soldiers to fight the attacker, but only to stop the immediate threat, not to start a long war.

Subsection 5b stated that

b)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

1 If the President deploys troops for combat duty outside Nigeria without Senate approval (under the emergency deployment provision),

2 The President must:

I Notify the Senate within 7 days of the actual combat engagement

II Seek the Senate’s consent (approval) for the deployment

3 The Senate must:

I Give or refuse consent within 14 days of receiving the President’s request

4 The President can act quickly to deploy troops in an emergency, but must later seek the Senate’s approval to ratify the decision.

5 5he Senate has the power to review and approve or reject the deployment, even if it has already started. This clause ensures that the President’s emergency powers are balanced by legislative oversight, preventing unchecked executive action and promoting accountability in the use of military force.

This section is adding a further requirement for the President’s use of the emergency powers described in the previous part:

“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.”

In simpler terms, this means:

Even when the President deploys the military on limited combat missions outside Nigeria without prior Senate approval (as allowed in the previous exception), the President must still take additional steps:

1. The President must, within 7 days of the actual start of combat operations, seek the consent/approval of the Senate for that deployment.

2. The Senate then has 14 days to either give or refuse consent to the President’s military deployment.

So while the President can initially bypass the Senate’s approval in emergency situations, the President is still required to retroactively seek the Senate’s consent within a week of the combat engagement beginning. The Senate then has 2 weeks to review and either approve or disapprove of the President’s actions.

This provision acts as a check on the President’s emergency powers, ensuring that the legislative branch still has an opportunity to scrutinize and provide (or withhold) its approval for the combat deployment, even if it happened without prior Senate consent.

In essence, it maintains the balance of power between the executive and legislative branches, even in urgent national security situations requiring quick military action.