Speaking shortly after reports emerged of Nigerian troops being authorised to assist with security efforts in Benin Republic, Abubakar argued that the President acted outside the limits of the law.
According to him, Nigeria’s Constitution does not allow the President to deploy soldiers beyond the country’s borders without first receiving legislative approval.
“No President Has Absolute Power”
Abubakar, who is known for his work in constitutional and human rights law, explained that while the President is the Commander-in-Chief of the Armed Forces, that role does not give him unchecked authority.
“The Constitution clearly limits presidential powers,” he said.
“No president has the right to unilaterally deploy Nigerian troops to another country without the consent of the National Assembly.”
He cited sections of the 1999 Constitution that require both the executive and legislature to be involved in decisions related to war, defence, and foreign military deployment.
According to Abubakar, failing to follow this process amounts to a serious violation of the law and could justify impeachment proceedings if proven.
His comments follow the December 7, 2025 military coup in Benin Republic, where soldiers reportedly overthrew President Patrice Talon.
The takeover has unsettled the region and raised concerns about security along Nigeria’s western border.
Nigeria currently plays a leading role in ECOWAS, the regional bloc that has strongly condemned unconstitutional changes of government in West Africa.
Reports suggest that President Tinubu approved a limited military action aimed at border security and supporting regional stability.
However, Abubakar insists that even emergency situations do not excuse bypassing the Constitution.
The lawyer emphasized that one of the main reasons Nigeria’s Constitution separates powers is to prevent unilateral decisions that could drag the country into international conflicts.
“The framers of the Constitution were deliberate,” he said.
“They did not want one individual to commit Nigeria to war or foreign military operations on his own.”
He called on the National Assembly to urgently demand clarity from the Presidency, including details of:
Whether troops were actually deployed
The size and purpose of the mission
How long the operation is expected to last
Abubakar said lawmakers must decide whether the action was legal, necessary, and in Nigeria’s best interest.
Abubakar warned that allowing such actions to go unchallenged could create a dangerous precedent for future presidents.
“If this is allowed today, another president tomorrow could send troops anywhere without accountability,” he said.
“That weakens democracy and undermines the rule of law.”
He stressed that national security should always operate within legal boundaries, no matter how urgent the situation may appear.
Meanwhile, security analysts have cautioned that any Nigerian involvement in Benin Republic must be handled carefully.
They warn that an unclear or poorly defined mission could worsen instability in the region, especially if the intentions of the coup leaders remain uncertain.
ECOWAS is reportedly weighing several options, including diplomatic engagement, sanctions, and coordinated regional responses.
As of now, the Presidency has not issued a detailed public response to the claims made by Abubakar or clarified whether parliamentary approval was sought before any military move.
The silence has continued to fuel debate among lawyers, lawmakers, and members of the public, with many demanding transparency.
The issue has sparked widespread discussion across Nigeria, with citizens divided between those who support decisive regional leadership and others who insist that constitutional processes must always be respected.
For Abubakar, the matter is clear:
“Security cannot come at the expense of the Constitution. Once the law is broken at the top, the consequences spread to the entire system.”
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