The federal government through the office of the attorney general of the federation has declared the newly formed ‘Amotekun‘ security outfit as illegal.
It urged its conveners to discontinue the outfit stating that no other authority at the state level, whether the executive or legislature has the legal authority over defence.
The press release is as follows:
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.
Signed
Dr. Umar Jibrilu Gwandu
SA Media and Public Relations (Office of the Attorney-General of the Federation and Minister of Justice)
I believe the Supreme Court should give final position on this. Self defense has never been against Nigeria constitution. If AMOTEKUN can complement the efforts of Police on internal security, so let it be.
Why should so call Fed Govt of Nigeria taged Amotekun as ILEGAL. When they neglected there responsibilities to secure adequate an proper security of its citizens.
The so call Mr President is afraid of his administration not to falls into separation of Nigeria and which it must come to pass beside either he like it or not.
If he is sleeping heust not slept with his whole heart because there is fire on the mountain already because nigeria citizen both home an international are already feld up if the whole kaba system.Nigeria have wake up an breaking must happen
The FG appointment of security architecture in all military and paramilitary formation in Nigeria is also illegal and unconstitutional.
this is northern cabals flexing their muscle .
the Fulani terrorists are afraid Amotekun will curb their excesses and stop their reign
of terror
FG, Police, AGF and the entire North can call Atomekun security network any name, but our stand is that Yoruba Nation need to be protected against attack from Hausa/Fulani oligarch and their marabout.
It is on records that Yoruba Nation supported North in the past but now we have take our destiny into our hands.
The world knows that Yoruba people or Nation are peaceful and law abiding but if Yerima and entire North said they want to wage war against us or Amotekun, we are ready to fight back.
I don’t just know why the Northerners are so Jealous about the Westerners ways of doing things or governance.
The Nigerian Constitution is clear on this matter BUT what is the stand of the law where the federal government failed woefully to protect her citizens either in part or in general??????
What is going on??? I think this people are crazy…since the defence system of Nigeria now value animal than men, it’s better for men to go for self defence which I know fully well is not against constitution.
If local vigilante in villages and other smaller communities that are established to protect their individual communities are not a threat to Nigeria as country, I raise serious suspicion on why the federal government is afraid of Operation Amotekun that formed by a pool of federating states. It’s obvious that the federal is playing deceit with other parts of the nation other than the Fulani stock. There is injustice in this nation’s administration. The invasion of some fulani herdsmen and killing of people of Benue and Plateau states are still very fresh in our memories. I think this northern oligarchy or cabal is bent to ruin this country at all cost…
I swear federal Government na scam, what about the case of HISBA in Kano and also ZENDA in Zaria operate together with military,police and Civil defence.
Why is it that they are against the west?