FG: Amotekun Is Illegally Constituted, Against Nigeria Law

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Attorney-General of the Federation, Abubakar Malami (Photo Credit: DailyPost)

The federal government on Tuesday said the newly launched south-west security outfit codenamed: “Amotekun” is not legal.

The south-west States governors during the launching of the outfit had averred that the group was established to tackle the perennial insecurity in the region.

Governor of Ekiti state, Kayode Fayemi, explicitly stated that the outfit is not regional police.

In a statement on Tuesday, Abubakar Malami, attorney-general of the federation, said States whether in group or single didn’t have the power to flout a security outfit because such function was not on the concurrent list.

Malami added the power to flout and maintain a security outfit was the exclusive preserve of the federal government.

He said the Nigerian constitution had provided for several security outfit which were saddled with responsibility of maintaining peace and order and protect the sovereignty of the nation from internal and external aggression.

“The setting up of the paramilitary organisation called Amotekun is illegal and runs contrary to the provisions of the Nigerian law,” Malami said in the statement which Umar Gwandu, his spokesman, issued on his behalf.

“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.” He said

Mixed reactions had trailed the launching of the outfit with some sections of the citizenry greeting the initiative with misgivings and apprehension while others embrace it with a tinge of optimism and sense of purpose.