Attorney General of the Federation and Minister of Justice, Abubakar Malami SAN has pronounced ‘Amotekun’, the security outfit newly inaugurated by governments of states in the south west as illegal.
“The setting up of the paramilitary organization 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 Airforce, including the Police and other numerous paramilitary organisations for the purpose of the defence of Nigeria,” a statement released on Tuesday evening and signed by Dr. Umar Jibrilu Gwandu, SA Media and Public Relations, (Office of the Attorney-General of the Federation and Minister of Justice) stated.
The statement added that “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 organization 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) authorizing the Police and other Federal government security services established by law to maintain law and order.”
Read the full statement below:
Press Release on the Paramilitary Organisation named “Amotekun”*
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, are 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 organization 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 Airforce, 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 organization 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) authorizing 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 organization, administration and participation in “Amotekun” or continuous association with it as an association.
Finally, it is important to put on record that the Office of the Attorney General and Minister of Justice was not consulted on the matter. If it had, proper information and guidance would have been offered to ensure that Nigeria’s defence and corporate entity are preserved at all times.
Do you want to tell us that other security outfits in the north and east are legal outfits?The HISBA in kano ,the security outfit in Borno?
If it is not possible for us to move forward in a direction that will make each region to be secured and to progress, I want to call for memorandum from the Yorubas to decide if they want to continue under this premise or liberate our people from these cheating ,insecurity ,loose nation we are and abuse of of office being perpetrated in order to relegate our standard .Enough is enough.
If true federalism cannot be practised then let each region do the needful.
Why is the north against the establishment of a joint association of hunters and farmers back up by their various west Governors to secure their lands from criminals called herdsmen. Abi north self get CJTF?