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Amotekun Is Illegal -Malami

The Attorney-General of the Federation, Abubakar Malami (SAN), who is the chief law officer, said security remains the exclusive preserve of the Federal Government.

In a statement signed by the Special Adviser to the AGF on Media and Public Relations, Dr. Umar Gwandu, he said the outfit was illegal.

The statement read in part, “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.”

Written by Maureen

One Comment

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  1. Very unpopular position. Sounds like personal viewpoints from an unclear position.

    Cautions required on the misuse of the word defence to becloud internal insecurity gaps within Nigeria for Nigerians. Defence should be used predominantly for armed forces and external aggression against the territory known and called Nigeria. Security should be used for the internal security of Nigerians in their various communities they have been organized, which are states and local government. Therefore, when referring to security institutions, due dilliegence demand of the government legal officers to identify internal security domains and external defence.

    Why would anyone for the purpose of scoring points of view attempt to blur the truth on strategies and organization to prevention internal insecurity at the people’s community level? It is saddening!

    Let no one bring in the status of federal defence institutions in comparison with the Amatekun, which is a community model for the prevention of internal insecurity within some component States of Nigeria.

    Kudos for the state governors for coming out strongly to declare a security outfit meant to cover the nooks and crannies if the constituent communities within their states. Some pretenders and lazy leaders elsewhere in the corporate Nigerian governance would have manipulated the federal government to own this responsibility.

    Legality should be applicable to violation of existing laws guaranteed under the constitution of the components of Nigeria. Constitutionality should be applicable to derivation of authority to apply the laws to fit the situations of development within the components of Nigeria.
    Under the constitution of the federal republic of Nigeria, the state governors are the number one security officer and CEO of their state. They are responsibility for the finance and strategies to ensure internal security within the state to compliment the existing structures and or to close the existing gaps significant within their states.

    States do budget for internal security but history of the strategies to apply the budgets has never been standardize and synergized as modelled out with Amatekun.

    Amatekun cannot be illegal for as far as internal security within a state is constitutional. The national leadership should in logical denial or and or inadequacy of federal agencies to protect properties, life and environments of the citizens especially as are more within the states, local governments and communities traditional to the citizens.

    Rather than propagating illegality, the federal officers should stand up to workout synergies to make the best out of the security model inherent in Amotekun for prevention of local aggressions and devastation of communities. Amotekun just could have been established at a better time than the present season of our democracy. Despite all federal paramilitary agencies currently paraded by the the Federal government, the gaps to be closed by Amotekun remains fundamentally under the state constitutional, finance and security responsibilities of state governors. There is needless confusing defence of the territory and sovereignty of Nigeria as a country with the drives to internally prevent insecurity of the citizens, properties and local environments with the territory of Nigeria.

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