Opposition has continued to trail plans by the Economic Community of West African State, ECOWAS, led by President Bola Tinubu, to launch military operations against Niger Republic, as the Catholic Bishops Conference of Nigeria, CBCN, the Jama’atu Nasril Islam, JNI, led by the Sultan of Sokoto and the Alumni Association of the National Institute, AANI, weekend kicked against the move.
It will be recalled that the ultimatum given the coup plotters by ECOWAS leaders to restore ousted President Mohamed Bazoum to power or face military action expired yesterday.
Reacting to the development yesterday, President of the Catholic Bishops Conference of Nigeria, CBCN, Most Rev. Lucius Iwejuru Ugorji, urged President Bola Ahmed Tinubu to dissuade ECOWAS Heads of States from using military might to subdue the coup plotters in Niger Republic.
Archbishop Ugorji, who made the appeal during a pastoral visit to inaugurate the Mary Mother of God Catholic Parish, Upe, Ngor Okpala local council area of Imo State, yesterday, said: “About a week ago, ECOWAS heads of state met in Abuja to deliberate on the recent coup d’etat in Niger Republic.
At the end of their meeting, they gave the coup plotters one week to restore democratic leadership in Niger or risk military intervention. This marching order expires today (yesterday).
They reasoned that it is wrong to change government by force. They are correct, but we also believe that shedding precious human blood is equally wrong. Two wrongs can never make a right.
“We are begging President Bola Ahmed Tinubu to dissuade ECOWAS Heads of States to resist the temptation of going to war, against the coup plotters. We beg them to stop the imminent bloodshed that will trail the military intervention.”
“We have wasted a lot of human blood in Africa. We have also wasted precious human lives in Nigeria and we cannot continue in this ugly fashion, for whatever reason”.
“For now, we don’t know who is sponsoring the coup plotters. We equally do not know who is behind the decision of the ECOWAS Heads of States. This may be a story for another day.
“The media is awash with the news of some countries that have already declared their full support for the country and their military strongmen. Russia may also be there, without our knowing.
“While we say no to coup d’etat, we also say no to war, for whatever reason. We say no manipulation of election results because it is also another shade of coup d’etat.
“President Tinubu should please, not launch any military expedition in Niger. Let us not forget that during the ECOMOG expedition, Nigeria not only played a major role but also bore the brunt of the losses in human and material resources.
“ECOWAS Heads of State should please, think of what should be the fate of the organization, if they begin military intervention in Niger”.
“We have been saying that palliative measures do not cure economic hardship. In the same vein, wars do not resolve misunderstandings. It is better to dialogue instead of going into a full-scale war, which nobody can precisely tell when it will end.”
Continuing, Archbishop Ugorji reminded the Federal Government that if Niger was attacked, Nigeriene citizens would scamper into Nigeria for safety.
“This is not what we should pray for, especially as we are currently battling our sagging economic climate,” Ugorji said.
While reminding Nigerians that “like Jesus Christ, we climb several mountains in our individual, communal and national lives”, Archbishop Ugorji urged citizens to remain steadfast.
His words: “We should remain steadfast, despite tribulations, trials, temptations and suffering. We should live as one family in love and stop all the killings going on in several states of the federation.”
Don’t take military action against junta, JNI warns ECOWAS
On its part, the Jama’atu Nasril Islam, JNI, warned Nigeria and ECOWAS authorities not to take military action against the junta in the Niger Republic.
JNI Secretary General, Prof Khalid Aliyu, in a statement issued in Kaduna on Saturday, expressed its deep concern over the seizure of power through a coup from the democratically elected Niger Republic, President Mohamed Bazoum but cautioned against military action.
The statement read: “We firmly note the relevance of upholding democratic principles and the rule of law to fostering the stability, development and steady progress within nations.
“Without a doubt, these are the cornerstones for good governance because democratic principles and the rule of law prevent arbitrary use of force and power and ensure consistency with international human rights, norms and standards.’’
The JNI commended efforts so far undertaken by the Federal Government, particularly the initiation of a dialogue process, aimed at resolving the crisis in Niger Republic.
“While this attempt may not have yielded the desired results, it demonstrates Nigeria’s commitment to peaceful resolutions.
“We acknowledge that dialogue is an invaluable tool in preventing further bloodshed and instability within the Sahel Region, which has many political and security uncertainties.
“Nevertheless, we wish to raise a word of caution against pursuing military action as a means to restore democracy,” the group stated.
According to JNI, the interlaced landscape of the northern states of Nigeria and the Niger Republic necessitates a more cautious and thoughtful action and approach.
It explained that with several Nigerian states sharing borders with Niger Republic, military intervention could have unintended consequences that might impact the peace and stability of both nations.
While calling on all stakeholders to concentrate on diplomatic and political resolution to the crisis in Niger Republic, the JNI stated: “We believe strongly that dialogue, cooperation and negotiation are the most effective means to establish lasting peace and stability in the region.’’
It said it is equally essential that the international community, including ECOWAS, continues to engage the junta in peaceful diplomatic discussions aimed at resolving the problem, and called on Nigerians to turn to God in prayers, seeking His merciful intervention and to guide the country’s leaders toward taking wise decisions and a peaceful resolution of the crisis in Niger Republic.
“Let us pray together for the restoration of peace and order, the protection of human rights and the well-being of the people of Nigeria and Niger Republic.
“JNI reiterated its commitment to promoting unity, understanding, and cooperation among all Muslim communities.
“We stand united against any form of injustice, oppression, and violence and advocate for a peaceful and harmonious world,’’ the group stated.
AANI urges caution, counsels against military action
Also reacting yesterday, the Alumni Association of the National Institute, AANI, expressed support for ECOWAS in calling for the restoration of democracy in Niger but cautioned against immediate military action.
It said ECOWAS should consider the immediate and long-term implications of its actions on the people of the Republic and the wider West African sub-region.
“AANI strongly condemns the military seizure of power in Niger Republic.
It supports the efforts of ECOWAS’ towards restoring democracy in the West African country.
“Addressing the root causes of the political crisis in Niger Republic and strengthening the democratic institutions in the country is vital to achieving lasting peace and stability in the region,’’ AANI said in a statement by the spokesman, Brigadier Gen Sani Usman, retd.
AANI, which is a body of senior executive course graduates of the National Institute for Policy and Strategic Studies, NIPSS, Kuru, near Jos, said military action by ECOWAS might escalate the current situation into a humanitarian crisis and worsen security challenges in the West African sub-region.
“Instead, non-military options like diplomatic pressure, and economic sanctions should be adopted towards a peaceful resolution and a quicker return to democratic governance in Niger Republic,’’ the group said.
It stated further that military action might also escalate tensions in the fragile security situation in the Lake Chad region and other parts of West Africa, attracting other armed groups and external actors to take advantage of it.
AANI stated: “This would exacerbate the security challenges and create a more complex and dangerous situation. It is, therefore, essential to prioritise peaceful and diplomatic solutions to the political crisis.
“ECOWAS should upscale diplomatic efforts to persuade the military leaders in Niger to relinquish power and allow the democratically elected government to reclaim the people’s mandate.
“By avoiding military intervention, ECOWAS would have demonstrated commitment to peaceful conflict resolution and regional stability.
“AANI believes that finding durable solutions to the prevailing political crisis in Niger Republic lies in prioritising the well-being of the civilian population and upholding the principles of democracy, human rights, and regional cooperation within ECOWAS.
“It is only through peaceful means that ECOWAS can ensure a sustainable and prosperous future for the people of Niger Republic and the broader West African community.’’
Similarly, Arewa Broadcast Media Practitioners Forum, ABMPF, said yesterday it noticed with great concern the echoes of the drumbeats of war being sounded by the West African Regional bloc, ECOWAS, spearheaded by President, Bola Ahmed Tinubu, to meddle in the internal affairs of the Republic of Niger.
The group in a statement, titled ‘Don’t GoTo War With Niger Republic,’’ signed by Alhaji Abdullahi Yelwa Ajiyan Yauri, the chairman, stated: “It is our conviction that the task of defending and sustaining democracy in Niger is the solemn duty of the people of Niger.
‘’The responsibility of its neighbours and friends like Nigeria, is not to exacerbate an already bad situation, but to support the democratic institutions of the country and pray for her in its time of needs.
“Again, it is worth emphasising that any military action in Niger will not only begin and end in Niamey, the Nigerien capital, but also spill over and snowball into Northern Nigerian communities in Kebbi, Sokoto, Zamfara, Katsina, Jigawa, Yobe, and Borno states.
“Its humanitarian consequences, however, would be felt across the nation and the West African sub-region.
‘’The coup in Niger, which began as a palace coup, has now become a national rallying point for anti-neocolonial struggle, not only in Niger but also in the rest of the Francophone West Africa. Even the nations of ECOWAS have come to terms with the reality of the coup as a fait-accompli that can’t be easily reversed.
“President Tinubu as ECOWAS leader, is also increasingly being seen as a Western stooge, doing the bidding of France and America. Anyone conversant with the historic role of Nigeria in ending colonialism in Africa knows that Nigeria doesn’t deserve the accolade of a Western stooge.
We applaud the courage and steadfastness of the Nigerian Senate and other well-meaning Nigerians who have preached caution and restraint.
“We urge other Nigerians to, therefore, rise with one voice to dissuade ECOWAS from this fatal misadventure.
“Before the Berlin Conference of 1884, where Europe partitioned Africa into spheres of influence, what is today called Republic of Niger and Northern Nigeria were part of Hausaland and the Kanem Borno Empire.
“They shared common cultural, historical, economic and religious affinities, which the Western-imposed artificial boundaries couldn’t severe.
“Since independence, the two nations have maintained mutually beneficial diplomatic, socio-economic, security and cultural relationships through informal trade, marriages and other forms of people-to-people engagements, our two countries have welded into one, despite official impediments.”
“In view, therefore, of the irreparable damage ECOWAS’ hasty resort to war would do to Nigerian-Niger relations, we call on the Tinubu administration to immediately take the following measures to return our relationship to the status quo ante: Suspend all entreaties towards war and seek a diplomatic solution to the crisis; take immediate measures to restore diplomatic ties with Niger Republic.
“Immediately open all our borders and allow free flow of economic activities and movement of people.; restore power supply to Niger Republic; seek resolution of the crisis in Niger through time-tested, give-and-take strategy of mediation, negotiation and compromise. ‘’The overall interest of the people of Niger, not the statutes of the ECOWAS protocols, should be the overriding consideration.
‘’Call on all well-meaning Nigerians, the civil society, religious and traditional leaders and the press to rise with one voice to support full restoration of diplomatic and other ties with the brotherly nation of Niger.”
Legal requirements for declaration of war against Niger Republic
Human rights activist, Femi Falana, SAN, said yesterday that President Bola Tinubu cannot lead ECOWAS on military onslaught against the coup plotters in Niger Republic without approval from the National Assembly.
Recall that the Senate had, weekend, turned down the request of the President for approval to launch military operation on the Niger Republic.
Falana, who is also the chairman, Alliance on Surviving COVID-19 and Beyond, ASCAB, said: “Notwithstanding the resolution of the Economic Community of West African States to resort to the use of force to flush the military junta in Niger in a bid to restore President Mohamed Bazoum, the Bola Tinubu administration is mandatorily required to seek the approval of both houses of the National Assembly.
‘’This is in compliance with section 5(4) of the Constitution of Nigeria 1999 (as amended), which stipulates as follows: (4) 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; and
‘’(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.
‘’However, by virtue of section 5(5) thereof, 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:
“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 14 days.
‘’In addition to the above constitutional mandate, the ECOWAS is required to seek and obtain the authorisation of the UN Security Council to launch an attack on a sovereign nation pursuant to article 53(1) of the United Nations Charter. Article 53(1) provides in part;
“The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council.
‘’This means that the conduct of the ECOWAS, as a regional arrangement, is subject to the provisions of the United Nations Charter, particularly article 53(1) and general international law.
“Therefore, the ECOWAS can not justify any intervention in Niger without authorisation of the Security Council.
“It is also clear that any intervention by the ECOWAS, apart from being subject to the authorisation of the Security Council, must be on a collective basis and not a unilateral one.
“In the absence of explicit security council authorisation, any intervention by ECOWAS would be illegal, unless it concerns a situation of self- defence, which is clearly not the case in the situation of the planned intervention in Niger.’’
Tinubu cannot override NASS’s disapproval — sebastian Hon
On the President’s capacity to override the National Assembly’s rejection of his request, constitutional lawyer, Sebastine Hon, SAN, said: “The President cannot and should not attempt to do so. The fragile nature of Nigeria now does not favour Mr. President even contemplating this.
“Speaking in constitutional terms, I would like to state that, under section 5(4)(a) and (b) of the Constitution, the National Assembly must sanction the deployment of our troops on such a combat mission before any such deployment.
“The President is under duty to seek the approval of the National Assembly, which we all know has been sought and turned down.
“Beyond this, section 5(5) permits Mr. President to deploy a limited number of troops outside Nigeria, but this is subject to two conditions. First of all, the security of Nigeria must be in danger.
“This is not applicable here, from all the surrounding circumstances. What has happened in Niger has not imperiled us in any way. Rather, any attempt by Mr. President to drag us into a war with Niger will seriously compromise our security and expose us to cross-border terrorism.
“The second condition is that Mr. President must, within 14 days of sending our troops on that temporary combat mission, seek and secure the approval of the National Assembly. From the look of things, the National Assembly will still reject this request. Why would the President then expose the lives of our children and expend our money on a mission that would most likely be botched by the National Assembly in two weeks’ time? In conclusion, I urge the National Assembly to stand its ground on this, for the overall interest of Nigeria.”
In his reaction, former 2nd Vice President of the Nigerian Bar Association, Dr. Monday Ubani, said: “The provision of the constitution is that the President cannot lead Nigerian military without the approval of the legislators.
‘’The provision does not contain any proviso to override the legislators in case of their refusal to give any nod for such adventure.
“Therefore, it will be clearly a breach, in fact a rape of the constitution if President Tinubu goes ahead to deploy the Nigerian military without the concurrence of the Senate of the Federal Republic of Nigeria.”