“Nigeria’s Attorney General Lacks Power To Out Law Amotekun,” Femi Falana

“Nigeria’s Attorney General Lacks Power To Out Law Amotekun,” Femi Falana

Based on the Federal Government’s declaration of Operation Amotekun as illegal, the South-Western Leaders and Stakeholder have expressed their opinion regarding the development. In an interview, Femi-Falana (SAN) expressed his thoughts regarding the proscription of Amotekun. His views are shared below.

Prior to the official launch of Amotekun in Ibadan, Oyo State, last week, the Inspector-General of Police, Mr Mohammed Adamu, held a meeting with South-West governors represented by Governor Kayode Fayemi of Ekiti State.  The meeting seemed to have been successful as it was reported that the police endorsed the security initiative.

“By virtue of section 318 of the constitution, the word “government” is said to include the government of the Federation or any State or Local Government Council or any person, who exercises power or authority on its behalf,” He quoted.

By virtue of the meeting held with the Inspector-General of Police, it was safe to assume that the Federal government was in the know and approved the establishment of Amotekun.

Therefore, the statement of the Attorney-General of the Federal Government that he was not consulted before the establishment of Amotekun is totally uncalled for and ought to be ignored by South-West governors.

Mr Malami who had purported the proscription of Amotekun is hypocritical and discriminatory on the grounds that the Civilian JTF operating in Yobe and Borno states is constituted by 26,000 well-armed volunteers, who have been assisting the armed forces to combat terrorism in the North-East region. The governments of Kano and Zamfara states have established the Hisbar Commission which serve as a security agency in both states.

“The Lagos State Government has equally established the Neighbourhood Watch to assist the Police and other security agencies in protecting the life and property of every person living in Lagos,” He stated.

No doubt, Mr Malami has anchored his controversial legal opinion on section 227 of the constitution, which provides that “No association shall retain, organise, train or equip any person or group of persons for the purpose of enabling them to be employed for the use or display of physical force or coercion in promoting any political objective or interest or in such manner as to arouse reasonable apprehension that they are organised and trained or equipped for that purpose,” He quoted.

“Since Amotekun is not an outfit set up by South-West governors to harass or intimidate political opponents, it cannot be prohibited under section 227 or any other provision of the constitution,” He said.

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