Falana, Jibrin Oppose US Troops Deployment in Nigeria, Cite Constitutional Violations

Human rights lawyer Femi Falana (SAN) and Professor Jibrin Ibrahim of the Centre for Democracy and Development, Abuja, have opposed the presence of United States troops in Nigeria, warning that any military agreement allowing foreign forces in the country without legislative approval violates the Constitution and threatens national sovereignty.

In a joint statement titled “No to Foreign Forces in Our Land: Defend Our Sovereignty,” the duo traced Nigeria’s historical resistance to foreign military influence, recalling past defence agreements that were rejected following public and institutional opposition.

Historical Precedents

They cited the 1960 Anglo-Nigerian Defence Pact signed with the United Kingdom shortly after independence, which was later abolished in January 1962 by the Tafawa Balewa administration due to widespread criticism and concerns over neo-colonial control.

“The pact was designed as part of Nigeria’s independence for mutual defense and training. On account of the popular opposition against the neo-colonial defence pact, the Tafawa Balewa administration abolished it in January 1962,” the statement said.

The statement also referenced Nigeria’s leadership role in defending African sovereignty during the Angolan liberation struggle in the 1970s. According to Falana and Ibrahim, Nigeria rejected attempts by the United States and its allies to influence African nations against supporting the Popular Movement for the Liberation of Angola (MPLA).

They noted that then military Head of State, General Murtala Mohammed, declared at an Organisation of African Unity summit that Africa had come of age and would no longer accept directives from foreign powers.

Falana and Ibrahim further recalled that a proposed military cooperation agreement between Nigeria and the United States in 2001 was withdrawn after opposition from Nigeria’s Ministry of Defence, which was not involved in the negotiations.

“In 2001, President Olusegun Obasanjo wanted to sign a ‘Military Cooperation Agreement Between the US and Nigeria,'” the statement said. “The Nigerian Ministry of Defence vehemently opposed the agreement on the ground that it was not involved in the negotiations between the United States and Nigeria. Consequently, the agreement was withdrawn.”

They also pointed to a Bilateral Immunity Agreement signed in 2003, which prevented the surrender of American citizens to the International Criminal Court. The Nigerian Senate later nullified the agreement in 2005, citing constitutional violations.

Recent Developments

The statement expressed concern over recent developments involving the United States military in Nigeria. It referenced a December 25, 2025 announcement by former US President Donald Trump that American forces had carried out air strikes against Islamic State militants in Nigeria. Nigeria’s Minister of Foreign Affairs, Yusuf Tuggar, confirmed that the operation was coordinated with Nigerian authorities.

Falana and Ibrahim also cited reports published on February 4, 2026, indicating that the United States had deployed troops to Nigeria. Nigeria’s Minister of Defence, General Christopher Musa (Rtd.), reportedly described the deployment as a small advisory team providing intelligence and training support, although details of their size, location and duration were not disclosed. According to the statement, it has since been confirmed that at least 200 American soldiers are currently in Nigeria.

Constitutional Concerns

The two signatories argued that any mutual defence pact or expanded military agreement allowing foreign troops in Nigeria must comply with Section 12(1) of the Constitution, which requires treaties to be enacted into law by the National Assembly before they can have legal effect. They called for the immediate termination of any such agreement that lacks legislative approval.

Call for Self-Reliance

Falana and Ibrahim maintained that Nigeria has the capacity to address its security challenges without relying on foreign military forces. They highlighted the country’s longstanding contributions to United Nations and African Union peacekeeping missions, as well as its leadership role in the ECOWAS Monitoring Group (ECOMOG).

“Having regard to the remarkable participation of the Nigerian armed forces in the peace keeping operations of the United Nations and the African Union as well as their leadership role in the ECOMOG, we are convinced that Nigeria can win the war on terror,” they said.

They urged the Federal Government to instead focus on strengthening Nigeria’s armed forces through improved training, equipment and morale.

“Rather than depend on a foreign power, we should fully mobilise, equip, train and boost the morale of our armed security agencies to provide security for the Nigerian people in line with section 217 of the Nigerian Constitution,” the statement said. “Our sovereignty is under threat and we need to stand up and defend it.”