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Under the 1999 Constitution, the power to declare war is vested in the

Government
JAMB 2004

Under the 1999 Constitution, the power to declare war is vested in the

  • A. National Security Council
  • B. legislature
  • C. executive
  • D. National Council of States
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Correct Answer: Option B
Explanation

Under the Constitution of the Federal Republic of Nigeria 1999, the specific provision that governs the authority to declare war is found in Section 5(4)(a).

According to this section:

“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.”

This means:

  • The President (executive) cannot unilaterally declare war.

  • Both chambers of the National Assembly (Senate and House of Representatives) must approve it through a joint resolution before a declaration of war is valid.

So while the executive may initiate the process by proposing a declaration, the power to authorise or give legal effect to a declaration of war is vested in the legislature through the National Assembly as required by the Constitution.


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