Dec. 11, 2025

Recently, Nigeria made headlines after deploying security support to halt a coup attempt in a neighbouring West African country.

Trust us at Lawpadi to wade through the political noise to understand if there are any legal nuances to be explained…and there are: they cover defence treaties and legislative approvals.

Coup d’etat in Benin, what’s Nigeria’s business?

A coup, simply put, is an illegal power grab. It bypasses elections, the constitution, and democratic institutions.

Coups have the ability to destabilise entire regions by triggering terrorism, arms trafficking, border displacement, and economic shocks. This is why West African countries treat a coup anywhere in the region as a shared emergency, not just a national crisis.

Legal Authority for Foreign Military Action

Nigeria’s legal authority to intervene flows first from its membership in ECOWAS.

Under the ECOWAS Mutual Defence Protocol of 1981, an attack or threat to one member is considered a threat to all. This authorises member states to respond collectively, including through military action, when democracy is threatened.

The ECOWAS Supplementary Protocol on Democracy and Good Governance (2001) strengthens this by making any unconstitutional change of government explicitly illegal and empowering ECOWAS to impose sanctions or intervene when necessary.

When Nigeria acts against a coup, it is enforcing a treaty other West African countries voluntarily signed.

Nigeria’s role is also backed continent-wide. Under the African Union Peace and Security framework, coups automatically trigger the suspension of the affected government from the AU and allow coordinated sanctions or security measures. This gives Nigeria both regional and continental legal cover.

What makes this latest deployment especially significant is that it is also domestically legitimate. Under the Nigerian Constitution, the President, as Commander-in-Chief, may initiate deployments of troops, however, there is a requirement to obtain formal approval from the Nigerian Senate.

The National Assembly has oversight responsibilities, especially when deployments become prolonged or financially significant. Senate approval therefore ensures the action is not only treaty-compliant but democratically supervised.

In this instance, the Senate has already provided its approval.

How Long Is the Senate’s Troop Deployment Approval Valid For?

Under Nigeria’s constitutional practice, when the Nigerian Senate approves a foreign troop deployment, the approval is typically mission-based, not time-based.

It lasts for as long as the specific operation or security objective continues, unless the Senate:
sets a clear time limit in its resolution, or
later withdraws or modifies the approval.

So legally, the deployment remains valid until the mission ends, or until the Senate formally reviews, limits, or cancels it.

At the moment, no publicly stated time frame has been attached to this approval.

Even after approving a deployment, the Senate still retains the power to:
summon defence officials, demand progress reports, review funding,
and withdraw political support if the mission drags on too long, becomes too costly, or begins to threaten Nigeria’s internal security or economy.
So approval is not a blank cheque.

Why it matters to you

These developments may seem distant, but the effects often reach ordinary citizens. Foreign military action increases defence spending, redirects government resources, and can contribute to inflationary pressure.

Regional instability also usually leads to increased internal security presence: more checkpoints, more stop-and-search operations, and more surveillance, all of which affect daily life.

Ultimately, Nigeria’s anti-coup action may strengthen democracy across West Africa, but it also expands security power at home. That requires vigilance from citizens and strong oversight from the legislature.

Courtesy Lawpadi