FG declares Amotekun as illegal

FG declares Amotekun as illegal

Attorbey General of the Federation and Minister of Justice, Abubakar Malami SAN has pronounced ‘Amotekun’, the security outfit newly inaugurated by governments of states in the south west as illegal.

“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,” a statement released on Tuesday evening and signed by Dr. Umar Jibrilu Gwandu, SA Media and Public Relations, (Office of the Attorney-General of the Federation and Minister of Justice) stated.

The statement added that “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.”

Read the full statement below:

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.

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