About a week after its launch, the federal government Tuesday declared Operation Amotekun, a security initiative by the South-west governors as illegal.
Attorney General of the Federation and Minister of Justice Abubakar Malami (SAN) made the position known in a statement issued in Abuja.
The statement signed by media aide to the minister, Jubril Gwandu, said Malami was not consulted before the idea was deliberated upon.
He said: “Federal Republic of Nigeria is a sovereign entity and is governed by
laws meant to sustain its corporate existence as a constitutional democracy. It is a Federation of states, but with the federal government superintending over matters of national interests. The division of executive and legislative authority between the federal
and state governments has been clearly defined by the constitution of the Federal Republic of Nigeria 1999 (as amended).
“It is against the same background that matters relating to the peace, order and good government of the Federation and in particular, the defence of the country is enshrined in the Exclusive Legislative List.
“The Second Schedule in Item 17 deals with defence. This is a matter that is within the exclusive operational competence of the
Federal of Government of Nigeria. No other authority at the state level, whether the executive or legislature has the legal authority
over defence.
“The setting up of the paramilitary organisation called “Amotekun” is illegal and runs contrary to the provisions of the Nigerian law. The Constitution of the Federal Republic of Nigeria 1999 (as amended) has established the Army, Navy and Air Force, including the Police and other numerous paramilitary organisations for the purpose of the defence of Nigeria.
“As a consequence of this, no state government, whether singly or in a group has the legal right and competence to establish any form of organisation or agency for the defence of Nigeria or any of its constituent parts.
“This is sanctioned by the provision of Item 45 of the Second Schedule of the Constitution of the Federal Republic of Nigeria (as amended) authorising the Police and other federal
government security services established by law to maintain law and order.
“The law will take its natural course in relation to excesses associated with organisation, administration and participation in “Amotekun” or continuous association with it as an association,” the statement further added.
While harping further on the need for the nation’s Nigeria’s defence and corporate entity are preserved at all times, he reiterated that his office was not consulted on the matter.
Lawyer counters
But in a chat withBlueprint Tuesday, an Abuja-based legal practitioner, Jude Obiora Okakwu, said self-defence remained one of the major human rights enshrined in the constitution.
He also asked the governors to ask the court to decide the constitutionality of their action.
Orakwu said: “Don’t also forget that this security outfits spring up because of the collapse in our security apparatus.”
The legal practitioner said the South-west region did not raise a police or an army, but a security outfit more like a vigilante group.
He said: “Remember that we have had many times, craves for community policing in this country and since their action was not in violation of the constitution, I think it is a welcome development.”
He further argued that if the police had been up and doing, “we would not have had the proliferation of banditry, herdsmen attack, kidnapping and all sorts of crimes plaguing us today in the country.”
On whether the new security outfit can carry firearms, he said: “Even if they are not permitted to carry AK 47 rifles, they can at least carry dane guns to secure their region.
“Come to think of it, in so many places we have the forest guards, civilian JTF; political guards carry arms to protect politicians and their principals, so why would it become a crime for a regional security outfit to do so? They have not done anything wrong to warrant riot acts been read at this inception.
“In the first place, I think the South-west governors as the state’s chief security officers deserved commendation for deploying their security votes to float such outfit.”
On the constitutionality or otherwise, Okakwu advised the governors to approach the court and “let the court decides their fate in the matter.”