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The newly formed 'Amotekun' security outfit has been declared illegal by the Federal Government.
Newly formed ‘Amotekun‘ security outfit declared illegal
The federal government through the office of the attorney general
of the federation has declared the newly formed ‘Amotekun‘ security
outfit as illegal.
The conveners have been urged by the FG to discontinue the outfit
as 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)
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