National Security

Amotekun Is Unconstitutional And Illegal, Nigeria’s Attorney General Malami Declares

Nigeria’s Attorney General Abubakar Malami has declared as illegal and unconstitutional, the security outfit set up jointly by the state governors of the Western region of Nigeria.

In a statement issued by his Special Assistant, Media and Public Relations, Dr. Umar Jibrilu Gwandu on Tuesday, January 14, Attorney General Malami said the Federal Republic of Nigeria is a sovereign entity and is governed by laws meant to sustain its corporate existence as a constitutional democracy.

Malami added that Nigeria 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,” Malami further stated.

This is coming as a shock to many who are of the opinion that the Nigerian authorities have not done enough to protect indigenous Nigerians from invading forces, marauders and bandits, who are usually under the protection of regime forces.

In a swift reaction, Tony Nnadi, the Secretary General of Movement for New Nigeria, an organization that has been coordinating all the Self-determination initiatives in Nigeria, wrote the following on his Facebook wall:

“With Sharia Police (Hisbah) in place, the scrapping of the Yoruba Regional Self-Policing Outfit by the Caliphate-FG for being unconstitutional will show those who didn’t grasp the urgency of the need for the rest of Nigeria to act decisively and take down the 1999 Constitution, as well as, the gravity of the danger called “Nigeria” they are trapped in.

With the Sharia Police remaining unquestioned by the regime, this may be the first full proof of an apartheid legal system and constitutional order in a country the West touts as the largest democracy in Africa.

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