Is Operation Amotekun Illegal?

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Since the declaration as illegal of a paramilitary organisation code named “Amotekun” by the federal government, there have been several reactions.

This collaboration, tagged Operation Amotekun, according to them is expected to complement the efforts of the regular police force in the area of combating kidnapping, armed robbery, as well as herdsmen and farmers contentions.

The establishment of this security outfit which has been widely applauded by the southerners and Nigerians at large, to many, is an attestation of the failure of the current security system at bringing about the needed safety of lives and property in line with the fundamental objectives and principles of state policy as captured in Chapter II, Section 14(2b) of the Nigerian Constitution.

The outfit officially launched last Thursday, January 9 , 2020 at the Oyo State governor’s office, State Secretariate, Agodi, Ibadan is  to among other things help tame  the disheartening situation of insecurity which assumed a frightening height with the painful murder of the daughter of the Afenifere leader, Reuben Fasoranti, by yet-to-be identify gunmen along Ore road.

Olufunke Olakurin, was said to have been shot while on her way to Lagos by masked hoodlums after a visit to her father in Akure on June 23, 2019.

Her killers are yet to be found while investigations into the incident by the police is yet to yield positive result.

AGF harped that the Constitution of the Federal Republic of Nigeria 1999 (as amended) has

“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 organisation 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,” the statement said.

Various groups including National Association of Nigerian Students (NANS), Yoruba socio-cultural group, Afenifere, Southern and Middle Belt leaders amongst several others have slammed the Attorney General’s statement, insisting the operation has come to stay.

 They questioned the rationale behind the existence of a Sharia police, Hisbah operating in Kano state and the Civilian Joint Task Force (JTF) operating in some states especially Borno, where they help in tackling insurgency.

Except for the Civilian JTF which has no legislative backing, the Sharia police, Hisbah, operating in Kano State, is a creation of the State House of Assembly that was formalised in 2003 and gazetted.

Is Operation Amotekun Illegal ?

The Attorney General is also empowered to advise on issues of public interest, justice and the need to prevent abuse of legal process.

Sections 174(3) and 211(3) of the 1999 Nigerian Constitution provide that in exercising their prosecutorial powers, the Federal and States’ Attorneys-General ‘shall have regard to the public interest, the interests of justice and the need to prevent abuse of legal process.

It was not out of place that the chief law officer in Nigeria drew the attention of the South West governors about the security outfit they set up.

The legislature is referred to as the first branch of government with the executive and judicial arms evolving thereafter. This created a system of limited government, with checks and balances and separation of powers, to prevent any one branch or element from consolidating control.

The president (governor in a state) who heads the executive arm, lawmakers, and the courts who represent the judiciary arm, need the cooperation or consent of one another to take action.

While the establishment of Operation Amotekun has been widely applauded, the fact remains that the action of the South West governors, though with very good intentiom to aid governance by providing security was without a law enacted by the lawmakers, this action thereby, makes operation Amotekun illegal as stated by the Attorney General and Minister of Justice, Abubakar Malami.

To save this security outfit from operating illegally, the Southwest governors needs to sponsor executive bills, private citizens in the respective states can also sponsor  bills or the lawmakers in the affected states can initiate bills to give legal backing to operation Amotekun in the South West.