“Tinubu’s Benin Intervention Is an Impeachable Offence,” Says Lawyer Abubakar

A Nigerian human rights lawyer has accused President Bola Tinubu of breaching the constitution by ordering a military intervention in the Republic of Benin without legislative approval. Marshal Abubakar said the deployment of Nigerian air and land assets across Benin’s airspace in response to the December 7 coup amounts to an impeachable offence, arguing that the president lacked the authority to take such action unilaterally.

His remarks follow the takeover in Cotonou, where Lieutenant Colonel Pascal Tigri and other soldiers announced the removal of President Patrice Talon after attacking his residence. In the aftermath, Nigeria’s Chief of Defence Staff confirmed that the operation was carried out solely on the president’s directive and without the consent of the National Assembly.

Tinubu, who currently heads ECOWAS, defended the deployment as part of a regional effort to prevent unconstitutional changes of government. Abubakar dismissed that justification, insisting that Section 5(4)(b) of the 1999 Constitution clearly forbids sending troops abroad for combat without Senate approval. He added that while the law allows limited deployment after consulting the National Defence Council, such action must be tied directly to Nigeria’s own security, not the protection of another country.

The lawyer warned that ECOWAS protocols cannot supersede the Nigerian Constitution and stressed that only domestic law determines when and how the armed forces may be used.

Abubakar also voiced concern over the growing number of coups across West Africa, noting that public celebrations following military takeovers in countries such as Mali, Guinea, Burkina Faso, Niger and now Benin reflect deep dissatisfaction with governance. He attributed the rising instability to corruption, weak institutions, insecurity, flawed elections and leadership failures that have eroded public trust.

He said citizens often support coups when democratic systems repeatedly fail them, but maintained that civilian rule, despite its flaws, remains preferable to military regimes. Abubakar urged African leaders to rebuild trust by strengthening institutions, curbing corruption, promoting justice and ensuring equitable opportunity to prevent further democratic backsliding.